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Local, Jobless Person, Homo Economicus, Three Axis of Kwak Hashin's Works (로컬, 룸펜, 경제적 인간, 곽하신 소설의 세 좌표)

  • Kim, Yang-Sun
    • Journal of Popular Narrative
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    • v.26 no.3
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    • pp.161-188
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    • 2020
  • This paper seeks to expand the scale of literary history by restoring and analyzing the whole aspect of Kwak Hashin's works, which has so far been studied little. For this purpose, I notice the rupture of discontinuity of his works which is greatly divided into the colonial period and post Korean war period. And the characteristics of each works can be analyzed based on the three axis, local(colonial period), jobless person(post-war period), and Homo Economicus(some short stories, and popular novels in post-war period). In Chapter 2, 'Local-the world of Munjang', I evaluated that Kwak Hashin's novel, which had been published in the late 1930s in the Journal of Munjang, embodied anti-modern aesthetic consciousness, as clearly revealing the sorrow for disappearing things, the pre-modern sense of time, and the preference for local. In Chapter 3, 'Jobless Person' and Chapter 4, 'The State of All People's Struggle against All People, The Appearance of Homo Economicus', the Korean society in late 1950s, which entered underdeveloped capitalist countries after Korean war, can be characterized by two contrasting male-gender, one is the jobless, incompetent male, and the economic man on the other hand. In the late '50s, Lumpen(=Jobless Person) novels showed the problems of the Korean economy through incompetent male character. The intelligent men took the path to survival rather than morality or intimacy, projecting their own incompetence and anxiety to women/wives. In the popular novels Women's Song and The Shadow of the Fig Tree, achievement-oriented male figures who betrayed their colleagues, and exploited women's sex by using love relationships to rise to the top appeared. They can be defined as the Homo Economicus who embody the state of universal struggle against all people. These novels showed the formation of the masculinity in post Korean war period, which pursued the survival of the fittest, borrowing form of popular novel. As we have seen so far, Kwak Hashin needs to be re-evaluated as an writer who expanded the modern literary history in the outside of literature. He was the last generation writer written in Korean late colonial period, and provided the model of postwar literature by borrowing the form of journalism and popular novels.

The Transmission Activities and characteristic of the Naeseo Traditional Folk art Conservation Association in Masan (마산 내서전통민속문화예술보존회의 전승 활동과 특징)

  • Choi, Ja-Un
    • (The) Research of the performance art and culture
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    • no.43
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    • pp.121-143
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    • 2021
  • The Aim of the this paper is to figure out impetus of the Naeseo Traditional Folk art Conservation Association. This Preservation Society derived from Hogaeri farmers' band. Through aging and hollowing out Hogaeri farmers' band got into a period of stagnation. In order to overcome slump villager and people of a township organized a conservation society in 1994. Members restored and directed folk song which from age to age for performance. are designated as cultural asset in 2017. Sutguldeong song is only song in inland area. This song are worthy of notice in . which is consist of various agricultural work songs experienced two changes. Rice-planting songs are characteristic. Especially, Executive playing a central role harden foundation of the Preservation Society. The mainspring of activity is the sense of responsibility. Preservation Society laying emphasis on recruiting new members. Preservation Society is planning to develop curriculum for Jurisdiction elementary and middle school students. This Preservation Society is made up of First generation members and Second generation members. First generation members who are born and bred in Hogaeri have been good friends both in joy and in sorrow Early days of Preservation Society. So, They has a strong family bond. In order to induce membership Members are practicing Nongak, popular folk songs, dancing program. Second generation members are not conversant with a folk song. Nonetheless They have a strong mind on a member line.

Disaster : Concepts and Responses in Prehistoric Times from the Viewpoint of Analytical Psychology (선사시대 원시인의 재난과 대처양식에 대한 분석심리학적 연구 : 신화와 암각화를 중심으로)

  • Chan-Seung Chung
    • Sim-seong Yeon-gu
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    • v.32 no.2
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    • pp.73-121
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    • 2017
  • Disaster is externally an incident that causes enormous damage to society and humanity. Disaster also internally stimulate a variety of personal and collective complexes in the human mind. The sinking of Sewol Ferry in 2014 was a disaster that took away countless lives. People not only in South Korea but around the world were deeply affected by the incident. While directly taking part in disaster mental health support and meeting with people who were sunk in sorrow and helplessness and feeling the collapse of conceit against modern technological civilization, I realised the need to conduct study and research on the conscious and unconscious response from the viewpoint of analytical psychology. This research investigates the response and management of disaster in prehistoric times mainly through myths and petroglyphs. This study aims to consider the problems and improvements of disaster response in the modern times by finding the distinct cultural characteristics and the universal, fundamental, and archetypal human nature inherent in the concepts of disaster and responses to disaster and discovering their meaning and wisdom. Creation myths around the world show that in the beginning there was a disaster as part of the universal creation. Humanity has understood disaster as a periodic renewal of the world by the oppositeness between destruction and creation and had the idea that violation of taboo to be the cause of disaster since prehistoric times. Disaster could be interpreted as the intention of the Self that renews the fundamental consciousness through the externally appearing destructive action. Various rituals performed by man on earth renovates the human consciousness during a mental crisis situation, such as a disaster, and corresponds with the unconscious to create an opportunity for psychological regeneration that seeks harmony. Modern society has neglected the importance of internal dealing and the suffering human soul and concentrated on the external, technological and administrative actions related with disaster response. We cannot determine the occurrence of a disaster, but we can determine how to deal with the disaster. While developing external disaster response, we need to ponder on the meaning of disaster and conduct internal disaster response that care for human mind. Through this, we will understand the meaning of pain and have renewed mature psyche.

A Study on Growth Type of Comic strips Heroes through Journey of Life (삶의 여정을 통한 만화 히어로 성장유형 연구)

  • Kim, MiRim
    • Cartoon and Animation Studies
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    • s.29
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    • pp.173-207
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    • 2012
  • The four-phased plot which consists of introduction, development, turn and conclusion in the long-story structure tends to be patterned and schematized. The behavior of characters is in line with the beginning of human beings and the plot of comic strips basically has four phases. It is, however, not a simple arrangement but a complex one which was developed by organizing patterns of human power, behavior and emotions. With the results from a survey with college students studying comic strips, this study aims to categorize four characters from the archetypal system by Carol Pearson, four phases of the hero's journey by Joseph Campbell, and the four phases of the plot based on Aristotle's theory, which is the frame of the comic strip structure through supporting evidence extracted from comic strips in an integrated way. In this study, the categorization is performed by simplifying and systemizing a character's life cycle, which is a factor of a story structure in complex comic strips. This study is to identify what comic strip writers express by using the metaphor in the complicated long-story structure of comic strips This study reveals that the structure of introduction, development, turn and conclusion based on the plot theory by Aristotle is the metaphor of human life and fate and that the phases of development in the archetypal system by Carol Pearson, a Jung researcher influenced by Jung's theory are the metaphor of human life and fate. Also, the theories of Joseph Campbell, who also was influenced by Jung, are the metaphor of human life and fate as they projected complex emotions of joy, anger, sorrow, and pleasure onto the archetype of heroes and used the metaphor of the hero's journey. Lastly, the theories are introduced with the approach of 'guide to screenwriters' by Christopher Vogler. Meanwhile, this metaphor is the objective and goal of this study. The comic strips selected for this study seem to have long complex stories which have characters leaving their homes, going through adventures and difficulties, meeting the world in another way, experiencing tension, competition, wars, and hardship and returning home with compensation. They grow mentally and psychologically through their journeys and finally become heroes. They express the meaning of our introspection in a narrative through plots and images of comic strips. This appears complex but the basic structure of long comic strips has four phases of plot. The life style of an extraordinary character traveling for adventures and growing in long comic strips can be divided into four phases symbolizing childhood, adolescence, adulthood, and senescence and it is a psychological growth process. The archetypes of the character can be divided into four phases and the growth process can be explained. The hero's journey symbolized by the character can be also divided into four phases. Through theories, the complex arrangement of four-phased plots in comic strips corresponds with the growth process of introduction, development, turn and conclusion through the stages of life. At the same time, this study found that the characters becoming heroes are the metaphor of introspection and that the characters' growth and life correspond with the four phases in life through long comic strips. Long stories in long comic strips written by comic strip writers show that characters go on their journeys and change their lives through hardship and difficulty by logical construction of plot and their growth processes are presented in archetypal images and they reach introspection as heroes. The readers share time and space through images in comic strips and realize that they had the same experience as the characters emotionally by being moved by the stories.

A Basic Study on Spatial Recognition through Poet in Soswaewon Garden (시문을 통해 본 소쇄원의 공간인식에 관한 기초연구)

  • Lee, Won-Ho;Kim, Dong-Hyun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.33 no.3
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    • pp.38-49
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    • 2015
  • This study aims to contemplated spatial recognition in Soswaewon Garden through garden visitors poetry. It was content analysis in poetry and extract frequency from words based on relationship of author. The results were as follows. First, relationship of authors who wrote Soswaewon Garden poetry was formed in companionship. In the Yang, San-Bo(梁山甫), poetry was written by Song, Soon(宋純), Kim, Un-Geo(金彦据) and Kim, In-Hu(金麟厚) as the central figure. Especially Kim, In-Hu was playing an important role in Soswaewon Garden poetry. He was wrote many of poetry and keep friends with Yang, Ja-Jeong(梁子渟) too. In the Yang, Ja-Jung, relationship of previous generation was sustained. In addition, Ko, Gyeong-Myeong(高敬命) and Kim, Seong-Won and Jeong, Chul(鄭澈) is more closely related than others. Because blood relationship by marriage. In the Yang, Jin-Tae(梁晋泰), He formed a relationship with a celebrity and attend to international activity. Since then Yang, Jin-Tae periord, Yang, Gyeong-Ji(梁敬之) and Yang, Chae-Ji(梁采之) formed relationship of previous generation was sustained. And surrounding people was written poetry as hold a banquet. Second, plant and ornament is a popular object for writing poetry. Bamboo grove and Fine tree with a high frequency of plant element in poetry. Bamboo grove is a typical species of trees in Soswaewon Garden. It was enclosed the Soswaewon Garden. Fine tree was often used target of poetry as a single tree. Meanwhile, ornament of the wall has been used most frequently. Descendants wrote a poem to see it because Kim, In-Hu's poetry was left. This phenomenon is involves respect for the ancient sages with high frequency. In addition, behavior of viewing the landscape was mainly appeared. Third, spatial recognition of Soswaewon Garden can be divided into landscape cognition, behavior cognition and emotional cognition. In a aspect of landscape cognition, early Soswaewon Garden was recognized as a pavilion. That was used garden name to 'Soswaewon Garden' since Yang, Ja-Jung's period. That is to say, Soswaewon Garden expanded from pavilion area surrounded by trees into the whole appearance is equipped garden area. Behavior cognition was consisting drink and enjoys a landscape. In the Yang, San-Bo, authors enjoyed drinking and viewing a landscape besides walking, writing poetry, viewing the moon. But after Yang, San-Bo's period other than drinking and enjoy a landscape has appeared a low frequency. These results were changed from internal place to blood relationship into external place to companionship. In the Yang, San-Bo's emotional cognition was sorrow and yearning about leave to Soswaewon Garden with an idly atmosphere. Pleasant emotion was sustained all generation. And emotion of respect for the ancient sages was appeared since Yang, Cheon-un.

A Study on Heo Gyun's 'Clean(Cheong: 淸)' Kind Style Examined through Style Terminologies in Seongsushihwa(『惺叟詩話』) (『성수시화(惺叟詩話)』 속 풍격(風格) 용어(用語)를 통해 본 허균(許筠)의 '청(淸)'계열(系列) 풍격(風格) 연구(硏究) - 청경(淸勁)'·'청절(淸切)'·'청초(淸楚)'·'청월(淸越)'을 중심으로 -)

  • Yoon, Jaehwan
    • (The)Study of the Eastern Classic
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    • no.63
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    • pp.9-41
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    • 2016
  • This paper focuses on 'clean(cheong: 淸)' kinds of style terminologies among various style terminologies appearing in Heo Gyun's Seongsushihwa("惺?詩話") and tries to analyze the distinctive points which 'clean(cheong: 淸)' kinds of style terminologies include. In Heo Gyun's Seongsushihwa, 11 of 'clean' kinds of style terminologies, such as "cheonggyeong(淸勁), cheonghryang(淸亮), cheongryeo(淸麗), cheongseom(淸贍), cheongso(淸?), cheongweol(淸越), cheongjang(淸壯), cheongjeol(淸絶), cheongjeol(淸切), cheongchang(淸?), cheongcho(淸楚)," were used. This paper focuses and analyzes 'cheonggyeong(淸勁)', 'cheongjeol(淸切)', 'cheongcho(淸楚)', and 'cheongweol(淸越)' that he suggested through applying to real literary pieces. The result of analysis indicates that 'clean' kinds of style terminologies 'cheonggyeong', 'cheongjeol', 'cheongcho', and 'cheongweol' share the same 1st character 'clean(淸)', yet have distinctive qualities by the 2nd characters. These 4 style terminologies all share 'cheong(淸)' image which means clear and clean, yet each one has the attribute of the 2nd character that indicates each one's individual characteristic. It is apparent that 'Cheonggyeong(淸勁)' reflects the 'gyeong(勁)' image meaning upright and solid and implies poems of poets' steadfast spirit within clear boundary; 'cheongjeol(淸切)' reflects the 'jeol(切)' image meaning either desperation and imminence or pitifulness and sorrow and implies poems of poets' urgent and pitiful emotions within clear and clean boundary; 'cheongcho(淸楚)' reflects the 'cho(楚)' image meaning either delicacy and fineness or slenderness and tenderness and implies poems of poets' beautiful but not luxurious, delicate and tender emotions within clear and clean boundary; and 'cheongweol(淸越)' reflects the image of 'weol(越)' meaning unworldliness and excellency and implies poems, within clear and clean boundary, of excellent appearance and mentality surpassing mundane world. Compared with the 1st character's attributes of the style terminologies which Heo Gyun used, the 2nd characters's attributes do not appear that vivid. Especially, in the case that the 2nd characters have similar meanings, it is not easy to clarify the categories. Indeed, in order to grasp clear and distinctive qualities of style terminologies, the kinds of them need to be initially categorized by the 1st characters, and then sorted by the 2nd characters. In this case, the contents which the 2nd characters of style terminologies indicate should be considered. It is because style terminologies explain both literary pieces' aesthetic qualities and writers' personalities, and because explanations about literary pieces' aesthetic qualities includes not only the conclusive poetic or semantic boundaries which literary pieces' created but also literary pieces' creation processes and expression techniques. Through the style terminologies with Heo Gyun used in Seongsushihwa, it can be aware that he evaluated poems focussing more on the conclusive semantic boundaries that poets' spirits and poems created than expression techniques or creation methods. The overall aspects Heo Gyun's such style criticism has will be checked out in more detail through further studies by examining more materials.

The Location and Landscape Composition of Yowol-pavilion Garden Interpreted from Tablet & Poetry (편액과 시문으로 본 요월정원림(邀月亭園林)의 입지 및 조영 해석)

  • Lee, Hyun-Woo;Kim, Sang-Wook;Ren, Qin-Hong
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.32 no.3
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    • pp.32-45
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    • 2014
  • The study attempts to interpret original location and landscape composition of Yowol-pavilion Garden under the premise that tablet and poetry are important criteria for inference of unique location and landscape composition of a pavilion garden. The study raises the meaning, status, and value of Yowol Pavilion Garden as a cultural asset. The results of the study are as follows. First, Yowol-pavilion Garden was a place where famous Confucius scholars in Joseon Dynasty in 16th Century, including Kim, Kyung-Woo, the owner of the garden, used to share the taste for the arts and poetries with their colleagues. Along with a main characteristic of Yowol Pavilion Garden as a hideout for the Confucius scholars who stayed away from a political turmoil, the new place characteristic of the garden, a bridgehead for the formation of regional identity, was discovered in the record of "Joseon-Hwanyeo-Seungram Honam-Eupji JangSeong-Eupji", As described in "The first creative poetry of Yowol-pavilion", the intention for the creation of Yowol-pavilion Garden and the motive for its landscape composition is interpreted as a space of rivalry where the world, reality and ideals are mixed up. Second, related to outstanding scenic factors and natural phenomena when taking a view from the pavilion, the name of the house 'Yowol', which means 'Greeting the moon rising on the Mt. Wolbong' is the provision of nature and taste for the arts, and is directly connected to the image of leaving the worldly. In other words, the name was identified to be the one that reflected the intention for landscape composition to follow the provision of nature separating from joy and sorrow of the mundane world. Third, as for the location, it was confirmed through "YeongGwang-Soksu-Yeoji-Seungram" that Yowol-pavilion Garden was a place where the person who made the pavilion prepared for relaxation after stepping down from a government post, and literature and various poetry show that it was also a place of outstanding scenic where Yellow-dragon River meandered facing Mt. Wolbong. Especially, according to an interview with a keeper, the visual perception frequency of the nightscape of Yowol-pavilion Garden is the highest when viewing by considering the east, the direction of Yellow-dragon River, as Suksigak[normal angle's view], towards Yowel-pavilion from the keeper's house. In addition, he said that the most beautiful landscape with high perception strength is when the moon came up from the left side of Yowol-pavilion, cuts across the Lagerstroemia india heal in front of Yowol-pavilion, and crosses the meridian between Mt. Wolbong peaks facing Yowol-pavilion. Currently, the exposure of Yowol-pavilion Garden is $SE\;141.2^{\circ}$, which is almost facing southeast. It is assumed that the exposure of Yowol-pavilion Garden was determined considering the optimized direction for appreciating the trace of the moon and the intention of securing the visibility as well as topographic conditions. Furthermore, it is presumed that the exposure of Yowol-pavilion Garden was determined so that the moon is reflected on the water of Yellow-dragon River and the moon and its reflection form a symmetry. Fourth, currently, Yowol-pavilion Garden is divided into 'inner garden sphere' composed of Yowol-pavilion, meeting place of the clan and administration building, and 'outer garden sphere' which is inclusive of entrance space, Crape Myrtle Community Garden and Pine Tree Forest in the back. Further, Yowol-pavilion Garden has been deteriorated as the edge was expanded to 'Small lake[Yong-so] and Gardens of aquatic plants sphere' and recently-created 'Yellow-dragon Pavilion and park sphere'. Fifth, at the time it was first made, Yowol-pavilion Garden was borderless gardens consisting of mountains and water taking a method of occupying a specific space of nearby nature centering around pavilion by embracing landscape viewed from the pavilion, but interpreted current complex landscapes are identified to be entirely different from landscapes of the original due to 'Different Changes', 'Fragmentation' and 'Apart piece' in many parts. Lastly, considering that Yowol-pavilion Garden belongs to the Cultural Properties Protection Zone, though not the restoration to the landscapes of the original described in tablet and literature record, at least taking a measure from the aspect of land use for minimizing adverse effect on landscape and visual damage is required.

The influence with buddhist music appearing in PanYeombul out of Ogu exorcism of East coast - focused on the song by Kim Janggil - (동해안 오구굿 중 판염불에 나타난 불교음악의 영향 - 김장길의 소리를 중심으로 -)

  • Seo, Jeong-mae
    • (The) Research of the performance art and culture
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    • no.34
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    • pp.277-313
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    • 2017
  • This study is to find out the correlation with buddhist music after analyzing the rhythm of six pieces of PanYeombul sung by Kim Janggil out of Ogu exorcism of East coast the findings summarized are as follows. First, PanYeombul by Kim Janggil, performed on Oct, 16, 2016, was composed of , , , , , , , , , , and . Still, even if PanYeombul is performed by the same male shaman, the composition can be added or left out depending on some circumstances, which means the procedures are flexible. Seeing that there is common component of in additoin to compared with Kimyongtaek, it can be said that the component of is an important part in PanYeombul of Ogu exorcism of East coast Second, is usually referred to 'SinmyojangguDaedalani' in buddhist ritual, While Kim yongtaek accepts this practice in title, Kim Janggil uses 'YeomhwajangguDaedalani' as the title which makes his song different from others. Yeomhwa means "picking up flowers with fingers" which has been used in buddhism, not in common Considering this fact, the conclusion can be reached that by using the term 'Daedalani' from a buddhist chant, but making differentiation from buddhism, Kim Janggil is making the effort to be different from buddhist rituals. give some unique meaning to shaman rituals. Third, PanYeombul of Ogu exorcism of East coast may be divided into two main parts - the former part is PanYeombul and the latter part is Jiokga. In performing PanYeombul, male shaman sits singing alone and playing Jing himself, on the other hand, in case of Jiokga, he stands singing a solo with gwaeggwari in his hand accompanied by other musicians with the rhythm of Samgongjaebi. As the song and the accompaniment are in the form of giving and taking like duet. it is in peak in terms of music. Accordingly, PanYeombul can be divided into PanYeombul and Jiokga, But since it is performed by one male shaman and sung a solo, it is usually seen as one procedure. Jing, which is a kind of accompaniment in PanYeombul by Kim Janggil, has the role to distinguish a phrase and settle the musical paragraph. When the buddhist chant with one word-one note is performed. it requires the performer to catch his or her breath or clear throat. Just then, Jing comes out for filling out the intervals. Also, its role to distinguish a phrase and settle the musical paragraph helps make it clear to deliver words. The rhythm of Jing is mostly made up of small triple time except equal small binary time, comes out with overwhelmingly more frequency of Sutsoe(♪♩) than Amsoe(♩♪), and often shows syncopation. By often using Off Beat or short-long rhythm even in accompaniment of equal small binary time, he tris to give some variation to monotonous and equal rhythm for the musical vitality. These are similar to Sutsoe rhythm which can evoke tension and Kim Janggil makes these things his characierisiic of rhythm. Fifth, all the pieces consist of mi, sol, la, do, re and the descending melody like do'${\searrow}$la${\searrow}$sol${\searrow}$mi appears most frequently. The descending melody usually arouses the feeling of sorrow, so the sadness for the deceased is presented properly, which suggests his musical talent. Generally, pieces take on Menari-tori as a whole where the length of sol appears for a short time in descending la${\searrow}$sol${\searrow}$mi of perfect four degrees. Sixth, Even he accepts the lines of buddhist chant, he changes them in some degree. For example, he inserted some words between lines like 'Wonwangsaeng' and 'NamuAmitabul' and added Korean words like hapsosa to the lines of buddhist service written in Chinese character. Also, he inserted some words like 'iiiiiii~' to express the feeling of sadness. These are to maximize the desire of the deceased to go to the heaven and at the same time to diminish the sign of buddhism and strengthen the features of shamanism. Seventh, the effort to decrease the sign of buddhism is made in pasting lines of two songs. For example, Between the last words 'Wonsuaenapsu of Dage and the first words 'Jisimgwimyeongrye' of Chiljeongrye, there is usually a short pause to distinguish paragraphs, But he continues two songs without any pause to get rid of the feelings of buddhist chant. In terms of melody, he makes a distance from buddhist chant in an effort that he gives some traits to shaman rituals which are different from buddhist even if he uses the lines of buddhist rituals. Eighth, the analyzed pieces can be in four categories - no regular melody , , equal small binary time , eotmori melody of ten eighth time with 3+2+3+2 mixed small time . and Samgongjaebi melody 3+2+3 mixed small time . Each piece has its unique melody. Although of buddhist ritual is often performed, by using eotmori melody, he evokes the feeling of shaman and is another example of giving unique characteristic to the shaman of East coast by using Samgongjaebi melody.

Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.9-39
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    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

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