『성찰(省察)의 서(書)(Kitab al-Iʿtibar)』 (우사마 이븐 문끼드 지음, 김능우 역주, 서울대학교출판문화원,

김능우 명지대학교(서울캠퍼스) 인문과학연구소 2019 인문과학연구논총 Vol.40 No.4

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아랍 주시(酒詩)의 발전과정에 관한 고찰 : 자힐리야 시대부터 이슬람력 2세기까지

김능우 한국아랍어아랍문학회 2001 아랍어와 아랍문학 Vol.5 No.1

This paper aims at taking view of the development process of classical Arabic wine poetry during the period ranging from Ja­hili­y Age go A.H. 2nd century, in addition, it is from the cultural view point planned to search the background about Islam's prohibition of liquor for Moslems. Data of Arabic wine poems in Ja­hili­y Age shows that the Arabian men before Islamic Age enjoyed drinking wine, regarding it as symbol of manlihood and heroic temper. Through prohibited by religious doctrine in Islamic Age, wine has never been away from the Arab's minds which were thirsty for 'open hearts' and man's mental freedom During A.H. 1st-2nd century In Islamic Age, may wine poems have been composed by Arab poets, some of them such as al-Akht¸al, Abu­ Nuwa­s and al-Wali­d bn Yazi­d enjoyed for themselves drinking wine and expressed vividly the effects of drink in verses. Arabic wine poetry with the change of times has been undergone some developments in its form and contents. In most wine poems of Ja­hili­y Age the theme of wine has been used as one of thematic parts forming the framework of the poems. Therefore Ja­hili­y poets neither gave a full account of wine, nor expressed wine drinker's mental state, and their poems are limited to superficial observation and description of the external shapes of wine. Also Ja­hili­y poetry shows its limitations of development in that there are few wine verses delivering the poets' experiences of drink and the effects of drink in theirs mind. While Islamic Age witnessed appearance of many poets enjoying drink and expressing their mental state under the influence of drink. Among them, al-Akht¸al of Umayyah Age left poems concentrating on wine theme, conveying the romantic taste of drinkers, and his wine poems are characterized by refinement in description and expression. Khalifah of 'Abbas Dynasty, al-Walid bn Yazid's wine poems are peculiar in including his view of life that he pursues freedom, not bound by religious doctrine. His wine poems which extend narrative of wine to reflection on man's life are proof of the astonishing development of Arabic wine poetry. After al-Wali­d, Abu­ Nuwa­s was a luminary in wine poetry. Abu­ Nuwa­s who had inclination for urban life rather than for Bedouin life indulged in wine, seeking freedom of thinking and conduct through his life and in his wine poetry. He composed many wine poems in which he combined his disappointed love, his doubt about religious life and his profound knowledge of philosophy and religious doctrine. His wine poetry is not only excellent in rhetorical devices, but also is outstanding in dealing with diverse and interesting topics concerning wine. Moreover Abu­ Nuwa­s in his wine poems treated of subject of existentialism through his reflection on vanity in life and man's destiny.

무슬림들의 대십자군 전쟁사 개관 : 1차 십자군 원정 (1096년) 부터 쌀라흐 알 - 딘 시대 말 (1193년) 까지 from the First Crusade (A.D.1096) to the End (A.D.1193) of Salah al-Dln's Era

김능우 한국이슬람학회 1998 한국이슬람학회논총 Vol.8 No.1

사우디아라비아의 이슬람 정책 연구

김능우 명지대학교 중동문제연구소 2001 중동문제연구 Vol.2 No.-

Sarf (아랍어 형태론)에 대한 개관과 아랍어동조의 형태론적 고찰

김능우 한국중동학회 1988 韓國 中東 學會 論叢 Vol.9 No.-

자힐리야-이슬람 전환기의 아랍시 연구

김능우 한국아랍어아랍문학회 2004 아랍어와 아랍문학 Vol.8 No.2

This thesis aims at studying the aspects of change and confusion in Arabic poetry, which a transition stage between Jahiliya and early Islamic Age -i.e. Mukhadram Period- gave rise to. Prophet Muhammad expressed his anger and animosity toward poets who launched verbal attack against him and Islam. But historical data prove that Muhammad himself neither considered the poetry a sort of sin, nor prohibited it. He encouraged Moslem poets to write poems as means of depending Islam against pagan Arabs. Arab Poets in this period are divided into two groups according to their attitude toward new era of Islam. The first group comprises poets who were faithful to Islam and engaged actively in propagating their religion. Most of their poems are ideological ones characterized by reflection on religious doctrine, and inspirations by Koranic expressions. Those who belong to the second group are the poets who embraced Islam but did not completely rid themselves of Jahiliya ethos. Some of their poems imply that they were still attached to the old custom, feeling regret for the passing of Jahiliya Age. In this regard, Ka'b ibn Zuhayr's poem 「Bānat Su‘ād(Su‘ād has departed)」 is noteworthy, in that though its main subject is the praise of Prophet it follows Jahiliya way of writing poem, as shown in its containing of manifold themes and depicting of Prophet as a valiant warrior.

신용장 서류심사에서 사기 원칙의 적용에 따른 문제 해결을 위한 블록체인 기술 활용에 관한 연구

김능우 한국무역통상학회 2022 무역통상학회지 Vol.22 No.4

In the event of fraud using weaknesses in the principle of independence of the letter of credit, the bank is not responsible for the authenticity, forgery, or legal effect of the presented document. In addition, if the bank deems that there is no reason to doubt the validity of the document, it shall pay the price. However, even if a bank is obligated to pay a consistent presentation in accordance with the principle of independence of the letter of credit, if it recognizes that there has been fraud by the beneficiary in advance, it must comply with the principle of good faith to issue clients and refuse payment. This fraud rule has a problem of making banks bear the burden of proof of fraud and undermining the independence, which is an essential characteristic of the letter of credit. This problem is expected to be largely solved by applying the blockchain technology to L/C transactions, because the blockchain has characteristics such as stability, economy, and transparency in that it discloses information to all parties. If L/C transactions using blockchain are popularized, problems arising from the application of the fraud rule to the examination of L/C documents can be fundamentally solved. Therefore, this study attempts to find problems caused by the application of the fraud rule in the document review of L/C and solutions to problems through L/C transactions based on blockchain technology.

은행서류심사에서 ISBP745상 서류일치성 판단기준의 적용과 해석

김능우,이양기,김동윤 한국국제상학회 2017 國際商學 Vol.32 No.4

Purpose : This study tries to fill a gap between the court’s standard and bank’s standard of examination of documents by the comparison of judicial precedents of court with ISBP. Research design, data, methodology : This paper reviewed and analyzed terms, “to correspond with” and “not in conflict with” in ISBP745 and related cases. Results : According to this paper, principle of strict compliance does not require slavish conformity to the terms of letter of credit in ISBP745. Currently, when courts decide that whether the bank’s dishonor is proper or improper, they focus on the fact that whether the discrepancy or confliction in the presented document is commercial or non-commercial. Conclusions : This paper shows that, if there are some discrepancies in the presented document, the point of the complying presentation is whether these discrepancies are commercial discrepancies that impact to the underlying transaction involves the sale of goods or not. In ISBP745, they provide that data in a document “not in conflict with data in the credit”, but the term, “not conflict with”, as the standard of honor or dishonor by bank, is too ambiguous to understand. So bank tries to understand that term more clearly. UCP600 그리고 ISBP745상에서 은행의 지급의무 이행을 위한 서류일치성 여부를 판단함에있어 경상의 원칙이 적용되고 있지는 않다. 일치하는 제시의 여부를 판단함에 있어 불일치는신용장거래의 근거계약에 영향을 미치는 불일치와 신용장거래 내용에만 영향을 미치며 은행의 권한 내에서 해결가능 한 불일치로 구분 할 수 있으며, 서류상의 불일치가 어떠한 것인가에 따라서 지급의무의 이행여부가 결정된다. 이에 본 연구에서는 ISBP745에서 서류일치성 판단기준으로 제시하고 있는 “일치할 것(to correspond with)” 그리고 “상충되지 않을 것(not in conflict with)”이라는 개념에 초점을 맞추어 이를 실무적으로 적용하고 해석하기 위한 방법에 대하여 검토하였다. 그리고 신용장의내용과 서류상의 내용이 어느 정도 일치하는 경우 상충되지 않는 것으로 볼 수 있는지, 또한신용장의 내용과 서류상의 내용이 상충되지 않음을 판단함에 있어서 어떠한 구체적인 해석기준이 적용되고 있는지를 분석함으로써 서류상의 불일치를 이유로 발생할 수 있는 지급거절을사전에 예방하고 지속적으로 감소하고 있는 신용장의 사용 비율을 높일 수 있는 방안을 찾고자 한다.

블록체인 기술 적용을 통한 신용장거래의 비서류적 조건 문제의 해결에 관한 연구

김능우 한국통상정보학회 2022 통상정보연구 Vol.24 No.1

Non-documentary Conditions that occur when the beneficiary does not specify the documents to be presented in the document examination is one of the representative problems of L/C transactions. In principle, if non-documentary conditions are included, the bank is supposed to ignore them, but in some cases, they are recognized. However, acknowledging non-documentary conditions will undermine the essential characteristics of the L/C and increase the bank's responsibility to determine whether to pay. These problems are expected to be largely solved by applying blockchain technology to L/C transactions. This is because the blockchain has characteristics such as stability, economy, and transparency in that it allows all parties to disclose and access information, not a structure in which a specific party monopolizes information. Therefore, if L/C transactions using blockchain are commercialized, problems arising from recognizing the validity of non-documentary conditions can be fundamentally solved. However, there are many challenges to be solved in order to commercialize L/C transactions based on blockchain technology. This study seeks to find problems related to non-distributive conditions in L/C transactions, solutions to problems through L/C transactions based on blockchain technology, and commercialization of L/C transactions. 서류심사 과정에 수익자가 제시하여야 할 서류를 구체적으로 명시하지 않는 경우 발생하는 비서류적 조건(Non-documentary Conditions)은 신용장거래의 대표적인 문제점 중 하나로, 원칙적으로 비서류적 조건이 포함되어있는 경우 은행은 이를 무시하게 되어 있지만 경우에 따라 인정되기도 한다. 하지만 비서류적 조건을 인정하는 경우 신용장의 본질적인 특성이 훼손된다는 것과 대금 지급 여부를 결정하는 은행의 책임부담이 가중되는 문제점이 발생하게 된다. 이러한 문제는 블록체인 기술을 신용장거래에 적용함으로써 상당 부분 해결할 수 있을 것으로 기대되는데, 블록체인은 특정 당사자가 정보를 독점하는 구조가 아닌 모든 당사자에게 정보를 공개하고 접근할 수 있도록 하고 있다는 점에서 안정성, 경제성, 투명성 등의 특성을 가지고 있기 때문이다. 따라서 블록체인을 활용한 신용장거래가 활성화된다면 비서류적 조건의 유효성을 인정함에 따라 발생하는 문제를 근본적으로 해결할 수 있다. 그러나 블록체인 기술 기반의 신용장거래를 활성화하기 위해서는 해결되어야 할 과제들도 다수 존재하고 있어 본 연구에서는 신용장거래에서의 비서류적 조건과 관련한 문제점과 블록체인 기술에 기반한 신용장거래를 통한 문제 해결방안 및 신용장거래의 활성화 방안을 모색하고자 한다.

알무타납비의 카푸르 풍자시 “축일(祝日)이여, 어쨌든 너는 돌아왔느냐?” 고찰

김능우 한국아랍어아랍문학회 2020 아랍어와 아랍문학 Vol.24 No.3

This paper aims to understand the world of al-Mutanabbī s poetry. Through the translation and annotation, it tries to analyze his satiric poem against Kāfūr, Oh, a feast! Anyway, have you come around again? . It deals with its subject and satirical style, as well as the poet s intention. First, by reading the poem analytically regarding al-Mutanabbī s personal history, this paper demonstrates his political ambition with its roots in Arabism he had nursed since his heady days of youth. Frustrated by his political failure in Egypt, he composed this satiric poem against Kāfūr as a retaliatory measure. Second, in this poem, al-Mutanabbī did not neglect the satire s formal aspects even when he attacked Kāfūr by slander and ridicule with personal feelings. Aware of the satire s social functions, he tried to find Kāfūr s personal flaws, such as his humble origin as a black slave. Linking them to the political and social contexts, he attempted to arouse anti-Kāfūr sentiment among Egyptians. Third, although this poem functions as a satiric poem formally equipped with social and political causes, it is al-Mutanabbī s personal hatred and antipathy toward Kāfūr that dominate the poem. Ultimately, the poet s original intention lying behind the satire was to release his pent-up anger, which had long been repressed. Overall, al-Mutanabbī, throughout the composition, harmonized logical reasoning with feeling on the on hand and objectivity with subjectivity on the other and this symmetry situates the poem right in the position of a satiric poem.