• Journal of Legislation Research
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• no.53
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• pp.525-551
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• 2017

This Article discusses the current trend of European competition damage actions focused on the recent Damage Directive and its transposition by the United Kingdom and Germany. The relevant Directive was signed into law in November 2014, and it requires the EU Member States to adopt certain measures to support competition damage actions. The required measures and principles by the Directive include right to full compensation, rebuttable presumption of harm, extensive disclosure of evidence, use of pass-on for defense and indirect purchaser suits. Although many Member States did not meet the deadline to transpose the Directive, the end of 2016, it is reported that 23 Member States have now, as of September 2017, made enactments according to the Directive. When we look at the transposition done by the United Kingdom and Germany, the revisions on their competition laws closely follow the contents of the Directive. However, it will take quite a long time before the amended provisions apply to actual cases since most of the new provisions apply to the infringement that take place after the date of the amendment. A similar situation regarding application time may happen in some other Member States. Furthermore, even if the terms of the competition laws of the Member States become similar following the Directive, the interpretations of the laws may differ by the courts of different countries. EU also does not have a tool to coordinate the litigations that are brought in different Member States under the same facts. It is true that the EU made a big step to enhance competition damage actions by enacting Damage Directive. However, it needs to take more time and resources to have settled system of competition private litigation throughout the Member States. Korea has also experienced increase in competition damage actions during the last fifteen years, and there have been some revisions of the relevant fair trade law as well as development of relevant legal principles by court decisions. Although there are some suggestions that Korea should have more enactments similar to the EU Directive, its seems wiser for Korea to take time to observe how EU countries actually operate competition damage actions after they transposed the Directive. Then, it will be able to gain some wisdom to adopt competition action measures that are suitable for Korean legal system and culture.

• (The)Study of the Eastern Classic
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• no.68
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• pp.379-408
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• 2017

What I wish to show in this paper is the moral educational implication on "The Minor Annotations of Elementary Learning(小學枝言)" in a position to consider the alternatives about personality education problems by searching viewpoints on moral training theory on the book. "The Minor Annotations of Elementary Learning(小學枝言)" was written by Dasan Jeong-yakyong(茶山 丁若鏞, 1762-1836). In the oriental philosophy, a moral training theory is built on the base of human nature theory. Dasan's moral training theory was also built on his human nature theory. Undoubtedly we could consider that his difference from the moral training theory of Confucianism is reflected in his moral training theory putting stress on practice. Dasan criticized the moral training theory of Confucianism because of its static aspect contemplating mind internally. He stands on the position that the virtue can be come true by the concrete practice. The establishment ground of Dasan's moral training theory is on his theory of human nature's preference(性嗜好說). Dasan didn't consider benevolence, righteousness, propriety, and wisdom(仁義禮智) as human nature. He considered that the human nature prefers goodness. So there is no perfect human nature or principle originally to human beings but also directionality to be displayed. We can say that the virtue building by cultivation of directionality get connected to moral training theory. Dasan considered ?The Minor Annotations of Elementary Learning(小學枝言)? as a practice book for moral training which develops individuals' personality through practice in the reality. He thought that the book cause individuals to follow 'the elementary way(小道)' and to learn 'the elementary art(小藝)' more than academic pursuit. From this viewpoint he showed the practice(行事) of judgment(權衡) by keeping the attitude for the scripture interpretation to pursue the right principles(義理) based on Chinese exegetics(訓?) and the historical evidences(考證) through the whole book. And in the book he suggested the standard of the whole-person education to develop the human nature based on his theory of human nature's preference(性嗜好說), to cognize relationship as an ethical existence, and to pursue the harmony with graphonomy(字學) and Ethics(道學). So we can regard that he realized his practice centered moral education philosophy in the book.

• (The)Study of the Eastern Classic
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• no.33
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• pp.31-56
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• 2008

Jang Hyeon-gwang(張顯光, 1554-1637), whose pseudonym or courtesy name is 'Yeoheon(旅軒)', had made a thorough study on the intrinsic nature of Neo-Confucianism in a more sincere fashion, when comparing him with other Neo-Confucianists in Joseon period. Also he was a renowned scholar who expanded its philosophical system in-depth. Yeoheon thereby had strengthened his philosophical system accordant with the Great Learning(大學) and Doctrine of the Mean(中庸), which are the fundamental systems of Neo-Confucianistic education. Based on such considerations, Yeoheon's thought on education can be illuminated from three different perspectives. First, Yeoheon deepened his a theory of good governance by a virtuous ruler(聖人君主論, pronounced, 'Seongingunjuron') as the standard of education. Essentially, his theory pursues Refraining from desire, and preserving the laws of nature(存天理?人欲, pronounced, 'Joncheolliarinnyok'), and put emphasis on ethical awakening, and the governance through a virtue of moral excellence. Second, Yeoheon stressed the learning theories related to 'sincerity' or true heart(誠) and 'piety' or 'respect'(敬)) as the form of education(誠敬, pronounced, 'Seonggyeong'). Also he expounded that people needs "to establish a ground of Respect and Sincerity in their mind." He recognized the differences between the two virtues, meanwhile, however, he understood it as in an identical context. Third, Yeoheon advocated harmony between separation and integration(分合, pronounced, 'Bunhap') as a method for education. Through his unique 'Discourse on Longitude and Latitude', dubbed, 'Li-Gi Gyeongwiseol (理氣經緯說) in which the principle(Li, 理) is equal to the intrinsic energy or material force(Gi, 氣), he maintained his view on the Doctrine of the Mean, in that he was not inclined to either sides according to the logic of Change(易, pronounced 'Yeok'). When reviewing Yeoheon's contemplation in education in the meaning of modern education, he laid the standards for education on the establishment of morality, and he also provides us with an idea which induces us to look through the form and method for education from the perspective of Doctrine of the Mean. In short, Yeoheon's view on education embodies wisdom of traditional Neo-Confucianistic Education having consistency, and it provides for an implication of the review of the importance of the balance in relation to methodological bias toward confusion in the standards for modern education, and unsystematic contents therein.

• (The)Study of the Eastern Classic
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• no.67
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• pp.345-378
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• 2017

In the scriptures of "$Ch{\bar{u}}n-qi{\bar{u}}$(春秋)", the expression method of '$Ch{\bar{u}}n-w{\acute{a}}ng-zh{\bar{e}}ng-yu{\grave{e}}$(春王正月 : It's spring. It's the first month regulated by the king.)' was used as Jì-yuè-fǎ(紀月法 : the rules to determine the first month(正月)), the month of winter solstice was regarded as the first month of a year, and three years since then were named as $Ch{\bar{u}}n$(春 : spring). With regard to this "$Ch{\bar{u}}n-qi{\bar{u}}$"Wáng-lì("春秋"王曆 : the calendar regulated by the king of $Zh{\bar{o}}u$(周) dynasty in "$Ch{\bar{u}}n-qi{\bar{u}}$"), depending on whether Confucius(孔子) changed and recorded the names of the months and the season or not, there were three different arguments; the theory that 'Confucius changed the names of both the months and the season'(孔子改月 改時說), the view that 'Confucius changed the name of the season, not the names of the months'(孔子不改月 改時說), and then the theory that 'Confucius changed neither the names of the months nor the name of the season'(孔子不改月 不改時) since Song(宋) dynasty. The first view was taken by $Hh{\acute{u}}-{\bar{a}}n-gu{\acute{o}}$(胡安國) and $C{\grave{a}}i-ch{\acute{e}}n$(蔡沈), and the second theory was mentioned by Chéng-yí(程?) and Zhū-zǐ(朱子). The advocates of the third view had become remarkable since Ming(明) dynasty, and one of representatives was Wàng-yáng-míng(王陽明). All of them based their arguments on ancient scriptures and Confucian legal books, and there were cases of taking the same records as the support for different opinions. Confucius' so-called 'Chūn-qiū-bǐ-fǎ(春秋筆法 : the method to describe historical facts by making clear discrimination between right and wrong)' and '$Sh{\grave{u}}-{\acute{e}}r-b{\grave{u}}-zu{\grave{o}}$(述而不作 : the attitude to succeed virtuous men's achievements and only explain and describe them not creating and adding new contents)' could come from thoughts of $Z{\bar{u}}n-w{\acute{a}}ng$(尊王 : to respect the king with the virtues of benevolence, righteousness, propriety, wisdom and sincerity). Therefore, even though Confucius is assumed to have been the writer of "$Ch{\bar{u}}n-qi{\bar{u}}$(春秋)", whether he actually changed and recorded the names of the months and the season in the calendar used in "$Ch{\bar{u}}n-qi{\bar{u}}$" is doubtful. These theories on Confucius's intervention in the calendar of "$Ch{\bar{u}}n-qi{\bar{u}}$" hadn't been discussed as conflicting in reality until Tang(唐) dynasty.

• The Journal of Korean Philosophical History
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• no.23
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• pp.7-65
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• 2008

The object of this essay is to apply the Leadership Theory, current interest in Asian Philosophy, to Korean appliance. This is to associate contemporary Leadership Theory with Chosun Confucianism in order to discover the Korean Leadership Prototype, and seek the possibility of applying it for modern usage. The essay uses two analysis models. The tools used for the methodology consists of the personal characteristics of the leader as one axis and ruling out the roles in order to develop the discussion as the other axis. First axis is the process of the leader setting the identity and strengthening the ability to successfully deploy his/her leadership. The second axis is comprised of four specific fields where the leadership is deployed. The four sectors are Self Sector, Relationship Sector, Team Sector and Community Sector. Core values of each sector have been set up and specific competences have been presented. In the Self Sector, $zh{\grave{i}}x{\bar{i}}n$(治心) and $ch{\acute{i}}j{\grave{i}}ng$(持敬) have been set as core values and $l{\grave{i}}zh{\grave{i}}$(立志) and $sh{\acute{i}}x{\bar{i}}n$(實心) as their competences. In the Relationship Sector and Team Sector, circumstances(時宜) and $sh{\acute{i}}sh{\grave{i}}g{\bar{e}}ngzh{\bar{a}}ng$(實事更張) were set as core values, accordingly. Lastly for the Community sector, the core value, 'Ideal Leader and the Visions of and Ideal Community', was conceptualized as '$m{\grave{ui}}m{\acute{i}}nzh{\grave{i}}zh{\grave{i}}$(牧民至治)'. The leadership is then expanded from the Self Sector to the final stage through its processes. Through this research, it can be found out that the Korean Leadership Model is not rigid to just cover a specific point in time or situation, but embraces many contemporary leadership concepts, thus having the characteristics of a comprehensive leadership theory.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.15 no.6
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• pp.167-187
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• 2020

Currently, Korea is changing into an ultra-aging society, and office workers retire at the age of 49.5 on average from their main jobs, and the national pension is delayed from 62 years old to 65 years old by 2034, so research is needed to prepare for the aging of office workers after retirement. The purpose of this study is to examine the factors affecting the intention to start a business after retirement and the mediating effect of another sense of success expectation on life after retirement, targeting office workers nationwide. Changes in individual attitudes and systematic institutional support are needed to prepare for a sustainable job until the age of 100 after retirement, that is, a start-up utilizing wisdom and experience in work life. As a result of the study, the ability to perform the goal as job performance, economic preparation for retirement preparation, preparation for external relations, and future anxiety have a positive effect on the entrepreneurial will, and the ability to use new technologies as job performance, and physical preparation for retirement. Preparation and preparation for internal relations were found to have no effect. In the influencing relationship between preparation for external relations and the will of start-up, and future anxiety and will of start-up, another sense of success was confirmed to have a partial mediation effect. In the relationship between economic preparation and willingness to start a business, the effect of complete mediation was confirmed. In order to increase the will to start a business after retirement, it was confirmed that another sense of expectation for success was an important variable. Introducing a government-sponsored education system in the company to reduce the government's financial burden due to super-aging and achieve corporate growth through employee training while potential founders, office workers, are employed, and entrepreneurship and goals for the three life goals of office workers By introducing a performance improvement program, we were able to get implications that would be a solution to the growth of individuals and businesses and reducing the government's financial burden.

• Journal of the Daesoon Academy of Sciences
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• v.38
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• pp.83-114
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• 2021

This paper identifies what the theoretical similarities and differences are in the concept of Sangsaeng held by Zhuxi (1130~1200) and Jeungsan (1871~1909). Human beings cannot live alone. For humans to survive, they must live with others. However, humans have an infinite desire not only for survival but also for material things, honor, and power. In other words, humans, on the one hand, seek harmony and symbiosis for survival, and on the other, constantly confront, conflict and compete with one another to satisfy their infinite desires. Thus, human-to-human interrelationship is not a co-prosperity that creates partnerships for harmony but one of adversaries within competition that must be fought and defeated. At the same time, humans can achieve harmony and cooperation by overcoming their infinite desires and realizing morality. Therefore, various social problems that originate from competitive structure, which are dominated by confrontation and conflict, can be solved through human effort and reflection, so that humans can focus on solving social problems by mobilizing their own wisdom. Jeungsan emphasized Sangsaeng as mutual beneficence and it became one of the creeds of Daesoon Thought. In the Neo-Confucianism of Zhuxi, there is an ideology of Sangsaeng as co-prosperity and this is comparable to mutual beneficence in Daesoon Thought. In Zhuxi's terminology it is called 'In (仁), humanity.' In Neo-Confucianism, a harmonious world is achieved by loving people and caring for and nurturing all things when the principles of humanity are realized. This means that when the principle of co-prosperity is realized in Daesoon Thought, there will be no conflict or grudges, and only an acquired vision of reconciliation and mutual beneficence will be achieved. Zhuxi also emphasizes the realization of humanity (cheonli) by eliminating self-interest. At this time, the relationship between humanity and 'self-interest' is similar to the relationship between the mutual beneficence and grievances in Daesoon Thought. Just as the principle of 'In' fosters love among people and the benefit of things immediately after self-interest is removed, the principle of mutual beneficence is realized immediately after grudges are resolved. This achieves an endless of paradise on earth.

• Journal of the Daesoon Academy of Sciences
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• v.28
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• pp.267-302
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• 2017

This study aims to understand the concept of God in Daesoon thought through gods, divine beings, and divine Dao as they are featured in the I Ching. This study also explores analysis by dividing the 'one' from the I Ching into personal subject, metaphysical and fundamental marvel, innate divinity and morality of human beings as being among various concepts of god. Among the terms regarding god, divine Dao is especially clear in its depiction of this concept. In this context, the study looks closely at the characteristics of the concept of God. The divine Dao is actually an order that has been spread throughout the world by Sangje's will and the gods are endowed with His mandate. Through such order, the divine Dao leads to the Dao of divinely empowered humans by the Great Dao of mutual beneficence and natural solution. Divinely empowered humans is a concept which corresponds to the idea that 'Divine affairs are akin to those of humans.' Divine beings have human will and feelings in the afterlife, and due to their close relationship to human beings, they exercise an influence over human beings. They have human will and feelings while alive as well. In addition, they also have grievances and grudges. Such grievances and grudges can be resolved by mutual beneficence. And the divine affairs and activities move in accordance with Taegeuk (the Great Ultimate), Sangje's will, and the divine Dao. Therefore, it is a principle that divine beings should obey and an operational law in theonomy. Sangje's divine Dao and heavenly mandate accord with the Great Ultimate and are thereby revealed. Natural solutions can be reached when Divine beings and human beings gain awareness of this truth. To realize the divine Dao, humans and divine beings should practice the dao of benevolence, justice, propriety, wisdom, and they should rely on one another. Furthermore, this is done to accomplish the dao of heaven and earth.

• Journal of the Daesoon Academy of Sciences
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• v.33
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• pp.219-255
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• 2019

'Dao' is an important research subject as it is the main term for 'ultimate reality' in East Asian religious thought. Understanding the concept of 'Dao' is essential to reach the state of 'Perfected Unification with Dao,' the ultimate aspiration in Daesoon Thought. The meaning of 'Dao' can vary such as 'Dao' meaning 'way', which was first introduced in Jinwen. There is also the 'Dao' of yin and yang, and Dao used to mean human obligation, or Dao meaning the way of Heaven. These can also be classified into five categories: Constant Dao, Heavenly Dao, Divine Dao, Human Dao, and the Dao of Sangsaeng. Every natural phenomenon of birth, growth, and death in the universe operates under the patterns of Heaven and Earth. Therefore, Constant Dao in Daesoon Thought is the ultimate pattern underlying human action and the operations of Heaven and Earth. These apply not only to the natural and the divine world but also to the human world. It can be said that 'Rather than natural law or moral symbol of the world, 'Heavenly Dao' means the great Dao that saves the world through the Daesoon Truth of Sangje, Supreme God of the Ninth Heaven. Divine Dao can be said to be 'the Dao by which man must complete his work according to the law and the will of God,' that is, 'the Dao by which God and man are united together by Sangje's heavenly order and teaching, which aims for humanity, righteousness, propriety, and wisdom.' When the world is in a state of calamity and crisis, the request for the saint's Dao can symbolized by the kings, Yao and Shun, in The Canonical Scripture (Jeon-gyeong). The saint's Dao saves the dying world and people's lives and is called 'saving lives by curing the world (濟生醫世)'. It can be regarded as a characteristic of Human Dao in Daesoon Thought, which is the human obligation to follow Sangje's order, the great Dao to save the world. The Dao of Sangsaeng is the true dharma that rectifies the world full of mutual conflict through the ethics of the Later World, which is to promote the betterment of others and to practice the human Dao that saves the world and rebuilds the Constant Dao. Thus, The concept of Dao in Daesoon Thought is Daesoon Truth which applies to and operates throughout all realms of Heaven, Earth, Humanity, and the Divine world. Dao in Daesoon Thought was influenced by the historical background in which it emerged and this can be seen in its ideological features. It embraces the traditional concept of Dao, which refers to the Chinese classics and represents the main schools of thought in East Asia: Confucianism, Buddhism, and Daoism. And it is unique in that it implies the will of Sangje as a religious object, a supreme being. It can be seen that Daesoon Thought has developed through the process of defining the concept of Dao by harmonizing both the universality and specificity of modern Korean religious thought.

• Journal of the Daesoon Academy of Sciences
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• v.24_2
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• pp.85-115
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• 2015

The Reordering of the Universe(天地公事) pursuing the Latter world(後天)'s ideal world while denying the Former world(先天) is composed of enormous rituals. The Dosu(度數) is formed through these rituals and the world is transformed according to the Dosu. The people who follow the Sangje(上帝), the subject of this universe reordering and also participate in the Reordering of the Universe are called as the followers. The follower group can be said as a ritual group in the aspect that they participate in the ritual for the Reordering of the Universe. They not only observed the rituals but also actively participated in them, so took certain roles in forming the Dosu. That is, they performed certain, given roles in developing the rituals, or actively proposed their ideas under the Sangje's leadership, and participated in the process realizing the Dosu. Therefore it can be said that they were a group initiatively participating in the process overcoming the Former world's Sangguk(相克) world, and making the latter world's ideal world. It seemed that the followers at that time might have gone through a certain entrance ritual process in order to join in such a follower group. The 『Jeon-Gyeong』 recorded the entrance rituals of a man called as Cha Gyeong Seok among tremendous followers relatively in detail. According to the 『Jeon-Gyeong』, he first had to get a unique test in the entrance process, and the test was proceeded in several stages: the wisdom test reflecting the Sangje's unusual intelligence, the patience test to endure physical, psychological pains for the great ethic, and the test to evaluate the testee's ability to give up past oneself and to follow the Sangje with a new body & mind. In the process separating himself from the past his appearance, Gyeong-Seok, the candidate to enter, faced a liminal situation, and then performed the incorporation rite. In this process, the purification rite going him out of the past relationship of benefits & grudges was performed, and he was given the regulations to comply as a member of the follower group. Through such serial processes, his entrance in the follower group was allowed. What requested to the candidate in this entrance process was the severance from one's past. For that, the candidate was needed to go out of his past life habits, to free from the relationship of benefits and grudges, and to sever him from his past faults. Such severance was the precondition for him to go out of the Former world's negative reality and to break from the Sanggeuk habits. Another thing requesting to the candidate as well as the severance from his past was to establish a new ideal. The new ideal should be matched with the ideal of the Reordering of the Universe whose main ideology was the Haewon-Sangsaeng(解冤相生). Such ideal can be said as the driving force to proceed toward the new ideal world of Latter World. And the candidate was requested to purify his mind and to participate in the Universe Fair Judgement (天地公庭). That can be said as an important condition for the new member directly to participate in the ritual of the Reordering of the Universe dramatically transforming the world. Finally, the candidate was given the regulations for his ascetic practice(修道) as well as his participation in the Reordering, and was requested to comply them. After becoming a member of this follower group, one had to practice his asceticism through the compliance with such regulations and the training of mantras(呪文) in order to accomplish the goal called as Dotong(道通). By fulfilling these requirements, the newly entered member could have the qualification to perform a certain role in the ritual of the Reordering of the Universe, and could accomplish his religious ideal.