孫基禎 選手의 베를린올림픽 마라톤 制覇가 우리민족에게 주는 歷史的 意義

정찬모 한국체육사학회 1997 체육사학회지 Vol.2 No.-

After the review of the historical meaning of Son Kee-Chung, marathon winner at the Summer Olympic Games of Berlin, Researcher learned that marathon runner Son Kee-Chung made a contribution to the recognition of reality of Korean history and with this kind of learning the conclusion of this study was as fallows: The marathon winner Mr. Son rejected the Japanese national flag at the Berlin stadium and it was very sensational to the audience, who learned the Korean spirit and also it became the unique impact of Korean People's solidarity. The world recognized the Korean People's excellency not like the understanding, so far, the inferior race to Japanese. Mr. Son overcame the dirty conspiracy from the Japanese Championship of Track and Field to discard him through the first try-out and the final try-out and at last he became the winner, the first place and he rejected to wear the running shirts printed the National Flag of Japan. At that time most of the Korean People were very poor and hungry under the Japanese colonialism. In spite of this kind of difficulties Mr. Son became the winner of the Olympic marathon and so, this news triggered the spread of the People's dignity. The intention of Adolf Hitler, host of the Berlin Olympic Games at that time, was to notify the physical superiority of German race to the world and so he had strong desire a German runner to be the winner at the Berlin Olympic, but the result was not. President Hitler could not help speaking in high terms of "Great Young Man" to Mr. Son. This is belonging to the philology research and the related philology should be discovered by the researcher's hand. With this research Researcher would like to suggest that the name of Mr. Son Kee-Chung and his nationality on the monument inscription in Berlin should be changed into Korean name and Korean nationality from Japanese name and Japanese nationality with his descendents, us. This job is thought as much easier one than that Germany and Japan, WWII war crimes, became the permanent member of UN Security Council. For this ardent goal very aggressive try is required by Korean government or Korea Olympic Committee. It depends on the persuasive power of Korea. The Mr. Son's generation tried their best to overcome the Japanese imperialism and today we are in the petty much easier environment and so, we have to keep in mind that the seed: strong spirit and racial dignity to raise. The instructors should not be lazy to educate the strong spirit and racial dignity. If they keep it in their mind, they can bear it in their mind and try it, and when they can not make flowers come out, they deliver their strong will to the next generations. Finally, physically racial superiority has been proved though many kinds of games and contests including the Olympic games. Sports is one of the short-cut to let them know the Korean People's excellency all over the world. For this goal the harmony between the elite sports and life sports. This is not the question: whether one of these is more important or not. According both of them are required the balanced support by the institution. The next requirement is manpower. Nobody can deny the today's sports as the result of the yesterday's efforts: with the new government organization the Ministry of Sports, Korea did her efforts to find out the future sportsmen from middle school or high school and support them for a long time under the leading policy of the government. By the way that kind of efforts and supports from the government is shown to be drastically decreased to the eyes of the sports experts after the ministry was reorganized into the one part of the Ministry of Culture and Sports. Nobody can not deny the reputation of the sports for the country and so, the supports and policy by the government should be kept without any discrepancy, There are many sports men who devoted themselves to save their father land in the history of East or West, today or yesterday. Some of them are pure sports men and some of them politicians who were sports men. Finally Researcher would like to suggest that we, regardless to say your job, politician or sports man, all do our best to find out good resources, raise, and support them in the same way.

高麗時代의 五兵手搏戱

정찬모,이은송,이규형 한국체육사학회 2000 체육사학회지 Vol.6 No.-

Tung Ch'i Ch'ang was a scholar-painter who was held in high esteem during the period of Ming Dynasty. Not only did he have a superb discerning eye for ancient paintings and writings; in poetry, literature painting and writing as well he left fine works of art and inherent in his theory of painting is the orthodox aesthetic thought of the Orient. In this article we studied the aesthetic thought developed in his painting theory. Our findings can be summed up as follows: First, Tung Ch'i Ch'ang viewed the relationship between art and nature as the archetype of art, the fundamental proposition of classical aesthetics, and as the basis of its reason for being. The paintings he conceived were to create the artistic beauty loftier than the beauty of nature In other words, the beauty of art was thought to be an expression of the beauty of nature enhanced by the painter's subjective view and the exquisiteness of brush and ink Second, in Chinese painting, painting and poetry have traditionally been thought of as being in inherent unity, following Su Tung-P'o. Tung Ch'i Ch'ang also upheld the tradition but he took a step forward and discriminated between the two and thereby paved the way for subdividing genres in later years. Third the pictorial mental image of Tung Ch'i Ch'ang's painting was a developed form of non-ecstasy, the state of painting of Yuan Dynasty, so that the artist's subjective emotions, feelings and ideas revealed the so-called play of Indian ink which in turn was expressed through the exquisiteness of brush and ink rather than detailed description of natural sights. In brief the mental image of landscape painting was not so much paintings drawn from nature as paintings in the literary artist's style with much symbolic meaning in them Fourth, Tung Ch'i Ch'ang's theory of the Southern School can be said to be that of Wen-ten-hua (literary men's paintings); his view of art which was characterized by its Hua'Gha'n Gi'(畵卷籍), high personality, Cha'o Yi'(超逸), Xie'Yi'(寫意), deviation from actual shapes and natural hobby, advocated simplicity, nature, and Da'n(淡) as the ultimate tenets of art. While following the lines of Chang Ten-yuan's nature and Huang Xiu' Fu's i-p'in(逸品), this theory was closely bound up with Zen Buddhism of Na'n Du'n Be'i Jia'n(南頓北漸). Because the Zen as understood by Tung Ch'i Ch'ang is the same Zen of the thought of Chuang Tzu, the delight of Zen he enjoyed was like that of Gi'ng Ta'n(淸談) or Xua'n Ta'n(玄談) and had more in common with play of Indian ink. In conclusion Tung Ch'i Ch'ang's aesthetics of painting contributed to raising the level of artistic beauty of painting by demanding net only a study of ancient Painters(吉人), heaven and earth(天地), and mountians and streams(山川), but also the well-cultivated aspect on the part of the artist with his outstanding innate talent and the wide range of his reading and experience.

경기규정 변천사를 통해 본 태권도 경기규정의 개선방안

정찬모,권형수,전만중 한국체육사학회 2000 체육사학회지 Vol.6 No.-

The purpose of this study was to investigate competition rules of Korea Taekwondo Association and World Taekwondo Federation from 1962 to the present and to propose an amendment of Taekwondo competition rules. There were four periods in Taekwondo competition rules. Taekwondo competition rules created in 1962 by the Korea Taekwondo Association. In 1973, world Taekwondo Federation was estalished and made a new competition rules. In 1988 seoul Olympic games, Taekwondo was adopted olympic demonstration events. Taekwondo rules were revised for the Games. In the Sydney olympic Games where Taekwondo was adopted regular event, Korea got three gold and one silver medals. But there were something to be desired for the rules of Taekwondo for the competition. Therefore, the amendment proposals Taekwondo competition rules are suggested as follows. 1. The duration of competition is proper for three rounds of two minutes with one minute of rest between rounds. 2. Spectators and T.V watchers will have more fun and attraction through the graduated scoring system(차등득점제) which is requiring high qualified techniques of competitions. 3. The current prohibited acts are divided into Kyong-go(경고) and Gam-jeam(감점).Gyung-go has 15 items and Gam-jeon has 8 items, It is necessary to simplify 23 items for spectator's better understanding Taekwondo Competition. 4. Actually the contest area doesn't need to be changed now. But if it is necessary, 9m * 9m contest area is better to change. 5. It is necessary to control weight class according to the law of statistics.

TPP 투자챕터의 실체규정 - 한중FTA와의 비교를 중심으로-

정찬모 전북대학교 동북아법연구소 2016 동북아법연구 Vol.10 No.1

환태평양동반자협정(TPP)이 2016년 2월 4일 서명되어 참가국의 비준을 앞두고 있다. TPP 투자챕터의 실체규정은 지난 수십여 년 간 투자협정의 운용에 대한 경험을 바탕으로 외국인 투자보호에 충실을 기하면서도 투자유치국의 공공정책 시행을 위한 신축성과의 균형을 맞추려는 노력의 현주소를 보여준다. 네거티브접근법을 취하여 설립 시에서부터 무차별대우를 보장하는 것을 원칙으로 한 것, 이행요건금지의 구체화 등에서 보듯이 투자시장의 개방 폭과 투자보호의 실질화에서 TPP가 한중FTA보다 넓고도 두텁다. 한국과 중국 양국이 적극적인 해외투자보호 정책을 취한 결과, 한중FTA도 일단 이루어진 투자의 보호에 있어서는 만전을 기하려는 의도가 투자의 정의를 넓게 규정한 부분 등에 나타난다. 하지만 최혜국대우의 적용에 있어 지나치게 광범위한 예외를 인정한 것, 고위경영진 및 이사회 구성 관련 요건 금지 규정의 부재 등은 한중FTA의 한계와 그 규범의 명확성과 충실도를 제고할 필요를 노정한다고 할 것이다. 후속 협상에서 이 부분에 진전이 있기를 기대한다. TPP가 투자보호와 국가공공정책 간에 균형을 도모하고자 노력한 것은 투자계약의 정의, 분쟁해결에의 최혜국대우 적용배제, 간접수용에 해당하지 않는 정당한 규제조치와 예외조치의 명시 규정 등에 나타난다. 이와 같은 TPP 투자챕터의 균형감각은 한중FTA 후속협상을 비롯한 한국의 향후 국제투자협정 체결과정에 적극적으로 수용할 필요가 있다. The Trans-Pacific Partnership (TPP) was signed in February 4, 2016 and awaits ratification of the Parties. The investment chapter of the TPP, taking lessons from the past practices, tries to balance the need for foreign investment protection and flexibility of the parties for the public policy objectives. Besides the refined investor-state dispute settlement procedure, TPP takes negative approach, i.e. no restriction unless mentioned, as a default principle applying from the establishment of an investment. As a whole, the scope of investment liberalization is wider and the level of protection is higher in the TPP than in Korea-China FTA. The investment chapter of Korea-China FTA, despite its broad definition of the concept of investment, lacks clarity and important provisions such as those on performance requirement and appointment requirement of senior management and boards of directors. The most-favored nation treatment principle also needs to be widened in its application. The balancing efforts of TPP between investment protection and public policy objectives are reflected in the provisions such as the definition of investment agreement, exclusion of MFN treatment in the dispute settlement, and the exception clauses. The sense of balance of the TPP investment chapter should be learned for the future investment treaties including the follow-up negotiation of the Korea-China FTA.

전략적 제휴의 경쟁법적 고찰

정찬모 한국규제학회 2001 규제연구 Vol.10 No.1

21세기 아시아 체육과 스포츠의 진로

정찬모,정진욱 한국체육사학회 2001 체육사학회지 Vol.7 No.-

Physical education and sports not only increase an individuals physical strength and health but also influence the politics, economics and culture of a society by bringing vitality to the nation. In this aspect, this paper proposes the direction in which the Asian athletics and sports should go in the 21st century. First, major Asian countries including Korea, China and Japan should strengthen solidarity and cooperation to maintain regional peace through the exchange of every kind of sports. For this purpose, athletes should join their efforts and take the initiative to achieve regional sports games and active exchange of sports between every country and also between North and South Korea. Second, prior education and practical plan must be set up for more efficient use of leisure time created by economic development and shorter working hours. The quality of leisure time is proportional to economic development. It can also be the source of productivity. Therefore, adequate research and development of sports programs and efficient dissemination of results on the field must be carried out. It is also important to arrange sports facilities and take necessary steps to make sports become part of peoples lifestyle. This will make healthy people through healthy bodies. Third, we must strive for equal development of school sports, societal sports, and elite sports through mutual interaction. These three things will brighten the future of Asian physical education through improving peoples confidence, physical power and health, and national competition. Elite sports will encourage peoples confidence in the forefront: societal sports will support elite sports with the peoples health; and school sports will provide chance for education and practice for the above two kinds of sports. Fourth, we must carry out research and development in sports industries with potential for future success. As the society moves away from industrialization and experiences rapid change of economic stagnation, physical education to develop the mind, body and personality will be the main part of post-industrial society. Therefore, we need research and development in sports marketing, facilities industries, and sports information and service industries. Fifth, to improve and quality of life and to realize social welfare, we have to pay attention to physical educational activities of our youth and elderly. The youths are our future, therefore, we must provide more advanced programs in which the youths can train their minds and bodies. These programs should be organized according to national tradition and historical background. Furthermore, sports should be made to play an important role to solve social problems of senior citizens. By lessening the generational gap with the youth, increasing the quality of life, and improving mutual understanding, elderly sports programs will bring about a positive social response. Sixth, we must attain active exchange of sports and physical education among Asian countries. The 21st century will witness the rapid globalization of sports and physical education. Since sports has global diversity, it is easy for culture and values to spread worldwide through sports. Therefore, regional games, such as Asian Games, East Asian Games, and Asian Universiad, or exchange of sports between nations will be increased. To solve the foreseeable problems in diverse areas as mentioned above, it is necessary to foster exchange between international physical education organizations and national organizations.

고려시대 무예체육의 발달과정에 관한 연구 : 弓射궁사를 중심으로

정찬모 한국체육사학회 2003 체육사학회지 Vol.12 No.-

The purpose of this study was to investigate an describe the actual state and developmental process of Martial Art(Archery) in the period of the Koryeo(高麗) Dynasty. Kungsa(Korean archery) is a martial art of the longest standing even practiced in the prehistoric age and the bows or famous for their excellent quality at that time. The bows in those days could be classified into Dangung(檀弓), Gaokgung(角弓), Kyeonggung(梗弓), and Segung(細弓), while the arrow into Kosi(고矢) Chukjeon(竹箭), Sejeon(細箭), Yuyeopjeon(柳葉箭), Daewoojeon(大羽箭), and Pyeonjeon(片箭). In Koryeo a separate military recuiting agency called Songunbyeolgam(選軍別監) was set up where candidates for the military service were tested on their skills in archery and kings ordered virtually all of their subjects ranging from civilian military officials to ordinary farmers to practice shooting with bows and arrows on a regular basis and personally spot-checked its execution. In addition, various martial arts including archery were offered as regular course work in Kangyeje of Kulcjagam and special archery units called Kyeonggung and Sagung(射弓) were established. As a result, many expert archers were produced, let alone the further development of archery skill itself. Representative archers in those days included such king of Koryeo as Yejong and Uijong and such famous generals of Koryeo as Ko Yeol(高烈), Kim Kyong-Yong, Choi Jeong(崔珽), Sea Gong(敍恭), Ki Tak-Seong(奇貞誠), Kim Yun-Hwue(金允候), Lee Ja-Seong(李子晟).

오픈마켓의 불공정행위 분쟁사례를 통해본 공정거래법과 전자상거래소비자보호법 적용상의 쟁점

정찬모 한국외국어대학교 법학연구소 2017 외법논집 Vol.41 No.3

Distribution market shifts from off-line to online, from PC to mobile. Competing with global firms like eBay, Amazon and Alibaba, Korean markets for online shopping have grown rapidly at 20 percentage annually, reaching the amount of 65.6 trillion KRW in 2016 outpacing off-line markets such as department store and supermarket chains. After discussing the cases concerning the application of the Korean Fair Trade Act (KFTA) and the Electronic Commerce Consumer Protection Act (ECPA), this paper concludes with the following observations. First, the Korea Fair Trade Commission applied the prohibition of abuse of dominant market position to open market behaviour which requests shops in the market do not deal with its competitor. The FTC decisions however were appealed and quashed by the courts in that the illegality of the exclusive dealing requirement were not proved. It is suggested that the FTC rely either on the prohibition of unfair dealing or that of disruption of commerce of other undertakings until economic analysis of open market becomes mature. Second, open market failed to inform customers that their online display of products and shops depended on the amount of advertising payments. The FTC imposed only minor penalties on the breach of the ECPA, thus failed to correct the unfair business practices. Imposition of higher level of penalty is called for. Third, despite the defects above mentioned, the necessity to enact additional legislation besides KFTA and ECPA is not substantiated. 유통시장이 오프라인에서 온라인으로, PC에서 모바일로 이동하고 있다. 국제적으로는 이베이, 아마존, 알리바바 등이 눈부신 성장을 지속하고 있으며, 국내적으로도 온라인 쇼핑의 규모가 매년 20%에가까운 고성장을 통해 2016년 65조6천억원에 달해 대형마트, 수퍼마켓, 백화점, 편의점 등을 넘었다. 온라인 쇼핑의 대표적인 유형이 오픈마켓이다. 현재까지 오픈마켓에 공정거래법과 전자상거래소비자보호법을 적용한 사례를 분석한 결과는 다음과 같이 요약될 수 있다. 먼저, 기존 오픈마켓의 입점자에 대한 정책이 신규 경쟁사업자의 시장 안착을 방해하는 전략에서 행해지는 데에 대하여 공정거래위원회는 시장지배적 지위를 남용한 부당한 배타적 거래로 파악하고 접근하였으나 이는 당해 법위반 형태의 부당성 요건을 충족하지 못한다는 법원의 판단을 받아 좌절되었다. 구체적 사안에 따라 다르겠으나 오픈마켓 운영시장에 대한 경제적 분석이성숙하기 전까지는 향후 유사한 사건이 발생하는 경우 불공정거래행위금지규정이나 시장지배적지위남용중 다른 사업자의 사업활동 방해행위 금지규정을 적용하는 것을 대안으로 제시한다. 둘째, 오픈마켓이 화면상에 입점자들의 상품을 배열, 노출하는 순서는 광고비 수수의 과다에 의해 좌우되고 있음에도이를 구매자에게 솔직하게 고지하지 않는 행태는 전자상거래소비자보호법상의 부당한 표시 금지규정등을 적용해왔으나 제재의 강도가 미약하여 시장의 관행을 바꾸지 못하였는바 과징금부과를 비롯한시정조치 강화가 필요하다. 셋째, 이러한 결함에도 불구하고 전체적으로 오픈마켓의 문제행위를 공정거래법과 전자상거래소비자보호법으로 규율하는 데에 별도의 입법을 필요로 할 정도의 법체계상 부족함은 드러나지 않고 있다.

멕시코 通信서비스 WTO 事件

정찬모 법무부 2004 통상법률 Vol.- No.58

This case note reviews WTO case (DS204) on Mexico - Measures Affecting Telecommunications Services. It is the first panel finding on disputes relating to GATS and telecommunications services. In this case, the panel held that:(a) Mexico has not met its GATS commitments under Section 2.2(b) of its Reference Paper since it fails to ensure that a major supplier provides interconnection at cost-oriented rates to United States suppliers for the cross-border supply, on a facilities basis in Mexico, of the basic telecommunications services at issue ;(b) Mexico has not met its GATS commitments under Section 1.1 of its Reference Paper to maintain "appropriate measures" to prevent anti-competitive practices, since it maintains measures that require anti-competitive practices among competing suppliers which, alone or together, are a major supplier of the services at issue;(c) Mexico has not met its obligations under Section 5(a) of the GATS Annex on Telecommunications since it fails to ensure access to and use of public telecommunications transport networks and services on reasonable terms to Unitedservice suppliers for the cross-border supply, on a facilities basis in Mexico, of the basic telecommunications services at issue;(d) Mexico has not met its obligations under Section 5(b) of the GATS Annex on Telecommunications, since it fails to ensure that United States commercial agencies, whose commercial presence Mexico has committed to allow, have access to and use of private leased circuits within or across the border of Mexico, and are permitted to interconnect these circuits to public telecommunications transport networks and services or with circuits of other service suppliers. On the other hand, the Panel has found that : Mexico has not violated Section 2.2(b) of its Reference Paper, Section 5(a) and Section 5(b) of the GATS Annex on Telecommunications, with respect to cross-border supply, on a non-facilities basis into Mexico, of the basic telecommunications services at issue;This case is worthy of note in the following points. First, Mexican GATS specific commitments at issue is quite similar to those of Korea. Second, it is confirmed that the current international telecom calls originating from foreign countries are Mode 1 supply of services. Third, the panel followed a pro-open market interpretation of the regulations when they are obscure. Fourth, the reference paper was confirmed as a useful tool for open market and fair competition. Finally, this case will accelerate changes in international accounting system.

FTA 전자상거래 장(章)의 변천과 과제 -한·미FTA, 한·중FTA, TPP를 중심으로-

정찬모 경북대학교 IT와 법연구소 2017 IT와 법 연구 Vol.0 No.14

With the global economic depression, the growth rate of world trade remain behind the average economic growth. Policy makers who are worrying about this situation find new opportunities in digital trade. Against these economic and policy considerations, the Trans-Pacific Partnership ( TPP) incorporates provisions concerning electronic commerce which are new to the previous Free Trade Agreements (FTAs). This paper compares Electronic Commerce Chapter of the TPP with those of the Korea-US FTA and Korea-China FTA among others. The Korea-US FTA provided a template for the following FTAs. The E-Commerce Chapter of the Korea-China FTA evaded imposing strict obligations on the Contracting Parties and offered a programmatic best effort message. It reveals weaknesses in substantive as well as procedural aspects. We may find its value in that it lays down foundations for future cooperation and development. The TPP, on the contrast, includes a provision on personal data protection which was absent in the Korea-US FTA and maintains the provision on free-flow of information which was absent in the FTAs China has made. It has thus recovered the balance between personal data protection and information free flow. The TPP also introduces new provisions on the principle of internet interconnection charge sharing, location of computing facilities, unsolicited commercial electronic messages, and source code protection.