제29회 학술대회 지정토론-프랑스의 HLM(저임대료주택)과 주택정책 토론요지

이은기 한국토지공법학회 2001 土地公法硏究 Vol.14 No.-

이탈리아 說敎畵에 나타난 宗敎現狀 <13세기∼15세기>

李銀基 牧園大學校 1987 論文集 - 牧園大學校 Vol.13 No.-

공법교육에서의 이론교육과 실무교육의 조화

이은기 서강대학교 법학연구소 2008 서강법학 Vol.10 No.2

Korean law school system aims to change the system of choosing lawyers from selective examination system which has lasted for about sixty years to educating lawyer system. Now we meet a turning point of adequately mixing deductive reasoning method of legal education and inductive reasoning method by introduction of U. S. law school system. This two methodologies are contrary to each other. But these days the countries of Anglo- American law system and those of Continental law system are using other's methodology in legal education. So we must to pay attention to the fact that two methodologies are approaching mutually. Some professors misunderstand that 'practice' of practical education in korean law school is mere activity of writing legal documents like a complaint or a letter of complaint for lawsuit and learning lawyer's skills. Practical learning in law school is synthesis of every legal education on legal reasoning methods as like discovering law (involving legal theory and statutes)or improving ability of legal reasoning to resolve actual human problems. These activities are comprehensively called "lawyering" in U. S. law school. Professors who have practical career as an attorney at law or a judge or a prosecutor(as they say 'practical professors')have used judical precedents for resolving actual cases during practical working period. Therefore practical professors have to teach precedents discriminately to students analyzing reversely and reproducing concerned cases as complete actual case in comparison to theoretical professors' teaching method. Theoretical professors and practical professors who have to produce capable lawyers(problem-solver) must cooperate to achieve congruence between theoretical education and practical education of public law in korean law school. Basically law school is the educational institute where they educate practically capable lawyers. And jurisprudence is practical study. The relationship between legal theoretical education and practical education is same as the relationship of wagon's two wheels which can't operate respectively. Legal theories which don't correspond with legal practices will gradually disappear and legal practices without back-up of legal theories are mere forms. Communication between legal theoretical professors and practical professors have to be made everywhere and every time. That is the shortcut to reduce trior and error relating to legal education in a short time. Finally, we must abstain from making light of teaching public law in law school. We have to be afraid of making a mistake which ignores the reality that law school graduates will be not only lawyer but also public official, politician and pressman. In this thesis I emphasized the importance of proper understanding on 'practice' of legal practical education and of achieving congruence between legal theoretical education and practical education in korean law school.

환경행정판결을 통해 본 공익실현의 명(明)과 암(暗)

이은기 한국행정판례연구회 2017 행정판례연구 Vol.22 No.2

The purpose of administrative law is to ensure that government agencies exercise their power in the public interest. Environmental administrative law protects the public interest by ensuring legal accountability for environmental harms. Environmental litigation involves the comparison and analysis of competing public and private interests. Such cases are classified into public interest lawsuits and private interest lawsuits, with the former further classified into solely public interest lawsuits and private-protective public interest lawsuits. Over the last 50 years, Korea has enacted significant legislation aimed at protecting the environment: the Act on the Prevention of Pollution was enacted in 1963, the Environmental Preservation Act in 1977, the Waste Control Act in 1986, the Basic Environmental Policy Act, the Atmospheric Environment Preservation Act, and the Water Environment Preservation Act in 1990, the Environmental Impact Assessment Act in 1993, the Soil Environment Preservation Act in 1995, and the Basic Low Carbon Green Growth Act in 2010. Administrative judicial decisions have also developed in interpreting and enforcing such legislation. First, there have been cases on the protection of private environmental interests where such interests conflict with public interests. For example, there was the briquette factory case of 1975, where a third party was named the plaintiff as the housing environmental interest of nearby residents was considered the ‘legal interest’; the forest management plan case of 1989, where the request to log the forest in Gyeongju National Park was rejected; the pharmaceutical company’s discharge facility development case of 1992; the nuclear power generator site of 1998, which named the nearby fishermen as the plaintiffs due to environmental impact of radiation and hot wastewater discharge; the Yangyang water power generator case of 1998, which officially declined an environmental organization's (Uiryeong Preservation Society) qualification as plaintiff; and the Jeju Gangjeong Village’s Naval Base Case of 2012, which declined the need to collect civil opinion when the governor decided to reduce the Green Belt area of natural environment. The Saemangeum judgment of 2006, which is also called the Newt judgment, and the Four River (Han River Part) judgment of 2015 were cases where national interests conflicted with environmental public interests (including environmental private interests). There were both positive and negative effects in protecting private environmental interests in these cases, however, there were only negative effects when public interests conflicted. In discussing the above-decisions, it is possible to understand that the concepts of development and environmental protection clearly conflict between public and private interests and between public interests. Courts should provide clear and concise standards to apply in order to ensure a sustainable balance of environmental protection and economic growth. In doing so, courts can bridge the positive and negative effects of environmental administrative law decisions where public and private interests conflict. 행정 그리고 행정법은 공익실현을 목표로 한다. 환경행정도 환경이라는 공공재를 보호하기 위한 공익실현행정이므로 환경행정판결에서 법관은공익과 사익, 공익 상호간의 비교형량을 통해 보호되어야 할 공익이나 사익을 선택해야 한다. 환경행정소송은 공익소송과 사익소송으로, 공익소송은다시 순수형 공익소송과 사익보호형 공익소송으로 나눌 수 있다. 우리나라 주요 환경입법의 연혁을 살펴보면, 1963년 공해방지법, 1977 년 환경보전법, 1986년 폐기물관리법, 1990년 환경정책기본법, 대기환경보전법, 수질환경보전법, 1993년 환경영향평가법, 1995년 토양환경보전법, 2010년 저탄소녹색성장기본법 순으로 제정되었다. 이러한 환경입법의 발전에 따라 환경판례도 그에 상응하여 진전해 왔다. 우선 환경공익과 환경사익이 충돌한 경우에 환경사익의 보호여부에 대해 판단한 사건들이 있다. 예를 들면, 연탄공장 인근주민의 주거환경이익을‘법률상의 이익’으로 보아 행정처분의 상대방이 아닌 제3자에게 원고적격을최초로 인정한 1975년 연탄공장사건, 경주국립공원내 임야벌채신청을 반려한 1989년 산림관리계획허가신청반려처분취소사건, 1992년 제약회사의 배출시설설치허가취소사건, 방사능과 온배수 배출로 인한 인근 어민의 환경적악영향을 이유로 원고청구를 인용한 1998년 원자력발전소 부지사전승인처분취소사건, 환경단체(우이령보존회)의 원고적격을 공식적으로 부인한 1998 년 양양양수발전소 전원계획취소사건, 도지사의 자연환경 절대보전지역축소결정시 주민의견수렴절차의 필요성을 부인한 2012년 제주강정마을 해군기지사건 등이다. 또한 국가적 공익과 (환경사익을 포함한)환경공익이 충돌한 경우로는2006년 새만금판결과 속칭 도롱뇽판결, 2015년 4대강(한강부분)판결을 들수 있다. 기존판결들에서 환경사익의 보호 관점에서는 명(明)과 암(暗)이교차되었으나 공익과 공익이 충돌한 측면이 강한 새만금판결과 4대강판결에서 보는 바와 같이 환경공익의 보호 관점에서는 암(暗)만 있었다. 위와 같은 환경행정판결들을 되돌아봄으로써 우리는 개발과 환경보전이라는 두 가지 이념이 공익과 사익, 공익 상호간에서 극명하게 충돌하는현장을 살펴볼 수 있다. 환경공익소송과 환경사익소송에서 계속될 두 이념, 두 보호법익 간의 충돌현장에서 법원이 보다 합리적이고 명료한 이익의 비교형량기준을 정리, 제시함으로써 환경행정에서 환경보전과 경제성장을 지속가능하게 조화시켜 나가도록 향도해야 할 것이다. 그것이 그동안 공익과사익, 공익과 공익이 충돌하는 환경행정판례에 드리워진 명과 암의 간극을줄이는데 일조할 것이다.

참회의 막달라 마리아: 중세 말 이탈리아의 막달레나 이미지와 신앙

이은기 서양미술사학회 2009 서양미술사학회논문집 Vol.30 No.-

The Mary Magdalene’s legend, that says she was a prostitute but became a saint through her penitent, had been formed from South France, but expended in Italy in the thirteenth and fourteenth Century. Magdalene, who had appeared in part at the Jesus’s passion scene, began to appear in the independent altarpiece and frescos in the chapel from this period. The story of Magdalene painted in the panel of <Santa Maria Magdalena> in Florence Academy, in frescoes in Renuccini Chapel in Santa Croce and Magdalene Chapel in Inferior Church in Assisi, tells us that Magdalene was a prostitute but after the meeting of Jesus, she was converted and became one of the most beloved apostles of Christ. After the death of Christ she had preached to the pagans and her body was covered with long hair like a hermit with the penitence at the desert for 30 years . Her cult try to persuade to repent in order to be saved as we can see at the scroll that reads : “Do not despair, those of you who are accustomed to sin, and keeping my example, return yourselves to God.” In fact, this panel is used as an effective tool of persuasion. Mary Magdalene was emphasized by the mendicant orders, especially by the Franciscan Confraternity that approached the religion more emotionally. She is grieving beneath the Cross with Saint Francis in the fresco of Saint Francesco Church. From this period she has been expressed as a woman who wails bitterly with the red mantle underneath the foot of Christ. This is the pictorial image of the song of Lauda at Good Friday Mess in 14th century. It sings, “I, sorrowful Magdalene, throw myself to the bottom of Your feet. By doing so, my sin would be cleaned. He calls me. He calls me, never leaving me.” Mary Magdalene is the fabricated saint for persuading to make atonement. Then, why was a sin of the prostitute chosen among many kinds of human sins? Perhaps it was because it was a period of asceticism. The virginal purity was a primary condition of sanctity as we can see that the marriage of the clergyman was prohibited from this period. This fastidiousness of purity in the era enforced penitent even on a widow because she is not pure. The body of penitent Mary Magdalene was covered with long hair after her hermit life. But her image was changing from the end of 13th century: her long hair in the fresco in Madalene Chapel at Assisi is no longer stiff as in the altarpiece of the early 13th Century. Her beautiful blond hair falling on her white body reminds us a Venus. Magdalene’s long hair and her nude get a double allusion. Her long hair implies not only her past life as a prostitute but also the hermit practice at the end of her life. Her nude also retains her sexual attraction and purity simultaneously. The origin of the image of Mary Magdalene is that of Venus. The man-made legend, the penitent Magdalene covered with long hair, wears the clothes of repentance, associated with Venus. It is a contradictory irony for sensualism to survive under asceticism in Medieval Era. Mary and Eve represent binary interpretation of womanhood in the Middle Ages: purity and impurity, innocence and sin, humility and arrogance. Even if the medieval Christianity forced to adore a Virgin Mary intending to asceticism, they needed a penitent Saint to control the irresistible sensuous desire. The legend and the cult of Mary Magdalene were made for this purpose and her images in the altarpiece and frescos were the effective instrument to persuade spectators and devotees into this penitence to survive.

환경단체의 원고적격 부여문제

이은기 서강대학교 법학연구소 2009 서강법학 Vol.11 No.1

I tackle on the question of conferral of standing to sue upon environmental nongovernmental organization in this article. Basically environmental interest is general and collective. Our country's related acts doesn't confer standing to sue upon nongovernmental organization except consumers' protection organization and stock exchange- related organization in traditional concepts of standing. As environmental problem is related to damages of wide region, lots of adversely affected peoples and special character of public interest, the class action or action by organization is needed. Legal issues of this case was whether neighbouring residents or environmental nongovernmental organizations who are also the third party of administrative agency's action have legal interest to sue or not. Our supreme court decided that not only neighbors who don't reside in environmental impact assessment-needed region but also citizens, mountaineers, photographers, scholars, corporations for environmental protection have not standing to annul the agency's approval of water power plant construction plan owing to damages to their environmental interest, because environment-related acts didn't prescribe their environmental interest as individual, direct, con-crete interest. But American Supreme Court decided that the plaintiff Sierra Club has standing to sue if it or its members had special interest doing leisure activities like hiking, camping, canoeing, skiing and etc. in developer's plan proposed Mineral King Valley region. I am inconvenienced by not having such judicial decision as American Sierra Club case in our country. Whether environmental nongovernmental organization who is the third party of administrative agency's action has legal interest to sue or not depends on legislation policy. Finally I think it is needed to confer standing to sue upon organization for environmental protection and conservation fighting for public interest to conserve the Only One Earth for future generation. But I don't deny that it is confusing question between revitalization of working for the public benefit and politicalization of judgement.

하자있는 환경영향평가를 거친 행정처분의 판결이유에 관한 재검토 소고 ― 반복된 판박이 대법원 판시이유에 대한 비판 ―

이은기 한국공법학회 2017 공법연구 Vol.45 No.3

As the decision on the administrative case is directed to the administration by the law, it is not exaggerating to stress the importance of legal logical decision and its rhetoric(sentence) in the process of conclusion of judgment while conclusion itself is important. In this regard, there are many problems in the judgment of the Supreme Court on the illegality of environmental administrative action such as the approval, license and permission of the Supreme Court under the defective environmental impact assessment. The Supreme Court concluded, “If the action is done without proper environmental impact assessment, the action is illegal. However, if such procedures are followed but the content of the environmental impact assessment is defective, when it is not the same case as the action without environmental impact assessment because the assessment is poor to the extent to which the degree of impairment cannot achieve the purpose of legislation of the environmental impact assessment system, the level of deficiency is only a factor in judging whether there is an illegal act of deviating or abusing the discretion to the action of the approval. The deficiency itself is not a cause of illegality for such approval action” which has been repeated like a copy. In particular, when it comes to the phrase ‘if it is not the same case as the action without environmental impact assessment’, it means that the Supreme court gives an indulgence to the administrative agency based on a perception of environmental impact assessment as a rite of passage. It seems that they have followed the US Supreme Court's tendency to respect the administration's judgment. Although it is understood that it is a result of taking into account the opportunity cost or burden cost that has been put in place after the selection of the location, or to prevent the no action of the business, the rhetoric went too far. The current legislation has introduced a strategic environmental impact assessment, which has reduced the scope for such excuses. As the environmental impact assessment is not an administrative action, the judicial review should be carried out at the stage of illegality examination of the administrative action such as licensing and approval of the project. Thus, it is problematic if the judicial review of the environmental impact assessment is carried out after the administrative action. In order to overcome the timely and structural limitations of such judicial review, if the strategic environmental impact assessment is performed properly in the process of project plan as a stage prior to the administrative action, it will be possible to adopt a non-implementation alternative to the project. Thus, it will prevent waste of socio-economic costs such as suck of investing expenses before the environmental impact assessment. Of course, the strategic environmental impact assessment by the administrative agency in the environmental administration practice is likely to be practically more serious than the environmental impact assessment in terms of scope and strength of the review. But, it is still doubtful if it is carried out deeply enough to preoccupy qualitative superiority. Therefore, there is a desperate hope that copy statements that seem to abandon the judicial judgment for almost 20 years should be corrected. 행정사건에 대한 판결은 행정을 향도하는바, 판결의 결론도 중요하지만 결론에 이르는 판결이유에서 법논리적 판단의 표현인 문구의 중요성은 아무리 강조해도 지나치지 않다. 판결이유는 행정사건의 향도적 역할을 하기 때문이다. 그러한 관점에서 볼 때 그동안 대법원이 부실한 환경영향평가를 기초로 해서 행해진 인ㆍ허가, 승인 등 행정처분의 위법성 판단에서 내린 판결이유는 문제가 많다. 그러한 판결에서 대법원은 “환경영향평가를 거치지 아니하였음에도 승인 등 처분을 하였다면 그 처분은 위법하다. 그렇지만 그러한 절차를 거쳤다면, 비록 그 환경영향평가의 내용이 다소 부실하다 하더라도, 그 부실의 정도가 환경영향평가제도를 둔 입법 취지를 달성할 수 없을 정도이어서 환경영향평가를 하지 아니한 것과 다를 바 없는 정도의 것이 아닌 이상, 그 부실은 해당 승인 등 처분에 재량권 일탈ㆍ남용의 위법이 있는지 여부를 판단하는 하나의 요소로 됨에 그칠 뿐, 그 부실로 인하여 당연히 해당 승인 등 처분이 위법하게 되는 것이 아니다”라는 판시이유를 판박이(카피)처럼 반복해 왔다. 특히 ‘그 부실의 정도가 환경영향평가제도를 둔 입법 취지를 달성할 수 없을 정도이어서 환경영향평가를 하지 아니한 것과 다를 바 없는 정도의 것이 아닌 이상’이라고 표현한 문구는 환경영향평가를 통과의례 정도로 보는 인식에 기초하여 행정청에 면죄부를 주고 있는 것에 다름 아니다. 위와 같은 판결이유는 미국 연방대법원이 행정부의 판단을 존중하는 경향과 맥락을 같이 한다. 입지선정후 그동안 투입된 기회비용 또는 매몰비용을 감안한 결과라거나 사업의 비시행(No Action)을 막을 수밖에 없어 한 판결이라고 이해한다 하더라도 위와 같은 문구는 지나치다. 현행법상 사업계획단계에서 전략환경영향평가가 도입되어 그러한 변명의 여지도 줄어들었다. 환경영향평가는 행정처분이 아니므로 환경영향평가에 대한 법원의 심사는 행정처분이 발해진 사후에 이루어진다. 전략환경영향평가가 제대로 이루어진다면 사업의 비시행 대안이 가능해지므로 환경영향평가전 투입비용의 매몰현상 등 사회경제적 비용의 낭비를 방지하고 사후적 심사의 한계도 줄어들 수 있을 것이다. 환경영향평가의 부실에 대한 법리판단을 하고도 이를 포기한 듯한 표현으로서 환경영향평가를 통과의례화로 할 우려가 있음에도 거의 20년 동안 지속되어 온 문제의 문구는 속히 교정되어야 할 것이다.

廢棄物管理法制와 廢棄物處理措置命令取消訴訟

이은기 한국행정판례연구회 2008 행정판례연구 Vol.13 No.-

This thesis aims to study on the waste management and control. Deposit waste means waste which is deposited owing mainly to work stoppage, business financial difficulties, bankruptcy. It is obligation for the environmental agency to prevent pollution of the environment or harm to man by removing illegally deposited waste. Our waste management act doesn’t generally define the notion of deposit waste but indirectly defines relevant to guarantee system of deposit waste. The legal issues of this case are whether the waste management license is theoretically patent or licence and whether the annulment disposition of deposit waste disposal order is discretionary action or not and legal character and adequacy of negligence fine. To acquire the waste management licence, an applicant of entrepreneur has to equip necessary facilities, equipment and technical ability. So that it is a patent in spite of provisional expression of license and exclusive status in authorized area. The order of art.10 sec.2 is the ground of regarding the waste management licence as patent because of protecting licensee’s monopolistic minimum interest in his authorized large area over ward. It is administrative agency’s discretion whether it give the waste management license to applicant of entrepreneur or not. It’s not obligation for environmental agency to give an applicant of entrepreneur who meet the requirement of the waste management licence. In this case, the Supreme Court had annulled the appellate court’s decision and had sent it to review once more declaring that the waste management entrepreneurs’ association was not responsible for removing over one and half times as large as the permitted deposit wastes in proportion as the waste management guarantee system was responsible for that. Even though waste management administration is regulative administration for public interest, Responsibility of the waste management entrepreneurs’ association should be limited within the scope of the waste management guarantee system because the institution is managed at associator’s expense payment by monthly installments. In my opinion, the Supreme Court’s decision is realistically rational under our waste management guarantee system. 방치폐기물은 넓게는 폐기물배출업자나 폐기물처리업자가 조업중단, 경영부실, 도산 등의 이유로 폐기물을 정상적으로 처리하지 않고 방치한 폐기물이다. 현행 폐기물관리법에서는 방치폐기물에 대한 일반적 개념정의를 하지 않고 방치폐기물처리보증제도와 관련하여 간접적으로 정의하고 있다. 대상판결에서 논의할 수 있는 법적 쟁점은 우선 폐기물처리업 허가는 강학상 특허인가 허가인가의 문제 그리고 방치폐기물처리에 대한 조치명령이 재량행위인가 기속행위인가의 문제, 마지막으로 피고가 조치명령을 이행하지 않고 있던 원고에게 부과한 과태료의 성격과 그 적절성 여부에 관한 것으로 요약된다. 폐기물처리업 허가를 받으려면 특별한 시설·장비 및 기술능력을 갖추어야 하고 허가받은 영업구역에서 독점적 지위와 권리를 갖는다는 점을 감안할 때 법문상 명칭은 허가이지만 특허로 보아야 할 것이다. 법시행령 제10조 제2항은 구 단위 이상의 광역적 지역을 최소한의 영업구역으로 하여 허가 받은 자의 독점적 이익을 보호하여 폐기물처리업허가를 특허로 볼 수 있는 근거로 볼 수 있다. 폐기물처리업 허가여부는 행정청의 재량에 의한 행위이다. 따라서 폐기물처리업허가가 일정한 요건을 충족하면 행정청으로서는 반드시 허가를 해야 하는 경우가 아니다. 폐기물처리법의 목적, 동법 제25조의 문언과 일정한 시설·장비 및 기술능력을 갖춘 폐기물 처리업자에게 허가받은 영업구역 내에서 영업상 독점적 지위를 부여하는 수익적 행위이며 정책적 재량행위로 볼 수 있다. 판례도 폐기물처리허가처분을 재량행위로 보고 있다. 이 건에서 피고가 폐기물관리법 제40조 제2항에 의해 ‘원창’에게 방치폐기물의 처리를 명했음에도 이를 이행하지 아니하자 피고는 동조 제3항 제1호에 의해 원고에 대하여 한 방치폐기물처리 조치명령을 내렸고 원고가 그 처분의 취소를 구하였다. 여기서 피고가 한 방치폐기물처리 조치명령은 작위하명으로서 위 폐기물조치법에 기한 행정처분인바 재량행위, 기속행위 중 어느 것에 해당하는지가 문제된다. 대상판결은 폐기물관리법에 의해 설립된 폐기물처리공제조합에 대한 지방환경청의 방치폐기물처리조치명령처분을 함에 있어서 폐기물처리공제조합의 조합원인 폐기물처리업체가 방치한 폐기물에 대한 처리책임범위를 처리업체 허용보관량의 1.5배 이내로 한정함으로써 보증보험, 이행보증금예치제도 등 다른 폐기물처리이행제도와 균형을 맞추어야 한다는 이유로 조합원인 처리업체가 방치한 폐기물전량에 대해 내린 명령을 적법하다고 본 원심판결을 파기였고 환송받은 부산고법은 허용보관량의 1.5배를 초과한 처분들은 위법하다는 이유로 모두 취소하였다. 폐기물처리행정이 환경보전이라는 공익을 목적으로 한 규제지만 조합원인 폐기물처리업체의 분담금으로 운영되는 폐기물처리 공제조합의 성격상 그 책임범위는 보증보험 등 다른 폐기물처리이행보증제도와 비교하여 그 책임제한 한도와 균형을 맞춘 것으로서 비례의 원칙에 비추어 볼 때 대상판결의 입장은 타당하다.

시에나의 카타리나 이미지: 성인전과 실제 사이

이은기 미술사연구회 2013 미술사연구 Vol.- No.27

Stories about lives of female saints near the end of Middle ages are endowed with similar characteristics. They are immaculate virgins, obedient and pious. They persevere fasting and penance. They experience mysterious spiritual events. Catherine of Siena(1347∼1380) one of those female saints, but she also possessed extraordinary qualities, such as writings and political power. About eighty years after her death, she was canonized in 1461. She is revered as the saint of Italy, also the patron saint of Europe. She also received papal recognition as Doctor of the Church. Meanwhile, according to modern scholars, Catherine of Siena was a very different person from the Catherine as described in hagiography and in the paintings. The images of Catherine produced between fourteenth century and sixteenth century present her as pale and flabby as a result of her continuous fasting(fig. 4). Panel paintings produced during 1460s highlights mysterious aspect of her life by depicting her experiences of visions(fig. 7~12). Murals at the Chapel of Saint Catherine of Siena, which was built during sixteenth century to commemorate her, strongly emphasize her fasting and vision. Meanwhile, her experiences of writing(fig. 14) and political participation(fig.13) are diminished in importance. The paintings that convey scenes of her life which follow the contents of hagiography that almost resemble legends. It is told that Catherine began fasting since the age of fifteen. She reduced sleep, fastened her waist with iron belt, and flagellated herself using a whip with metal ends. The self-denial and self-sacrifice through fasting was a method of cultivating perseverance. However, it was also a condition which enabled a woman to preach to the public, cultivate her knowledge and political power in the era when many things were prohibited to women. In this context, Dominican order may have highlighted her fasting and mysterious experiences to silence the cacophony aroused by her participation in politics. Among Catherine’s mysterious experiences, the most representative ones are ‘miracle of stigmata’ and ‘marriage to Jesus.’ However, the ‘miracle of stigmata’ was also experienced by St. Francesco of Assisi two centuries ago(fig. 19) and ‘marriage to Jesus’ was a legend of Catherine of Alexandria who was the patron saint of Siena(fig. 20). These mysterious anecdotes may have been applied to Catherine’s life. Catherine is said to have experienced other visions too. The idealization of her visions may have been done by Raymond of Capua who played important role in her sanctification. Catherine left more than 400 letters to the numerous powerful figures, not only Popes and Cardinals, but also Kings and Queens, the political leaders of her era. The language of these letters is powerful and eloquent, resembling an oration by the general who encourages his soldiers. However, Raymond of Capua obscured Catherine’s courage and extraordinary qualities, saying “Lord taught her to read.” He even said that her words were not her own but those transmitted from the Lord(fig. 14). Modern scholars interpret this as a way to defend Catherine by describing her as ignorant and weak woman. For the last ten years of her life, she devoted herself to solving the political and diplomatic problems of the Church. She convinced Pope Gregory XI residing in his papal palace at Avignon to return to Rome. She prevented war by making peace between the Pope and the city of Florence. During the Great Schism, she went Rome to help Pope Urban VI, and died there. When woman could not act outside the boundaries of the house, she displayed extraordinary political capacity. However, none of such qualities is described in her hagiography or in the paintings. As women were regarded as ignorant and weak, when they show their insight and vision, such qualities were thought as their gift from god. When the church became entangled in overwhelming political crisis, it dep...

이브 : 욕정의 對象에서 인류의 祖上으로 : 14~5세기 이탈리아에서의 이브인식의 변화 Changes in Eve Images in the 14th~15th Century Italy

李銀基 미술사연구회 2004 미술사연구 Vol.- No.18

Images of Eve as an agent of temptation or an object of lust, were counterparts to the images of the Virgin Mary in the Medieval period, and underwent changes in the 14th-15th centuries. Earlier Medieval images of Eve in which the artist had avoided a detailed representation of the female body, changed to beautiful female nude like Venus and was given a saintly halo. Eve was admired as the originary mother of the humankind and also as a the first woman to take on female role within the family. As the figure of Eve allowed artists to paint the female nude in a Biblical context, it reflected certain social implications for the female body. Pictorial interpretations of Adam and Eve provided an image of sex partners between men and women and of the institution of marriage. Under the ascetic values of the Church Fathers, relatively liberal relationships between men and women, as they had existed in earlier ancient society, were received as negative relationships. Sexual relations, marriage and Paradise were believed to be as incompatible as the Paradise and death. The new ascetic doctrines held that it was only possible to ascend to the Paradise through the protecting of one's virginity or by practicing celibacy. This renunciation of the body by the Church Fathers proscribed that one refuses the woman equated as they were designed to tempt men For The Church Fathers, woman was the origin of temptation and, in consequence, Eve was seen as its representative figure. Woman, Eve, the snake, and the feeling of lust, became vaguely related in the collective sense of misogynistic imaginary(fig 4). As a counterpart to the seductive Eve, the Virgin Mary was exulted as the ideal woman, an exemplary figure to represent the ideologies of obedience, virginity and modesty. Mary was the figure who might redeem man for Eve's sin. And an image in the manuscription from Salzburg illustrates the distinction between Mary and Eve as a virgin and a lust, as life and death(fig 5) The Maesta(figs. 6~8) of Ambrogio Lorenzetti was based upon these doctrines, but represents a new Eve at the same time. In this Image of Eve, positioned at the feet of the Virgin Mary, shows us her inscription, "I committed the sin for which Christ, whom this Queen bore m her womb, suffered the Passion for our Salvation." Despite the aforementioned doctrinal dualism of the two types of women, Eve is shown reclining and adorned in a diaphanous gown like Venus. Interestingly, this is not a misogynistic representation. In her hand Eve holds not the apple of temptation but a fig as a symbol of the humankind. In other examples of this type, Eve is no longer a sinful temptress but a respectable woman. In Madonna and Child (figs. 11, 12) by Paolo di Giovanni Fei, Eve has a polygonal halo indicative of a non-Christian holy figure Eve reclines wearing a semi-transparent gown and, accompanied by her two sons showing us her inscription: "In sorrow I bring forth." In this panel Eve is represented not as a temptation for Adam, but as a mother who brought humankind. The idea of Eve as an ancestor of Jesus is illustrated clearly in the altarpiece of The tree of life in Landesmuseum (fig. 13). Adam and Eve stand under a tree with a Crucifix and are crowned with perfectly circular halos. The ideal halos here represent the doctrine that Christ, his redemption of mankind originated with these first humans. An Eve figure, holding a distaff like lance on the mid-15th century fresco, The Great Men and Women, in the Villa Carducci, near Firenze contributes yet another different representation from the lustrous Eve that we have seen. Painted by Andres del Castagno, his illusionistic view makes Eve's image appear more heroic(figs. 15~17) The distaff, a symbol of woman's labor, is a new element which appeared after the 14th century, when the importance of labor and professoin was beginning to be recognized. In his text on Art, Cennino d' Andrea Cennini begins with the book of Genesis. According to Cennini, as a result of God's punishment, "Adam, the beginning and father of us all realized theoretically that some means of living by means of labor had to be found And so he started with the spade, and Eve, with spinning. Man afterward pursued many useful occupations. Labor was no longer seen as a punishment, it was a gift through which humankind could find meaning. Andres del Castagno's Eve in Villa Carducci was depicted as a famous woman with her merit of being called as the first worker. During the 14th~15th centuries, the earlier dualistic representation of a sinful Eve and redeeming Virgin Mary was reformed. Eve, the first mother of humankind, came to represent the virtue of labor. Her image was employed not as an Illustration of the Genesis story but as the first working woman among the famous men and women represented on the walls of room m a private Villa Carducci.