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Intentionality Judgement in the Criminal Case: The Role of Moral Character (형사사건에서의 고의성 판단: 도덕적 특성의 역할)

  • Choi, Seung-Hyuk;Hur, Taekyun
    • Korean Journal of Culture and Social Issue
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    • v.26 no.1
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    • pp.25-45
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    • 2020
  • Intentionality judgement in criminal cases is a core area of fact finding that is root of guilty and sentencing judgment on the defendant. However, the third party is not sure the intentionality because it reflects subjective aspect of agent. Thus, mechanism behind intentionality judgment is an important factor to be properly understood by the academia and the criminal justice system. However, previous studies regarding intentionality judgment models have shown inconsistent results. Mental-state models proposed foreseeability(belief) and desire of agent at the time of the offence as key factors in intentionality judgment. These factors consistent with central things on intentionality judgment in criminal law. However, key factors in moral-evaluation models are blameworthiness of agent and badness of outcome reflected on the consequent aspect of act. Recently, deep-self concordance model emerged suggesting important factors on intentionality judgment are not mental states and moral evaluations but individual's deep-self. However, these models are limited in that they do not consider the important features of criminal cases, that the consequence of the case is inevitably negative, and therefore the actor who is a party to legal punishment rarely expresses his or her mental state at the time of the act. Therefore, this study suggests that, based on the existing intentionality judgment studies and the characteristics of the criminal case, the inference about who the agent was originally will play a key role in judging the intentionality in the criminal case. This is the moral-character model. Futhermore, In this regard, this study discussed what the media and criminal justice institutions should keep in mind and the directions for future research.

The Counter-memory and a Historical Discourse of Reproduced Records in the Apartheid Period : Focusing on 『Rise and Fall of Apartheid: Photography and the Bureaucracy of Everyday Life』 (아파르트헤이트 시기의 대항기억과 재생산된 기록의 역사 담론 전시 『Rise and Fall of Apartheid : Photography and the Bureaucracy of Everyday Life』를 중심으로)

  • Lee, Hye-Rin
    • The Korean Journal of Archival Studies
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    • no.74
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    • pp.45-78
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    • 2022
  • South Africa implemented apartheid from 1948 to 1994. The main content of this policy was to classify races such as whites, Indians, mixed-race people, and blacks, and to limit all social activities, including residence, personal property ownership, and economic activities, depending on the class. All races except white people were discriminated against and suppressed for having different skin colors. South African citizens resisted the government's indiscriminate violence, and public opinion criticizing them expanded beyond the local community to various parts of the world. One of the things that made this possible was photographs detailing the scene of the violence. Foreign journalists who captured popular oppression as well as photographers from South Africa were immersed in recording the lives of those who were marginalized and suffered on an individual level. If they had not been willing to inform the reality and did not actually record it as a photo, many people would not have known the horrors of the situation caused by racial discrimination. Therefore, this paper focuses on Rise and Fall of Apartheid: Photography and the Bureau of Everyday Life, which captures various aspects of apartheid and displays related records, and examines the aspects of racism committed in South Africa described in the photo. The exhibition covers the period from 1948 when apartheid began until 1995, when Nelson Mandela was elected president and the Truth and Reconciliation Commission was launched to correct the wrong view of history. Many of the photos on display were taken by Peter Magubane, Ian Berry, David Goldblatt, and Santu Mofoken, a collection of museums, art galleries and media, including various archives. The photographs on display are primarily the work of photographers. It is both a photographic work and a media that proves South Africa's past since the 1960s, but it has been mainly dealt with in the field of photography and art history rather than from a historical or archival point of view. However, the photos have characteristics as records, and the contextual information contained in them is characterized by being able to look back on history from various perspectives. Therefore, it is very important to expand in the previously studied area to examine the time from various perspectives and interpret it anew. The photographs presented in the exhibition prove and describe events and people that are not included in South Africa's official records. This is significant in that it incorporates socially marginalized people and events into historical gaps through ordinary people's memories and personal records, and is reproduced in various media to strengthen and spread the context of record production.

Applying the Theory of Affordance to the Design of Water Purification Facilities : Focusing on the Case of Binh Dinh in Vietnam (정수시설 설계에 대한 어포던스 이론 적용 연구: 베트남 빈딘 사례를 중심으로)

  • Park, Hye-Rin;Hwang, Yeo-Kyeong;Kim, Seul-Gi;Lee, Jun-Min;Hwang, Jun-Seok
    • Journal of Appropriate Technology
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    • v.6 no.1
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    • pp.28-36
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    • 2020
  • Sustainable appropriate technology requires user-centered design with consideration of the political, cultural and environmental aspects of the area. However, in the preparation of appropriate technology, there is a limit to the prior grasp of the user's intention and experience leading to the actual behavior of the user after the dissemination. As a result, appropriate technologies are often inconvenient for practical use or used for other purposes, contrary to the designer's intention. This study analyzes the case of appropriate technology with an analysis framework that reflects Maier's affordance theory, and proposes a design solution that can overcome the limitations of existing design. Affordance theory is the theory of factors that cause the user to identify and use features through interpretation based on prior knowledge and experience about things. The analysis cases in this study are the interviews with the designers, management education materials, and manager interviews for water purification systems at three of six schools in Binh Dinh Province, Vietnam, from August 2015 to January 2018. The case was attempted to be improved by periodic installation, maintenance, and inspection, but similar problems continued to occur. First, the facility inspections and manager interviews are compared with manager training materials distributed at the time of installation to find inconsistencies. Next, we analyze the designer's intended affordance and the affordances that actually influenced the management behavior. And then, we propose design solutions based on commonly found problems and affordances. This study suggests that it is necessary to apply the design considering the user's behavior before distributing the appropriate technology, and this study will be precedent in the process of finding the improvement through the analysis framework based on the affordance.

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 Study on Gyeokguk and Sangshin (격국과 상신에 대한 소고)

  • Hwangbo, Kwan
    • Industry Promotion Research
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    • v.7 no.3
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    • pp.115-124
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    • 2022
  • The most difficult things, when we study the future-telling science of human destiny, are in case of what one's individual's fate is bad which is shown by Saju-Palza(四柱八字), In that case, we have faced the problems on how we live ; to follow or to deny our fate under the brief of improving our lives by trying to make hard efforts, regardless of the bad Saju-Palza(四柱八字). However, we can hardly find the clear answer to those questions. 『Liao Fan 4 lessons(了凡四訓)』 shows that one's destiny can be improved by accumulating good deeds despite of the bad Saju-Palza(四柱八字). Someone says that future can be created, not be foreseen. As well, Dr. Steven Coby says that the best definite way to forecast future is in creating the future. Anyhow, the strong desire and curiosity to know one's individual's future is having been lasted until now since the Genesis. we guess these desires may be one of our basic instinct. If then, the function and role of the future-telling science will be to increase the accuracy of future prediction, whether our fate has been fixed or been able to be changeable. Therefore, this study summarizes the definition of confusing terms, focusing on Gyeokguk(格局) and Sangshin(相神), the core of Myeongrihak(命理學), which is considered to be one of the most popular future-telling science. Concering Gyeok(格), in this paper, Nae-Gyeok(內格) has been mainly considered and Oi-Gyeok(外格) or Special-Gyeok(別格) have not been addressed. Specifically, it summarized the views of the classical Myeongri(命理) books and modern scholars on Gyeokguk(格局) and Yongshin(用神). In particular, it also summarized the comparison of various concepts of Gyeokguk(格局), the advantages and disadvantages of each Nae-Gyeok(內格)'s characteristic, the determination order of Nae-Gyeok(內格) and the good case and bad case of it's Gyeok(格). In addition, it was necessary to summarize the concept of Sangshin(相神), which was talked about in 『Japyeongjinjeon』 and to briefly summarize Heeshin(喜神) with a broader concept than Sangshin(相神). The different usage of Sangshin(相神) was also analyzed, between the priority interpretation of Cheongan(天干) in Day-Column(日柱) and the interpretation based on Jijee(地支) in Month-Column(月柱). Finally, this paper was completed, leaving it later as a research task, the confusion that comes from the scholars' acceptance of the comprehensive diversity on the same term.

Re-examining the Concept of 'Seeking Out the Original Root (原始返本)' as an Example of Religious Language (종교언어로서의 '원시반본(原始返本)' 개념 재검토)

  • Cha, Seon-keun
    • Journal of the Daesoon Academy of Sciences
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    • v.29
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    • pp.171-207
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    • 2017
  • The research regarding religious concepts used in Daesoon Jinrihoe are still incomplete. This study is a suggestion to critically review the existing research on 'seeking out the original root (原始返本)', one of the religious terms of Daesoon Jinrihoe. In addition, this concept will be seen from a new perspective. 'Seeking out the original root' plays a major role in Daesoon theology due to the cosmology established by Daesoon Jinrihoe. However, the existing research on this topic are prone to the perspective of 'returning' and assuming a 'cyclical view on the order of history'. Therefore, the cosmology that has been built by the religious language misleads readers to assume a retrospective process or that the process itself is realized on its own in accordance with the cosmic order. These kinds of studies do not specifically manifest the world view of Daesoon Jinrihoe. They fail to do so because Sangje's reordering works and its fruit, the earthly paradise of the Later World, have never existed before. The concept of 'seeking out the original root' should break away from the frame of a cyclical view of history and exert the uniqueness of Daesoon Jinrihoe. In this regard, this study can be summarized as follows: 'Seeking out the original root', one of the principles needed to achieve the re-creation of the Later World, endeavors to find a way to account for the origin of all things such as civilizations, cultures, and dharmas. If such a way is found, the facts between the root and the beginning should be acknowledged, as the root itself is what has been sustained, succeeded, used, resolved, revised, and rectified. The origin is usually dealt with from the position of rewarding. This was all achieved in Sangje's decisions and his reordering works. Its outcome will be utilized as a basis to establish an earthly paradise in the Later World. This concept, as defined above, excludes a cyclical view of history and implies that the concept of 'seeking out the original root' is a flexible frame within the context of dynamic structuralism. Given the style of this approach, this study provides a view which can be easily differentiated from existing research.

A Comparative Study on Theories of the Nature of the Mind in Confucianism and in Daesoon Jinrihoe (유교와 대순진리회의 심성론(心性論) 비교 연구)

  • Yoon, Yong-bok
    • Journal of the Daesoon Academy of Sciences
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    • v.32
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    • pp.1-28
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    • 2019
  • Theories on the nature of the mind aim to accurately describe the nature of the human mind. In other words, these theories are meant to discover what the human mind ultimately is and what its nature is. In this study, I try to understand the theory of the nature of the mind in Daesoon Jinrihoe in connection to similar theories in Confucianism. Like in Confucianism, the issue of mind is an important subject in Daesoon Jinrihoe. The concept of 'mind' as presented in 'The Jeon-Gyeong' is connected to gods. But in 'The Jeon-Gyeong,' there is no premise that the mind is good or evil. It suggests that the mind is the center of humanity and the universe and that all things depend on the mind. Therefore it is understood that good and evil are revealed according to the actions of the mind. Conscience (良心) and self-interest (私心) are mentioned in 'Essentials of Daesoon Jinrihoe'. If conscience is understood as benevolence (仁) as spoken of by Confucius, or as Moral Knowledge in Mencius's usage, more advanced discussion can be made. If looked upon in that way, one can conclude that conscience is the nature of the mind and thereby, the nature of humans and their minds is good. Discussions on the nature of the mind can also be explained in relation to the concept of 'a Singularly-focused Mind (一心)', which was frequently emphasized by Jeungsan. The two mindsets of conscience and self-interest are mentioned, but the original mind is only conscience which exists as the nature of heaven (天性). Self-interest is nothing but an illusion. As Zhu Xi explained that even if a saint (聖人) thought of utterly nothing, he would became a madman, and therefore people should look closely and realize that self-interest is nothing but a delusion. Accordingly, when returning to one's conscience, the orignal state of a singularly-focused mind, it becomes the sort of Singularly-focused Mind that Jeungsan emphasized. In other words, self-interest is a form of greed that is born out of worldly desires.

Views on Life and Humanity in Daesoon Thought (대순사상의 생명관과 인생관)

  • Choi, Chi-bong
    • Journal of the Daesoon Academy of Sciences
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    • v.33
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    • pp.319-349
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    • 2019
  • This study aims to elucidate the origin and yield of life and its characteristics and purpose in Daesoon Thought. Thereby, Taegeuk (the Great Ultimate) and Sangje (the Supreme God) have been deemed the source and ontology of life. The structure of each living creature is explained through reason (理), energy (氣) and spirit (神). In addition, through vital reason and living energy, the purpose of life makes the realization of the benevolent characteristics of life possible through the mind of Sangje. This line of research is unique among currently available research views of life as it perceives the spirit to be an ontological entity with functions and interactive engagement. By way of contrast, prior research suggests that spirit is life itself and includes it in the category of life and death. The Daesoon view of life is unique in that it is somewhat influenced by ontology and developmental theories from Confucianism, yet the concept of divine beings suggests a humanistic Sangje, who presides over the Great Ultimate. The realization of reason in this model is rather thought-provoking. Humans, just like other living things, are born with vital essence and function and interact as a main source to preside over the innate spirits inside themselves. Humans take responsibility for a certain sphere in the Three Realms that make up the world. They are also recognized as a significant feature in the world. Such an idea in Daesoon Thought depicts that 'the enshrinement of spirit into human being (神封於人),' follows Heaven and Earth. This is done to rectify humans in order to meet the needs of the universe and ultimately establish the era of the enshrinement of spirits into human beings. As for humanity, this possibility exists because of the spirits contained within their inner-selves. When cultivating oneself, humans and outer spirits actively interact with each other. This is likely to cause changes in a human's constitution and characteristics. In the end, one can be enshrined with corresponding divine beings according to one's degree of cultivation. Humans are born through the command of Sangje and the accomplishments of their ancestors as well as the energy of the universe. Present day humans encounter the era of human nobility and the era of humankind's divine salvation. Thereby, the purpose of human life is to contribute to the universe. To achieve this goal, the most important thing is to wholly realize that one's nature and reason were endowed by Heaven, which emerged from virtuous conduct in society. This is also akin to the movement of reason in Jeungsanist Thought. Sangsaeng (mutual beneficence) among oneself and others and between human beings and divine beings can be completed through the resolution of grievances for mutual beneficence and the grateful reciprocation of favors for mutual beneficence. If one accomplishes the perfected state of one's own nature and reveals it wholly, then one will be fully able to interact with spirits and reach the state of the human nobility.

Ecological Network on Benthic Diatom in Estuary Environment by Bayesian Belief Network Modelling (베이지안 모델을 이용한 하구수생태계 부착돌말류의 생태 네트워크)

  • Kim, Keonhee;Park, Chaehong;Kim, Seung-hee;Won, Doo-Hee;Lee, Kyung-Lak;Jeon, Jiyoung
    • Korean Journal of Ecology and Environment
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    • v.55 no.1
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    • pp.60-75
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    • 2022
  • The Bayesian algorithm model is a model algorithm that calculates probabilities based on input data and is mainly used for complex disasters, water quality management, the ecological structure between living things or living-non-living factors. In this study, we analyzed the main factors affected Korean Estuary Trophic Diatom Index (KETDI) change based on the Bayesian network analysis using the diatom community and physicochemical factors in the domestic estuarine aquatic ecosystem. For Bayesian analysis, estuarine diatom habitat data and estuarine aquatic diatom health (2008~2019) data were used. Data were classified into habitat, physical, chemical, and biological factors. Each data was input to the Bayesian network model (GeNIE model) and performed estuary aquatic network analysis along with the nationwide and each coast. From 2008 to 2019, a total of 625 taxa of diatoms were identified, consisting of 2 orders, 5 suborders, 18 families, 141 genera, 595 species, 29 varieties, and 1 species. Nitzschia inconspicua had the highest cumulative cell density, followed by Nitzschia palea, Pseudostaurosira elliptica and Achnanthidium minutissimum. As a result of analyzing the ecological network of diatom health assessment in the estuary ecosystem using the Bayesian network model, the biological factor was the most sensitive factor influencing the health assessment score was. In contrast, the habitat and physicochemical factors had relatively low sensitivity. The most sensitive taxa of diatoms to the assessment of estuarine aquatic health were Nitzschia inconspicua, N. fonticola, Achnanthes convergens, and Pseudostaurosira elliptica. In addition, the ratio of industrial area and cattle shed near the habitat was sensitively linked to the health assessment. The major taxa sensitive to diatom health evaluation differed according to coast. Bayesian network analysis was useful to identify major variables including diatom taxa affecting aquatic health even in complex ecological structures such as estuary ecosystems. In addition, it is possible to identify the restoration target accurately when restoring the consequently damaged estuary aquatic ecosystem.

A Study on the Relationship between the Heritagization Process and Local Community in Gyeongju, a World Heritage City (세계유산도시 경주의 유산화 과정과 지역공동체의 관계에 관한 연구)

  • HAM Yerim;KIM Euiyeon
    • Korean Journal of Heritage: History & Science
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    • v.56 no.1
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    • pp.226-256
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    • 2023
  • Gyeongju has been the capital of Silla Kingdom for about 1,000 years, and many cultural heritages of the Silla period, such as the Wolseong Palace Site, Daereungwon Ancient Tomb Complex and Donggung Palace and Wolji Pond, are located in the city. Due to these characteristics, the process of heritagization has been carried out in Gyeongju from the Japanese colonial era to after liberation. Heritagization means selecting things from the past due to the needs of the present and making them heritages. In the case of South Korea, national government-led heritagization was achieved during the Japanese colonial period, and after liberation because of the restoration of national culture and the construction of a national identity. Gyeongju is a representative example. On the other hand, Gyeongju's heritagization process was carried out with little consideration of the local community, and thus the local community and Gyeongju's heritage have been distancing. In 2002, Gyeongju's heritage sites were nominated as World Heritage Sites. With the nomination, the perception of the role of local communities in heritage has been changed, and institutional mechanisms to promote the participation of local communities have been continuously reorganized. However, Gyeongju's heritagization process, which was thoroughly conducted through the central government and expert groups, was the reason why Gyeongju residents actually thought Gyeongju's heritage and the locality of Gyeongju were formed through the central government and expert groups. This has been the result of Gyeongju residents' passive participation in heritagization or heritage management to date. This study analyzed the heritagization process of Gyeongju through literature research and conducted an interview survey of residents who have lived in Gyeongju for a long time to understand the impact of the institutional heritagization process on residents and the relationship with heritage. Based on the analysis results, it was suggested that local residents and communities could take the initiative in managing the heritage of Gyeongju.