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이중효 ( Lee Jung Hyo ),홍성천 ( Hong Seong Cheon ) 한국산림과학회 2004 한국산림과학회지 Vol.93 No.1
Community types and population structures of the Pinus densiflora forest established the Buyeongsa valley in Uljin-Gun, were studied from vegetation ecological approaches. For the community types, four communities and four subcommunities were classified and six vegetation units grouped. In the importance value(I.V.) analysis of the major component species, Pinus densiflora showed most highly in the tree layer and quercus spp.(Quercus mongolica and Quercus variablis) below the subtree layer. In the results of distribution of diameter classes of the major populations, there were a little differences by a micro-topography, but it was considered that Pinus densiflora forest of this area changed potentially as Quercus spp. forests due to a rapid success of Quercus sppbelow the lower layer. For analyzing of the spatial structures for the most representative Pinus densiflora populations of this area, the distribution of individual trees, crown projection and stand profile diagrammed and growth curves showed in the four sites. The annual average diameter growth of Pinus densiflora of the area is from 1.22 to 3.26㎜.
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李重孝(Lee Choong-Hyo) 역사학회 2007 역사학보 Vol.0 No.194
Among ChilJae of Koryo KukHak, six of them specialize in Confucianism, and entering one of the six is generally recorded as 'IpKukHakBo △△ Jae(入國學補△△齊)' or 'IpDaeHakYae △△ Jae(入大學隷△△齊)'. It means that the process of entering them is represented as becoming a member of each YuHakJae. Most of the monuments written in Koryo say the owners of the monuments entered YukJae by inscribing the title 'IpDaeHak(入大學)' or 'DaeHakSeng(大學生)'. It is believed that those Daehak which were frequently appeared on the monuments in the days of YeaJong to EuiJong changed their names from Kuk hak since the establishment of YukJae and YangHyunGo. Of the 24 students of ChilJae in the days of YeaJong to EuiJong I examined, many who were identified were the sons of a noble family or the benefiter EumSuh(蔭敍). Although there is only a limited amount of data, this kind of record suggests that it is necessary to be careful in order not to misunderstand Koryo Kukhak as a useful pathway to upgrade the social position. Meanwhile, the status of the students before their enrollment is useful for understanding their intention. Prior to foundation of ChilJae, JangJa(張仔) who already entered Kukhak, men who already became part of the government through EumSuh, and JinSa(進士) who already passed GukjakamnSi(國子監試) all entered ChilJae in order to prepare for the civil service examination. In this paper, I made clear that the previous idea that ChilJae is SangSa and ChilJaeSeng is SangSaSeng is controversial. Also, the fact that SangSaSeng were selected from YukJaeSeng clarifies the claim that ChilJae and Kukhak are irrelevant is false. YukJaeSeng who specialize in Confucianism and SangSaSeng were selected in different ways. YukJaeSeng were selected through an exam, which was organized by KukHak, or through SeungBoSi(升補試). Meanwhile, SangSaSeng were the ones who got good grade in the exam called HengYaeSi(行藝試) or WalSiKaeGo(月試季考); they were named as the First SangSaSeng and the Second SangSaSeng. The First SangSaSeng were exempted from ChoJang(初場) and JoongJang(中場) and immediately applied for JongJang(終場). The Second SangSaSeng were exempted from ChoJang and applied for JoongJang. If YukJaeSeng were SangSaSeng and for that they received the benefit of taking the civil service examination, they would have inscribed such pride in their monuments. However, of the twenty monuments I examined, only two were identified as being owned to SangSaSeng. No evidence of SangSa is found in the monuments of rest of the YukJaeseng. YeaJong established ChilJae in order to educate men to be proficient in both literary and military arts. After accepting Samsajae(三舍制), he selected SangSaSeng from YukJaeSeng and granted them the benefit of taking the civil service examination. In other words, YukJae is similar to NaeSa(內舍) of North Song(北宋)'s TaeHak(太學) which produced SangSaSeng. The system of SangSaSeng was accepted to appoint talented YukJaeSeng by the civil service examination in a fast and easy way.
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李重孝(Lee Choong-Hyo) 역사학회 2004 역사학보 Vol.0 No.182
In the wake of the Yi Cha-Gyom Revolt (Yi Cha-Gyom oe nan), Koryo King Injong recovered his weakened royal authority by restraining the political power of civil ministers through use of the Westerners' faction (Seogyeong seryeok). This gave rise to political complications. To protest the strong political influence held by the Westerners' faction, the Confucian college scholars made Confucian memorials (sango) and presented letters to the king (sangseo) three times. In July of the 8th year of Injong's rule, the Censorate (Eosadae) expressed its view that the number of Confucian college scholars should be greatly reduced. The scholars once again offered memorials to the throne. This protest shows that the scholars supported the king's political use of members from their own ranks. In February of the 10th year of Injong's rule, Choi Kwang-won, a student of Yang Jung-jae, presented a memorial to the throne that insisted upon elevating Injong to the status of emperor, choosing an imperial name for him, and renaming the current era. This memorial was originally instigated by Yun En-yi and Jung Ji-sang, who supported the Westerners' faction. Men like these two aggravated the political activities of the Confucian college scholars to achieve their political objectives of elevating the king to emperor and choosing a new name for the current era. In the leap-month April in the 10th year of Injong's rule, the daegan called upon the king to suspend the civil service examination due to some problems, but Injong went ahead anyways and selected successful examinees. Some of those selected were sons of ministers who supported the return of royal authority and were connected with the Westerners' faction. A month later the Censorate strongly requested invalidation of the exam results and a reexamination. Although King Injong rejected this request, about fifty Confucian college scholars, including Jung En-bak, appealed for reexamination by submitting a memorial to the king. This political consensus between the Confucian college scholars and the Censorate was reached when the political influence of the Westerners' faction ebbed. In summary, during the reign of King Injong, the political activities of the Confucian college scholars changed and were weakened by the reduced political power of the Westerners' faction and the strengthened political influence of the Gaegyeong civil ministers. When Myocheong's Revolt (Myocheong oe nan) brought about the fall of the Westerners' faction in the 13th year of Injong, the political activities of the Confucian college scholars ebbed.
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이중효(Lee, Jung-hyo) 조선대학교 법학연구원 2009 法學論叢 Vol.16 No.1
오늘날 계약은 주로 약관에 의해 체결되어지고 있다. 계약자유의 원칙에서 출발한 계약의 형식이 오늘날에는 약관에 의한 계약이 이용되게 되었고, 또한 그 작용에서도 부정적인 측면이 많이 드러나게 되어 통제의 필요성이 절실히 요구된다. 약관이 생성되고 전개되는 것은 기업의 ‘다수계약합리화의 기도’와 ‘법률적 수단에 의한 경제력 강화의 기도’에서 출발하였지만, 경제력이나 사실 측면에서 볼 때 일반소비대중은 부당하고 불공정한 약관에 의한 계약에 부합할 수밖에 없게 되어 약관에 의한 병리현상이 나타나게 되었다. 이에 따라 약관규제법 제3조 제3항과 상법 제638조의3에서는 보험자에게 보험약관에 대한 설명의무를 부과하고 있다. 이와 같은 약관의 설명의무는 보험계약자가 알지 못하는 불이익한 약관의 내용에 구속되는 경우를 방지하기 위하여 일반적으로 인정되고 있지만 약관규제법과 상법은 약관의 설명의무와 관련하여 ‘약관의 중요한 내용’만을 설명하도록 규정하고 있을 뿐만 아니라, 약관규제법 제3조 제3항 단서는 계약의 성질상 설명이 현저하게 곤란한 경우에는 설명의무의 예외를 인정하고 있어서 약관의 설명의무의 범위에 관한 분쟁이 빈발하고 있다. 이 글에서는 보험자의 보험계약자에게 설명하여야 하는 보험약관의 ‘중요한 내용’에 대해 판례를 중심으로 살펴보면서, 보험계약자를 보호하기 위한 설명의무의 합리적 기준을 제시하고자 하였다. Although the standard form contract has raised social and regal, a consumer who ignores about contract and legal procedure was damaged by unfair contract. Generally a consumer has lacked legal mind about economical deal, Also today, according as international deal increases, the standard form contract used widely trade deal, financial deal, transport deal, that may give rise to a serious international trouble by legal and commercial usage each country. The article 638-3 of Commercial Law charges the insurer with obligation of explanation insurance clauses, before the contract is concluded. If the insurer fails to makes such clear explanation, subject to this provision, he cannot be discharged from liability. Because insurance contract is a sort of adhesion contract, the assured merely yield to insurance clause which the insurer has already drawn up. In that circumstance, the insurer often intend to insert several clauses to the assured's disadvantage. In order to prevent the insurer's wicked doing and protect the assured, most of country charge the insurer with duty of explanation insurance clauses. Therefore I have intended to examine the legal theory of content restriction on standard form contract for fair protection of two parties contract.
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