Study on the Painting of Gyeongwoo-gung Shrine (景祐宮圖) (국립문화재연구소 소장 '경우궁도(景祐宮圖)'에 관한 연구)
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- Korean Journal of Heritage: History & Science
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- v.44 no.1
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- pp.196-221
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- 2011
The Royal Private Shrines or the Samyo(私廟), were dedicated to members of Choseon's royal family who could not be enshrined at the (official) Royal Ancestral Shrine, the Jongmyo(宗廟). The Samyo were constructed at the national level and were systematically managed as such. Because these private Shrines were dedicated to those who couldn't belong to the Jongmyo but were still very important, such as the ruling king's biological father or mother. The details of all royal constructions were included in the State Event Manuals, and with them, the two-dimensional layouts of the Samyo also. From the remaining "Hyunsa-gung Private Tomb Construction Layout Record(顯思宮別廟營建都監儀軌)" of 1824, which is the construction record of Gyeongwoo-gung Shrine(景祐宮) dedicated to Subin, the mother of King Sunjo(純祖), it became possible to investigate the so far unknown "The Painting of Gyeongwoo-gung Shrine", in terms of the year produced, materials used and other situational contexts. The investigation revealed that the "The Painting of Gyeongwoo-gung Shrine" is actually the "Hyunsa-gung Private Tomb Layout" produced by the Royal Construction Bureau. The bureau painted this to build Hyunsa-gung Private Shrine in a separately prepared site outside the court in 1824, according to the royal verdict to close down and move the temporary shrine inside the courtyard dedicated to Subin who had passed away in 1822. As the Construction Bureau must have also produced the Gyeongwoo-gung Shrine Layout, the painter(s) of this layout should exist among the official artists listed in the State Event Manual, but sadly, as their paintings have not survived to this day, we cannot compare their painting styles. The biggest stylistic character of the Painting of Gyeongwoo-gung Shrine is its perfect diagonal composition method and detailed and neat portrayalof the many palace buildings, just as seen in Donggwoldo(東闕圖, Painting of a panoramic view for Changdeokgung and Changgyeonggung Palaces). A well-perceiving architectural painting employs a specific point of view chosen to fit the purpose of the painting, or it can opt to the multi-viewpoint. Korean traditional architectural paintings in early ages utilized the diagonal composition method, the bird-eye viewpoint, or the multi-viewpoint. By the 18th century, detailed but also artistic architectural paintings utilizing the diagonal method are observed. In the early 19th century, the peak of such techniques is exhibited in Donggwoldo(Painting of a panoramic view for Changdeokgung and Changgyeonggung Palaces). From the perfect diagonal composition method employed and the details of the palace buildings numbering almost two hundreds, we can determine that the Painting of Gyeongwoo-gung Shrine also belongs to the same category of the highly technical architectural paintings as Donggwoldo(Painting of a panoramic view for Changdeokgung and Changgyeonggung Palaces). We can also confirm this hypothesis by comparing the painting techniques employed in these two paintings in detailthe way trees and houses are depicted, and the way ground texture is expressed, etc. The unique characteristic of the Painting of Gyeongwoo-gung Shrine is, however, that the area surrounding the central shrine building(正堂), the most important area of the shrine, is drawn using not the diagonal method but the bird-eye viewpoint with the buildings lying flat on both the left and right sides, just as seen in the "Buildings Below the Central Shrine(正堂以下諸處)" in the State Event Manual's Painting Method section. The same viewpoint method is discovered in some other concurrent paintings of common residential buildings, so it is not certain that this particular viewpoint had been a distinctive feature for shrine paintings in general. On the other hand, when the diagonalmethod pointing to the left direction is chosen, the top-left and bottom-right sections of the painting become inevitably empty. This has been the case for the Painting of Gyeongwoo-gung Shrine, but in contrast, Donggwoldo shows perfect screen composition with these empty margins filled up with different types of trees and other objects. Such difference is consistent with the different situational contexts of these two paintings: the Painting of Gyeongwoo-gung Shrine is a simple single-sheet painting, while Donggwoldo is a perfected work of painting book given an official title. Therefore, if Donggwoldo was produced to fulfill the role of depiction and documentation as well as the aesthetic purpose, contrastingly, the Painting of Gyeongwoo-gung Shrine only served the purpose of copying the circumstances of the architecture and projecting them onto the painting.
This study examines, based on the database of the Institute for the Translation of Korean Classics(ITKC), the garden plants and their symbolism, and the landscape culture recorded in 'Jipkyungjaeyoungsi(the Series of Poems on Gardens Poetry)' in relevance to traditional houses. First, Jipkyungjaeyoungsi had been continuously written since mid-Goryeo dynasty, when it was first brought in, until the late Joseon dynasty. It was mainly enjoyed by the upper class who chose the path of civil servants. 33 pieces of Jaeyoungsi(題詠詩) in 25 books out of a total of 165 books are related to residential gardens. The first person who wrote a poem in relation to this is believed to be Lee GyuBo(1168~1241) in the late Goryeo dynasty. He is believed to be the first person to contribute to the expansion of natural materials and the variation of entertainment in landscape culture with such books as 'Toesikjaepalyoung(退食齋八詠)', 'Gabeunjeungyukyoung(家盆中六詠)'and 'Gapoyukyoung(家圃六詠)'. Second, most of the poems used the names of the guesthouses. Out of the 33 sections, 19(57.5%) used 8 yeong(詠), then it was in the sequence of 4 yeong(詠), 6 yeong, 10 yeong, 14 yeong, 15 yeong, 16 yeong, 36 yeong(詠) and so on. In the poem writing, it appears to break the patterns of Sosangpalkyung(瀟湘八景) type of writings and is differentiated by (1) focusing on the independent title of the scenery, (2) combining the names of the place and landscape, (3) focusing on the name of the landscape. Third, the subtitles were derived from (1) mostly natural landscape focused on nature and garden plants(22 sections, 66.7%), (2) cultural landscape focused on landscape facilities such as guesthouses, ponds and pavilions(3 sections), (3) complex cultural scenery focused on the activities of people in nature(8 sections). Residents enjoy not only their aesthetic preferences and actual view, but the ideation of the scenery. Especially, they display attachment to and preference for vegetables and herbs, which had been neglected. Fourth, the percentage of deciduous tree population(17 species) rated higher(80.9%) compared to the evergreens(4 species). These aspects are similar results with the listed rate in 'Imwonkyungjaeji(林園經濟志)' by Seo YuGu [evergreen 18 species(21.2%) and deciduous trees 67 species(78.8%)] and precedent researches [Byun WooHyuk(1976), Jung DongOh(1977), Lee Sun(2006)]. Fifth, the frequency of the occurrence of garden plants were plum blossoms(14 times), bamboos(14 times), pine trees(11 times), lotus(11 times), chrysanthemum(10 times), willows(5 times), pomegranates(4 times), maple trees(14 times), royal foxglove trees, common crapemyrtle, chestnut trees, peony, plantains, reeds and a cockscombs(2 times). Thus, the frequency were higher with symbolic plants in relations to (1) Confucian norms(pine trees, oriental arbor vitae, plum blossoms, chrysanthemums, bamboos and lotus), (2) living philosophy of sustain-ability(chrysanthemum, willow), (3) the ideology of seclusion and seeking peace of mind(royal foxglove ree, bamboo). Sixth, it was possible to trace plants in the courtyard and outer garden, vegetable and herb garden. Many symbolic plants were introduced in the courtyard, and it became cultural landscape beyond aesthetic taste. In the vegetable and herb garden, vegetables, fruits and medicinal plants are apparently introduced for epigenetic use. The plants that were displayed to be observed and enjoyed were the sweet flag, pomegranate, daphne odora, chrysanthemum, bamboo, lotus and plum blossom. Seventh, it was possible to understand garden culture related to landscaping materials through poetic words such as pavilions, ponds, stream, flower pot, oddly shaped stones, backyard, orchard, herb garden, flower bed, chrysanthemum fence, boating, fishing, passing the glass around, feet bathing, flower blossom, forest of apricot trees, peach blossoms, stroking the pine tree, plum flower blossoming through the snow and frosted chrysanthemum.
Jangkei(狀啓) made to the Royal Court by Yi Sun-sin during the Japanese invasions of Korea is handed down under the names of Jangcho(狀草), Keicho(啓草), Keibon(啓本) and others depending on copying patterns of those times and later times as it was copied out by a third person. In particular, "YimjinJangcho(壬辰狀草)" which Yi drew up during his service as the director of the naval forces in Jeolla Jwasooyeong is known as the most popular Jangkei. "ChungMinKongKeicho" which has been re-located recently after loss is a national treasure level cultural property as valuable as "YimjinJangcho" and should be treated as a model of Yi Sun-sin's other Jangkeis by next generations. As of now, however it is not confirmed if it is a totally new book related to Yi Sun-sin or is supplementary to the lost Jangkei, this study decided to ascertain relevant information through a bibliographic discussion on the question. "Chungmin(忠愍)" was the title that was used after the death of Yi Sun-sin, and "ChungMinKongKeicho" was completed when Jangkei was copied in 1662. 12 books that would not be found in YimjinJangcho are included in the book and such books are also present in the Jangkei supplement which has been known lost so far. What should be especially focused on here is that the forms and contents of these (11) photographs that Japanese shot from "ChungMinKongKeicho" in 1928 turned out to be completely identical to those of the original copy. The point that Korean History Compilation Committee added the 12 books to Jangkei as referring to the book as "One Keicho(啓草) partially copied(抄寫) in separation" and that Cho Sung-do categorized the 12 books into a supplement and others can be solid proofs to make the Jangkei supplement called "ChungMinKongKeicho". In terms of "ChungMooKongKeicho", since it consists of 62 books in total, it is not reasonable to see the book as Jangkei supplement which has the extra 12 more books for itself. "ChungMooKongKeibon" in "ChungMooKongYusa" was written with a total of 16 books. In the body, Yidumun is only clearly present, and the three books in the later part are same with the original copy of "ChungMooKongKeicho". "YimjinJangcho" by Korean History Compilation Committee has been the only book in which Yidumun was observed so far but now, it is assumed that the publication date of "ChungMooKongKeibon" goes before that of the former. The counterargument to the opinion that "ChungMinKongKeicho" is the supplement to Jangkei is based on Lee Eun-sang's comment "One page of a log in the Jangkei copy supplement." At first Seol Ui-sik introduced a piece photo of the rough draft of "MoosulIlki" in a drawing form through "Nanjung Ilkicho by Yi Sun-sin" in 1953. Lee Eun-sang also added two pages of the handwritten Yilkicho in the Jangkeichobon supplement to "MoosulIlki" and for the second time, the phrase "One page of a log written during the last 10 days after the Jangkei copy supplement" and "Supplement" were used. Those views are originated from the comment "One photograph of the rough draft of "MoosulIlki"" which Seol Ui-sik introduced without knowledge of the exact source. Lee Eun-sang said, "One page of a log in the Jangkei copy supplement" because Lee mistook "ChungMooKongYusa" for a book related to Jangkei. Since it is the wrong argument different from the actual situation of the original copy, if it has to be corrected, it should be rephrased "One page of a log in ChungMooKongYusa." After all, the source of the counterargument is the mistake because there has never been the Jangkei supplement with one page of a log included. All the Jangkeis other than "YimjinJangcho" can be said as the Jangkei supplements but still, they are separated from the other Jangkeis for the extra 12 more books are present in the commonly-called Jangkei supplement. Due to that reason, the argument on how "ChungMinKongKeicho" with the 12 books added is the popular Jangkei supplement should be considered more reasonable.
During the Japanese colonial era, traditional music performances were gradually diminishing and weakening in the particular condition of colonization. Meanwhile, from the time of enlightenment, Western genre performances were becoming vitalized with the influence of Western civilization that began to be spread steadily throughout the society. In that situation, traditional music performances tended to be mixed performances accompanied by Western ones, not independent performances. Mostly, they were accompanied by Western music, and also, they were performed along with other genres like plays, lectures, movies, dances, or magic, too. Such form of mixed performances accompanied by Western genres became even more vitalized in the 1920's and came to be positioned as a form of traditional music performances. Therefore, research on the forms of mixed performances between Western genres and traditional music is meaningful in examining the forms of traditional music performances that have not been studied in the history of Korean modern music and understanding the trends of traditional music performances which were generally found in the Japanese colonial era. However, such research has hardly been conducted concretely yet. Accordingly, concerning the forms of mixed performances between Western genres and traditional music in the 1920's, this author considered the background of vitalizing mixed performances between Western genres and traditional music mainly with newspaper articles of the time and their formal characteristics. Regarding the background of vitalizing the forms of mixed performances between Western genres and traditional music, from the 1920's, the forms of mixed performances between Western genres and traditional music became more vitalized than before. The causes of that may include the increase of groups hosting or sponsoring such performances from the 1920's and also the dramatic increase of such performances in general. Moreover, the increased performances were conducted in the forms of mixed performances mainly in order to satisfy the people's needs becoming diversified with the distribution of Western civilization. Concerning the formal characteristics of mixed performances between Western genres and traditional music, this researcher classified western genres performed with traditional music and examined what characteristics were found in such mixed performances of tradition music by the types of Western genres respectively. First, in the mixed performances type of western-type genre and traditional music, the number of programs for the western music had significant portion in general, and there were certain ensemble of the western music and traditional musical instrument that was rare at this period of time, and it also had the characteristics of classifying two genres to perform for each title or date. Second, in the mixed performances type of the drama and traditional music, the traditional music is directly participated in the drama with the similar type to the theater, or performed independently from the drama with the role of interlude performance for the stage conversion of the drama to have the characteristics of performing in audience publicity or entertainment. Third, in the mixed performances type of the lecture and traditional music, the traditional music is played before or after the lecture to play the role to set the atmosphere and entertainment for the lecture as displaying the feature to perform for the audience attraction. And, fourth, in the mixed performances type of the movie and traditional music, the traditional music sometimes directly participated in the movie or had the features of independent performance, and there was a characteristic to perform for the entertainment after showing a movie.
The purpose of this article is to analyze the standings of working-level officials belonging to Jongbusi (Court of the Royal Clan) holding the rank of "jeong" and below between the 18th and mid-19th Century. Jongbusi, which was headed by a Grade-3 official, was in charge of the compilation of royal genealogy and supervision of royal relatives. During the late Joseon Period, its officials were composed of its chief, jeong, jubu (Grade-6 official), and jikjang (Grade-7 official). By 1864, it was incorporated into Jongchinbu (Office of the Royal Relatives). Jongbusi nangcheong seonsaengan (Register of Staff Officials at the Court of the Royal Clan), which is preserved at the Jangseogak Archives of the Academy of Korean Studies, lists the officials who served at the office between 1794 and its incorporation into Jongchinbu in 1864. The register also includes the officials' ranks, names, DOBs, family clans, their ranks in the offices they were transferred from, their ranks in the office they were transferred to, etc. Those interested view it as a precious relic that provides valuable information on the officialdom of the dynasty. A majority of the officials who served at Jongbusi were those who passed the higher civil service examination. Many of them at the level of jikjang were those who passed the licentiate examination. Their designation as an official was part of the "muneum" system, which granted official posts to descendants of those who accomplished a distinguished service for the country or served as a high-ranking official. They were those transferred from equal or lower positions in another office. Many of jubu-level officials of Jongbusi were those transferred from honorable and important posts of other offices or local administrative offices. Many of jikjang-level officials of Jongbusi were those who previously served as dosa (assistant officials) at Uigeumbu (Bureau of Crime Investigation) headed by a Grade-1 official. The officials' transfer to an office with a lower position like Jongbusi appears to have been for the provision of placing them in working-level positions rather than letting them remain in positions only carrying an honorary title. As for the transfer of officials of Jongbusi to other offices, many of those with the rank of jeong were transferred to lower positions. Supposedly it was because not many Grade-3 positions were vacant. Many of them were transferred to honorable and important posts. Some of them were also transferred to positions at local government offices, supposedly to avoid an excess of personnel at the central government. Those at the level of jubu or jikjang of Jongbusi were transferred to equal or higher posts in other offices. Particularly, most of those holding the position of jikjang (Grade-7) were transferred to higher posts. The family clan that produced the largest number (10%) of Jongbusi officials was the Jeonju Yi Clan, which produced the largest number of those who passed the higher civil service examination. It was also found that the top 20 family clans produced about half of the entirety of Jongbusi officials. According to the aforesaid Jongbusi nangcheong seonsaengan, about 90% of the cases of promotion of Jongbusi officials occurred after the revision of Seonwon boryak (Royal Genealogy of the Joseon Dynasty). It is speculated that the supervision of royal family members, one of the two leading functions assigned to Jongbusi, was suspended in the late Joseon Period. The relevant function does not appear even in chronicles pertaining to the Joseon Dynasty. The reason being had something to do with the sharp decrease in the number of royal family members during the reign of King Injo (r. 1623-1649). Their number was decreased to the extent that royal ceremonies could not be adequately carried out. Naturally, the meaning of supervising royal family members faded. Witnessing such a sorry state of the royal family, Heungseon Daewongun, King Gojong's father who served as the regent, incorporated Jongbusi into Jongchinbu in an effort to enhance the status and authority of the royal family.
'Cheonunjeongsa (天雲精舍)', designated as Gyeongsangbukdo Folklore Cultural Property No. 76, is a Siksanjeongsa built in 1700 by Manbu Lee Shiksan. In this study, we investigate the life and perspective of Manbu Lee in relation to Siksanjeongsa, and estimate the feng shui location, territoriality, and original landscape by analyzing 「Nuhangnok」 and 「Nuhando」, the results of his political management. The following results were derived by examining the philosophy that the scholar wanted to include in his space. First, Manbu Lee Shiksan was a representative hermit-type confucian scholar in the late Joseon Dynasty. 'Siksan', the name of the government official and the nickname of Manbu Lee, is derived from the mountain behind the village, and he wanted to rest in the four areas of thought(思), body(躬), speech(言), and friendship(交). During the difficult years of King Sukjong, Lee Manbu of a Namin family expressed his will to seclude through the title 'Siksan'. Second, There is a high possibility of restoration close to the original. Manbu Lee recorded the location of Siksanjeongsa, spatial structure, buildings and landscape facilities, trees, surrounding landscape, and usage behaviors in 「Nuhangnok」, and left a book of 《Nuhangdo》. Third, Manbu Lee refers to the feng shui geography view that Oenogok is closed in two when viewed from the outside, but is cozy and deep and can be seen from a far when entering inside. The whole village of Nogok was called Siksanjeongsa, which means through the name. It can be seen that the area was formed and expanded. Fourth, the spatial composition of Siksanjeongsa can be divided into a banquet space, an education space, a support space, a rest space, a vegetable and an herbal garden. The banquet space composed of Dang, Lu, and Yeonji is a personal space where Manbu Lee, who thinks about the unity of the heavenly people, the virtue of the gentleman, and humanity, is a place for lectures and a place to live. Fifth, Yangjeongjae area is an educational space, and Yangjeongjae is a name taken from the main character Monggwa, and it is a name that prayed for young students to grow brightly and academically. Sixth, the support space composed of Ganjijeong, Gobandae, and Sehandan is a place where the forested areas in the innermost part of Siksanjeongsa are cleared and a small pavilion is built using natural standing stones and pine trees as a folding screen. The virtue and grace of stopping. It contains the meaning of leisure and the wisdom of a gentleman. Seventh, outside the wall of Siksanjeongsa, across the eastern stream, an altar was built in a place with many old trees, called Yeonggwisa, and a place of rest was made by piling up an oddly shaped stone and planting flowers. Eighth, Manbu Lee, who knew the effects of vegetables and medicinal herbs in detail like the scholars of the Joseon Dynasty, cultivated a vegetable garden and an herbal garden in Jeongsa. Ninth, it can be seen that Lee Manbu realized the Neo-Confucian utopia in his political life by giving meaning to each space of Siksanjeongsa by naming buildings and landscaping facilities and planting them according to ancient events.
The Tomb of Jang Mui located in Bongsan-gun, Hwanghae-do Province has attracted much attention since its first investigation due to the inscribed bricks found there that have allowed the guessing of the name and official title of its occupant and construction date. Inscriptions on these bricks, such as the "Prefect of Daebang Commandery Jang Mui" and the "Mu" (戊, the fifth sign of the Chinese calendar), and "Sin" (申, the ninth sign of the Chinese zodiac), have become the basis for believing the location of the government office of Daebang Commandery to be in Bongsangun, Hwanghae-do Province rather than somewhere in the Hangang River region. From the early days of its investigation, the tomb was suggested as historic remains of the Daebang Commandery along with the Earthen Fortress in Jitap-ri. Inscribed bricks excavated from the Tomb of Jang Mui were featured in several books and articles in the form of photographs and rubbings, leading to a vast body of studies on its construction period and the characteristics of its occupant that drew upon interpretations of the inscriptions. However, the inscribed bricks themselves were not publicly available outside those held in the collection of the University of Tokyo, making it difficult to expect consistent research findings on the types of inscribed bricks and their contents. Following previous studies re-examining the structure of the tomb and the materials used for its construction, most scholars dated the Tomb of Jang Mui to 348, a period after the collapse of Daebang Commandery. However, there is still a lack of adequate examination of the bricks, which account for the majority of the artifacts excavated from the tomb. Among the bricks excavated from most brick chamber tombs, including the Tomb of Jang Mui, only those with inscriptions or designs have been collected. Moreover, among these, only those with inscriptions or designs on the stretcher faces have been documented. Accordingly, the bricks themselves have been notably understudied. This paper intends to reorganize the contents of the inscriptions on eleven types (out of sixty-one pieces) of bricks in the collection of the National Museum of Korea, which make up the majority of the bricks excavated from the Tomb of Jang Mui. It also classified them according to their shapes. Furthermore, it examined the bricks from the Tomb of Jang Mui as architectural materials by focusing on their production techniques, including their forming, drying, and firing. Taking a more specific approach, it then compared the results to other bricks from the second century through the fourth century: those from the brick chamber tombs of the Nangnang and Daebang Commanderies and those from the brick chamber tombs built after Nangnang and Daebang Commanderies were ousted. The examination of bricks from the Tomb of Jang Mui has revealed that these bricks were basically produced using the brick manufacturing techniques of Nangnang, but they incorporated new elements found in bricks from brick chamber tombs or brick-and-stone chamber tombs constructed around the mid-fourth century in terms of their size, the use of lime, and the number of inscribed bricks. This supports the prevailing view that the date of the construction of the Tomb of Jang Mui is 348. The Tomb of Jang Mui sustained the existing brick chamber tomb burial tradition, but its ceiling was finished with stone. It demonstrates a blending of the brick chamber tomb practice of the Nangnang and Daebang Commanderies by using bricks produced based on related techniques, but with new elements such as the addition of a lime layer to the bricks. This fusion reflects the political circumstances of its time, such as the expulsion of the Daebang Commandery and the advance of the Goguryeo Kingdom, leading to diverse interpretations. Given archaeological evidence such as the structure, materials, and location of the tomb, the Tomb of Jang Mui appears to be highly related to the Goguryeo Kingdom. However, the forms of the inscribed bricks and the contents of the inscriptions share similarities with brick chamber tombs constructed during the third and fourth centuries in the Jiangsu and Zhejiang regions in China. Further studies on whether the use of lime was an influence from Goguryeo or a continuation of the Daebang tradition and a comparative examination with contemporaneous stone ceiling tombs will provide a more refined understanding of the Tomb of Jang Mui.
Kimura's Disease is a chronic inflammatory and proliferative condition producing subcutaneous masses especially in the head and neck area. This report of our experience with 5 patients with this disease is the first in the Korean surgical literature. Kimura's Disease is thought to be part of the larger spectrum of the entity known as angiolymphoid hyperplasia with eosinophilia (ALHE). It is characterized pathologically by hyperplastic lymphoid follicles, eosinophilic infiltration, and vase 비 ar proliferation. It produces masses which are most common in the area of the parotid, submandibular gland and upper neck. These masses occupy the subcutaneous tissues but also extend into salivary tissue and into upper neck nodes. One of our patients had masses in the groin. The tumors are extremely vascular due to the presence of new proliferative vessels and sinusoids. The average age of our 5 patients was 35, but all but one case were younger than 38 years of age. The male: female ratio was 3 : 2, and the average duration of symptoms was 5,2years. All patients had peripheral blood eosinophilia. All had multiple masses, sometimes symmetrical. The management was surgery alone in one case, surgery and steroids in one case, surgery and radiotherapy in two cases, and all three modalities in one case. The relationship of this entity to ALHE and our experience in the management of this disease are presented. A clinicopathological discrepancy alerted us to the existence of Kimura's Disease. A nineteen-year old male presented with subcutaneous masses over both mastoid areas present for 3 years (Case III). When biopsy on each side was reported as 'eosinophilic granuloma' we submitted the slides to an internationally expert pathologist. Symmetrically occurring tumors in the peri-parotid subcutaneous areas did not fit any category of neoplasm or granuloma known to us. The diagnosis, made by Dr. Gist Fan at the Ochsner Clinic, was Kimura's Disease. We found two additional cases in a review of soft tissue eosinophilic granuloma previously reported at Presbyterian Medical Center, and since then have diagnosed two new cases. These five cases constitute the basis for this, the largest series to be reported in Korea. These vascular, tumor-like lesions of the skin, subcutaneous areas and subjacent structures of the head and neck have been a variety of names, such as angiolymphoid hyperplasia with eosinophilia, eosinophilic hyperplastic lymphogranuloma, angioblastic lymphoid hyperplasia with eosinophilia, histioid hemangioma, and epithelioid hemangioma. The history of this disease spectrum dates back to 1937 when Kimm and Szeto (1) reported 7 cases of 'eosinophilic hyperplastic lymphogranuloma' in the Proceedings of the Chinese Medical Journal. In 1948 Kimura and his associates(2) reported additional cases in Japan under the title 'On the unusual granulation combined with hyperplastic changes of lymphatic tissue.' From then until 1966 several hundred cases were reported in China and Japan. The first report from the West was by Wells and Whimster(3) in the British Journal of Dermatology, in 1969. These authors coined the term, angiolymphoid hyperplasia with eosinophilia (ALHE). Since that time a debate has ensued as to whether Kimura's Disease and ALHE are distinct entities, or whether Kimura's is part of the larger spectrum of ALHE, perhaps a later or advanced phase. From the clinical perspective, surgeons should be aware of the diagnosis of Kimura's Disease not only as part of the differential diagnosis of head and neck tumors but also because these lesions are indolent, and generally require conservative surgical removal as part of the management program. CASE I. A 37-year-old female company employee presented in August 1982 with submental swelling of 12 years' duration and with inguinal swelling of 7 years' duration. The submental mass measured 5x5cm. and the inguinal mass was 8x4cm. in size. Peripheral eosinophilia varying from 14% to 40% was found. On August 20, 1982, the submental mass was removed and a superficial groin dissection was done. In May 1983 an intraoral lesion of the palate was removed. The patient is free of disease. CASE II. A 23-year-old unemployed man visited this hospital for the first time in July, 1984, with swelling of the right cheek present for 6 years. The mass was soft and ill-defined but measured 10x20cm. and extended from the submandibular upper neck to the zygomatic arch, and from the mastoid to the cheek, over the parotid gland. Eosinophilia varying from 27% to 29% was noted in the peripheral blood. On March 21, 1986, the lesion was resected. The procedure comprised an extended superficial parotidectomy from the temporalis fascia to the upper neck. Post-operatively radiotherapy 3000 rad tissue dose was administered using the 6 MeV linear accelerator. The patient remains free of disease. CASE III. A 19-year-old student came to the clinic with masses over both mastoid areas, present 3 years. On the right there were two adjacent lesions, one over the mastoid, the other in the upper jugular level of the neck. On the left it was a single mass over the mastoid. Eosinophilia varied from 13 to 32% in the peripheral blood, and 11.6% in the bone marrow. Incisional biopsy revealed 'eosinophilic granuloma' and a trial of predisolone was employed. The mass increased in size so a small dose of radiation (600 rads) was used, with substantial regression,. The lesion on the left was excised and follwed by 1000 rads radiotherapy. Finally recurrent tumor on the right side was removed on November 5, 1985. The patient remains free of disease. CASE N. A 29-year-old local merchant had had swelling of both upper necks since childhood. At the time of his first visit on March 17, 1986, the right submandibular mass measured 5x3.5cm. and the ,right upper neck and parotid tail mass measured 2.5cm. On the left there were masses in the upper neck, the largest of which measured 2.5cm, and of the parotid tail, 2.0cm. in size.(See Fig. 1) Peripheral eosinophilia of 39% was recorded. Left side partial parotidectomy and resection of the upper neck and subdigstric mases was done on May 2, 1986. The mass involving the right parotid tail and upper neck nodes was removed on Angust 7,1986. Postoperatively the patient was placed on prednisolone 30 mg. per day. No definite masses are palpable. CASE V. A 66-year-old housewife informed us, at the time of her first visit in May, 1986, that she had had multiple neck masses since 10 years ago. On the right side there was a 2.5cm. subcutaneous mass of the upper neck, over the upper jugular chain. On the left there was a 9x4.5cm. mass involving the entire parotid, the post-auricular area and the upper neck. A third mass presented in the submental area and measured 3.5cm. (See Fig. 2) Eosinophilia of 51% was noted in the peripheral blood. partial excision of the left upper neck lesion and complete excision of the submental mass were performed on june 6, 1986. post-operatively she was placed on 20 mg. of prednisolone daily, but when the mass re-grew after two months she was referred to Radiation Therapy for a 2500 rad course of treatment. A barely palpable thickening remains.
As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.
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.