• Title/Summary/Keyword: settlement space

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Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

Insurance system for legal settlement of drone accidents (드론사고의 법적 구제에 관한 보험제도)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.227-260
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    • 2018
  • Recently, as the use of drones increases, the risk of drone accidents and third-party property damage is also increasing. In Korea, due to the recent increase in drone use, accidents have been frequently reported in the media. The number of reports from citizens, and military and police calls regarding illegal or inappropriate drone use has also been increasing. Drone operators may be responsible for paying damages to third parties due to drone accidents, and are liable for paying settlements due to illegal video recording. Therefore, it is necessary to study the idea of providing drone insurance, which can mitigate the liability and risk caused by drone accidents. In the US, comprehensive housing insurance covers damages caused by recreational drones around the property. In the UK, when a drone accident occurs, the drone owner or operator bears strict liability. Also, in the UK, drone insurance joining obligation depends on the weight of the drones and their intended use. In Germany, in the event of personal or material damage, drone owner bears strict liability as long as their drone is registered as an aircraft. Germany also requires by law that all drone owners carry liability insurance. In Korea, insurance is required only for "ultra-light aircraft use businesses, airplane rental companies and leisure sports businesses," where the aircraft is "paid for according to the demand of others." Therefore, it can be difficult to file claims for third party damages caused by unmanned aerial vehicles in personal use. Foreign insurance companies are selling drone insurance that covers a variety of damages that can occur during drone accidents. Some insurance companies in Korea also have developed and sell drone insurance. However, the premiums are very high. In addition, drone insurance that addresses specific problems related to drone accidents is also lacking. In order for drone insurance to be viable, it is first necessary to reduce the insurance premiums or rates. In order to trim the excess cost of drone insurance premiums, drone flight data should be accessible to the insurance company, possibly provided by the drone pilot project. Finally, in order to facilitate claims by third parties, it is necessary to study how to establish specific policy language that addresses drone weight, location, and flight frequency.

Effect of a frontal impermeable layer on the excess slurry pressure during the shield tunnelling in the saturated sand (포화 사질토에서 전방 차수층이 쉴드터널 초과 이수압에 미치는영향)

  • Lee, Yong-Jun;Lee, Sang-Duk
    • Journal of Korean Tunnelling and Underground Space Association
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    • v.13 no.4
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    • pp.347-370
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    • 2011
  • Slurry type shield would be very effective for the tunnelling in a sandy ground, when the slurry pressure would be properly adjusted. Low slurry pressure could cause a tunnel face failure or a ground settlement in front of the tunnel face. Thus, the stability of tunnel face could be maintained by applying an excess slurry pressure that is larger than the active earth pressure. However, the slurry pressure should increase properly because an excessively high slurry pressure could cause the slurry flow out or the passive failure of the frontal ground. It is possible to apply the high slurry pressure without passive failure if a horizontal impermeable layer is located in the ground in front of the tunnel face, but its location, size, and effects are not clearly known yet. In this research, two-dimensional model tests were carried out in order to find out the effect of a horizontal impermeable layer for the slurry shield tunnelling in a saturated sandy ground. In tests slurry pressure was increased until the slurry flowed out of the ground surface or the ground fails. Location and dimension of the impermeable layer were varied. As results, the maximum and the excess slurry pressure in sandy ground were linearly proportional to the cover depth. Larger slurry pressure could be applied to increase the stability of the tunnel face when the impermeable layer was located in the ground above the crown in front of the tunnel face. The most effective length of the impermeable grouting layer was 1.0 ~ 1.5D, and the location was 1.0D above the crown level. The safety factor could be suggested as the ratio of the maximum slurry pressure to the active earth pressure at the tunnel face. It could also be suggested that the slurry pressure in the magnitude of 3.5 ~4.0 times larger than the active earth pressure at the initial tunnel face could be applied if the impermeable layer was constructed at the optimal location.

Monitoring of a Time-series of Land Subsidence in Mexico City Using Space-based Synthetic Aperture Radar Observations (인공위성 영상레이더를 이용한 멕시코시티 시계열 지반침하 관측)

  • Ju, Jeongheon;Hong, Sang-Hoon
    • Korean Journal of Remote Sensing
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    • v.37 no.6_1
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    • pp.1657-1667
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    • 2021
  • Anthropogenic activities and natural processes have been causes of land subsidence which is sudden sinking or gradual settlement of the earth's solid surface. Mexico City, the capital of Mexico, is one of the most severe land subsidence areas which are resulted from excessive groundwater extraction. Because groundwater is the primary water resource occupies almost 70% of total water usage in the city. Traditional terrestrial observations like the Global Navigation Satellite System (GNSS) or leveling survey have been preferred to measure land subsidence accurately. Although the GNSS observations have highly accurate information of the surfaces' displacement with a very high temporal resolution, it has often been limited due to its sparse spatial resolution and highly time-consuming and high cost. However, space-based synthetic aperture radar (SAR) interferometry has been widely used as a powerful tool to monitor surfaces' displacement with high spatial resolution and high accuracy from mm to cm-scale, regardless of day-or-night and weather conditions. In this paper, advanced interferometric approaches have been applied to get a time-series of land subsidence of Mexico City using four-year-long twenty ALOS PALSAR L-band observations acquired from Feb-11, 2007 to Feb-22, 2011. We utilized persistent scatterer interferometry (PSI) and small baseline subset (SBAS) techniques to suppress atmospheric artifacts and topography errors. The results show that the maximum subsidence rates of the PSI and SBAS method were -29.5 cm/year and -27.0 cm/year, respectively. In addition, we discuss the different subsidence rates where the study area is discriminated into three districts according to distinctive geotechnical characteristics. The significant subsidence rate occurred in the lacustrine sediments with higher compressibility than harder bedrock.

Analysis on Seismic Resistance Capacity of Hollow Concrete Block Reinforced Foundation Ground by Using Shaking Table Test (진동대 시험을 이용한 중공블록 보강 기초의 내진성능분석)

  • Shin, Eun-Chul;Lee, Yeun-Jeung;Yang, Tae Chul
    • Journal of the Korean Geosynthetics Society
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    • v.20 no.4
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    • pp.85-93
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    • 2021
  • The seventy percentage of Korean Peninsular is covered by the mountainous area, and the depth of west sea and south sea is relatively shallow. Therefore, a large scale land reclamation from the sea has been implemented for the construction of industrial complex, residental area, and port and airport facilities. The common problem of reclaimed land is consisted of soft ground, and hence it has low load bearing capacity as well as excessive settlement upon loading on the ground surface. The hollow concrete block has been used to reinforce the loose and soft foundation soil where the medium-high apartment or one-story industrial building is being planned to be built. Recently the earthquakes with the magnitude of 4.0~5.0 have been occurred in the west coastal and southeast coastal areas. Lee (2019) reported the advantages of hollow concrete block reinforced shallow foundation through the static laboratory bearing capacity tests. In this study, the dynamic behavior of hollow concrete block reinforced sandy ground with filling the crushed stone in the hollow space has been investigated by the means of shaking table test with the size of shaking table 1000 mm × 1000 mm. Three types of seismic wave, that is, Ofunato, Hachinohe, Artificial, and two different accelerations (0.154 g, 0.22 g) were applied in the shaking table tests. The horizontal displacement of structure which is situated right above the hollow concrete block reinforced ground was measured by using the LVDT. The relative density of soil ground are varied with 45%, 65%, and 85%, respectively, to investigate the effectiveness of reinforcement by hollow block and measured the magnitude of lateral movement, and compared with the limit value of 0.015h (Building Earthquake Code, 2019). Based on the results of shaking table test for hollow concrete block reinforced sandy ground, honeycell type hollow block gives a large interlocking force due to the filling of crushed stone in the hollow space as well as a great interface friction force by the confining pressure and punching resistance along the inside and outside of hollow concrete block. All these factors are contributed to reduce the great amount of horizontal displacement during the shaking table test. Finally, hollow concrete block reinforced sandy ground for shallow foundation is provided an outstanding reinforced method for medium-high building irrespective of seismic wave and moderate accelerations.

The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

A Comparative Study between International Convention and National Legislation in Respect of the Liability of the Carrier in the Carriage of Cargo by Air (항공화물운송인의 책임에 관한 국제협약과 국내입법의 비교연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.19-45
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    • 2009
  • The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

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The Formation and Development of Article Titles in the Beginning Period of Korean Newspapers: Focused on The Independent, The Korea Daily News and The Dong-A Ilbo (한국 근대신문 기사제목의 형성과 발전: "독립신문", "대한매일신보", "동아일보"를 중심으로)

  • Choi, Chang-Shik;Baek, Chae
    • Korean journal of communication and information
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    • v.43
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    • pp.209-246
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    • 2008
  • This research is a comparative analysis of article titles in the beginning period of Korean newspapers. The Independent, The Korea Daily News and The Dong-A Ilbo were chosen for this research because each was the representative newspaper of 1890s, 1900s and $1920s{\sim}1930s$ respectively. In result, The Independent's article titles had been appeared on nearly 2 years after its first issue. Before the appearance of titles, The Independent had divided articles only with section names. In 1900s, The Korean Daily News's article titles was longer than those of The independent. And in 1910, the titles of The Korean Daily News had been placed on separated line to divide articles clearly. But during these period, typographical development of titles was not shown and the width of title was remained in one column. This means, the function of title in these periods was not to represent the value of article but only to divide the articles. In 1920s, The Dong-A Ilbo had used big size types and multi-column edit and those changes enabled newspaper to introduce the concept of layout. During the decade of 1930s, The Dong-A Ilbo's titles had occupied more space on newspaper than earlier period. This could be explained from the perspective of sensationalism of commercial newspaper and a tendency of putting more weight on titles. On the dimension of expression, proportions of subjective titles in The Independent, The Korea Daily News were 44.4% and 28.3% each, but the subjective titles of The Dong-A Ilbo in 1920's were only 4.2%. This decrease can be explained by the settlement of objective journalism in Korean newspapers during $1920s{\sim}1930s$.

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Dynamic Characteristics of Liquidity Filling Materials Mixed with Reclaimed Ash (매립석탄회를 혼합한 유동성 충진재의 동적거동특성)

  • Chae, Deokho;Kim, Kyoungo;Shin, Hyunyoung;Cho, Wanjei
    • Journal of the Korean GEO-environmental Society
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    • v.15 no.4
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    • pp.5-11
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    • 2014
  • Recently, there have been various lifeline installations constructed in the underground space of urban area due to the effective use of land. For newly installed lifelines or the management of the installed lifelines, many construction activities of excavation and backfilling are observed. Around these area, there are possibilities of collapse or excessive settlement due to the leaking of the pipe or unsatisfactory compaction of backfill material. Besides, construction costs can be saved since the on-site soils are used. The application of this liquidity filling material is not only to the lifeline installation but also to underpin the foundation under the vibrating machinery. On the evaluation of the applicability of this method to this circumstance, the strength should be investigated against the static load from the machine load as well as the vibration load from the activation of the machine. In this study, the applicability of the liquidity fill material on the foundation under the vibrating machinery is assessed via uniaxial compression and resonant column tests. The liquidity filling material consisting of the on-site soils with loess and kaolinite are tested to investigate the static and dynamic characteristics. Furthermore, the applicability of the reclaimed ash categorized as an industrial waste is evaluated for the recycle of the waste to the construction materials. The experimental results show that the shear modulus and 7 day uniaxial strength of the liquidity filling material mixed with reclaimed ash show higher than those with the on-site soils. However, the damping ratio does not show any tendency on the mixed materials.

A Study on the Condition of Location According to the Formed Time in the Clan Village (동족(同族)마을의 설촌(設村)시기에서 나타난 입지(立地) 특성에 관한 연구)

  • Park, Myung-Duk;Park, Eon-Kon
    • Journal of architectural history
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    • v.1 no.1 s.1
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    • pp.68-87
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    • 1992
  • This study is the conditions of location according to formed the times in the clan village. The results of this study are as follows ; 1. in the 15th century, the characterestics of the village established residencial place where mountain stream flowed surrounded by the mountain and deep in the mountains with superior quality land. That's because Sa-dae-bu put equal importance on beautiful scenery and practical benefit for living. Stream House provided economical foundation for Sa-dae-bu to be able to keep confucial manners by putting limit their economic status to small medium sized land owner. Topographical condition such as valley or hollow separated from the exterior maintained unification of consanguineous village in self sufficient farming society and held on to independent territory against external to be able to stay away from turbulent days so that they formed residential area of Sa-dae-bu clan. And the valley where flowed clean water was considered as the connection of continuous place where distinctiveness of form in each curve and and factor of calm and dynamic scenery of the clean stream. Scholars in the middle of Chosun Dynasty located in the utopia as place for confucious retirement to study, a place for refinement by combination with the nature or as a way of spacial practice based on Confucious view of nature. 2. in the 16th-l7th century, Most of existing consanguineous villages adopt deep in the mountains for refuge. at that place, upward rank was established by settlement of the ancestor who entered in the village first, the principal was placed in the center of the village and since descendants became numerous, it was serialized as the space of descendants. So, it was arranged in the order of social rank. Most of the villages showed development step by step started from precaution by apperance of the mountain to the lower part. It's because the topography of valley around the village worked as the natural hedge against external force and genealogy of the clan, regularity of social status, order of entrance into the village were reflected into residencial destribution. Also, order of the rank coincided with the one of aspects on geomancy. Genealogical rank within the village represented spacial rank. Houses of descendants and branch families were placed lower than the principal which showed worship to the principal. 3. In 18th century after, as the village was settled nearby cultivated land considering economical loss caused by long distance between residencial area and cultivated land, direction of sect followed by development of village expanded from the front part of the village to the rear part. The principal that was poped out to the front presented frontage over exterior. Therefore, residencial area of branch families expanded to the rear starting from the principal. This represented a slice of social structure at that time. after 18th century, spirit was percieved superior over material, After then, development of cultivation and expantion of land created difference of economic strength within one village. In order to maintain and show off the status of Yang-ban, economic power of indigenous land owner became fundamental, so, sense to worship and to keep the principal became weak eventually. Taking advantage of that situation, residencial area of branch family expanded to the rear part of the principal which showed dual disposition conflicted with each other. However, these clan rules were destroyed and new rules were created after 18th century because of the situation and consciousness at that time.

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