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한국몽골학회> 몽골학> 전근대 몽골 법률자료의 들불 관련법의 검토

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전근대 몽골 법률자료의 들불 관련법의 검토

An Examination of the Premodern Mongolian Legal Materials on Wildfire-related Regulations

이평래 ( Lee Pyungrae )
  • : 한국몽골학회
  • : 몽골학 56권0호
  • : 연속간행물
  • : 2019년 02월
  • : 73-101(29pages)

DOI


목차

1. 서 론
2. 몽골제국 시기 들불 관련법
3. 정치분열 시기 들불 관련법
4. 이민족지배 시기 들불 관련법
5. 결 론
6. 참고문헌

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초록 보기


						
This study analyzes wildfire-related clauses of the premodern Mongolian legal materials and based on the analysis, it examines the endeavors the premodern era Mongolian had made in order to prevent wildfire and to conserve nature.
The Mongolian’s traditional trade is nomadism. Nomadism utilizes nature at it is. In a traditional sense, a nomadic life signifies livestock feeding on the grass of the prairie, which is part of the Mother Nature, and humankind relying on livestock and its by-products. In this respect, it is not an exaggeration to claim that nomadism is the most eco-friendly way of living among the many ways of living that humankind have created. Nature is the life and source of the nomad, who conform to the cyclical system of nature, livestock, and mankind. In order for the nomad’s lives to continue, harmonizing with nature is essential. Because of it, the Mongolian cultivated their unique view of nature, which is to treasure nature and to conserve it. Over the course of history, the Mongolian had put great effort in protecting and conserving nature.
As a natural consequence, the act of destroying nature had been strictly regulated, and without exception, the premodern legal materials had relevant regulations. Needless to say, the main culprit that leads to destruction of nature is wildfire. It not only consumes plains and forests but also takes away humans, animals, and assets, and the lives of wild animals at once, and it devastates the prairie, thus, a major catastrophe that results in the demolition of foundation of the lives of the nomad. This is why wildfire-related penalties were implemented and heavily regulated as a threat to the safety of the public over the course of the history of Mongolia, The modern Mongolian law follows this tradition in a broader view. This demonstrates how seriously the Mongolian have contemplated the wildfire issue, which still continues in the modern Mongolia. Seen from this point of view, the wildfire issue is not of the past but of the present. Therefore, analyzing the legal materials and a variety of taboos to prevent wildfire is meaningful not only as a history of law but also as an important clue for understanding the Mongolian’s tradition of protecting nature.
Therefore, this study categorizes the premodern Mongol into three periods and analyzes the wildfire-related regulations that were enacted in each period, and examines these regulations have changed and developed with of time and the ways in which the Mongolian had put effort into protect their space of living. The discussion centers on the Mongol empire period(13th to 14th century), the political division period(16th to 17th century), and the ruling of other nations period(18th to 19th century), and the conclusion examines the ways these tradition of the premodern wildfire-related regulations are reflected in the modern legal materials.

UCI(KEPA)

간행물정보

  • : 인문과학분야  > 동양사
  • : KCI등재
  • :
  • : 계간
  • : 1229-7097
  • :
  • : 학술지
  • : 연속간행물
  • : 1993-2019
  • : 635


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1돌궐 빌개 카간(Bilga Qaγan) 비문 속의 한국고대사 관련기록 검토 - 특히 발해의 등주(登州), 도산(都山)전투를 중심으로 -

저자 : 박원길 ( Park Won-kil )

발행기관 : 한국몽골학회 간행물 : 몽골학 56권 0호 발행 연도 : 2019 페이지 : pp. 1-72 (72 pages)

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Bilge Khagan is the second Khagan of the Turk second empire. Bilge Khagan Inscription was built on September 20, 1935. As a research results of this inscription, records of Korean ancient history appeared in five places. First, Bukli[iLqub], which was inscribed on the inscription [E5], proved to be Goguryeo, and cöl(lu)gil[LGLuc] was a result of hyperbole. These are the funeral delegations sent by the Pyeongwon king of the Goguryeo and Jinhung King of Silla dynasty during the funeral of the 3rd Mukhan Khagan who died in 572. Second, Bukli Khagan which appears in the inscription [E8], is the Turkic troop mobilized by Tang during the war for the attack of Koguryeo. The period is from 631 to 681. These Turkic cavalry are likely to be cavalry units of Asïnas Se'er(?) who was mobilized during the Taichung's Ryudong attack in 645. Third, the inscription [E18] [E20] was proved to be related to the Goguryeo people's group led by Gomungwan(高文簡) and Gohongui(高拱毅) who traveled to Tang in August 715. Fourth, Tongker mountain(都山) recorded in the inscription [S7] [S8] appeared as a ferocious battlefield of the Allied Turks, Kitans, and Bohai troops between the Tang army in the leap March of 733.

2전근대 몽골 법률자료의 들불 관련법의 검토

저자 : 이평래 ( Lee Pyungrae )

발행기관 : 한국몽골학회 간행물 : 몽골학 56권 0호 발행 연도 : 2019 페이지 : pp. 73-101 (29 pages)

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This study analyzes wildfire-related clauses of the premodern Mongolian legal materials and based on the analysis, it examines the endeavors the premodern era Mongolian had made in order to prevent wildfire and to conserve nature.
The Mongolian's traditional trade is nomadism. Nomadism utilizes nature at it is. In a traditional sense, a nomadic life signifies livestock feeding on the grass of the prairie, which is part of the Mother Nature, and humankind relying on livestock and its by-products. In this respect, it is not an exaggeration to claim that nomadism is the most eco-friendly way of living among the many ways of living that humankind have created. Nature is the life and source of the nomad, who conform to the cyclical system of nature, livestock, and mankind. In order for the nomad's lives to continue, harmonizing with nature is essential. Because of it, the Mongolian cultivated their unique view of nature, which is to treasure nature and to conserve it. Over the course of history, the Mongolian had put great effort in protecting and conserving nature.
As a natural consequence, the act of destroying nature had been strictly regulated, and without exception, the premodern legal materials had relevant regulations. Needless to say, the main culprit that leads to destruction of nature is wildfire. It not only consumes plains and forests but also takes away humans, animals, and assets, and the lives of wild animals at once, and it devastates the prairie, thus, a major catastrophe that results in the demolition of foundation of the lives of the nomad. This is why wildfire-related penalties were implemented and heavily regulated as a threat to the safety of the public over the course of the history of Mongolia, The modern Mongolian law follows this tradition in a broader view. This demonstrates how seriously the Mongolian have contemplated the wildfire issue, which still continues in the modern Mongolia. Seen from this point of view, the wildfire issue is not of the past but of the present. Therefore, analyzing the legal materials and a variety of taboos to prevent wildfire is meaningful not only as a history of law but also as an important clue for understanding the Mongolian's tradition of protecting nature.
Therefore, this study categorizes the premodern Mongol into three periods and analyzes the wildfire-related regulations that were enacted in each period, and examines these regulations have changed and developed with of time and the ways in which the Mongolian had put effort into protect their space of living. The discussion centers on the Mongol empire period(13th to 14th century), the political division period(16th to 17th century), and the ruling of other nations period(18th to 19th century), and the conclusion examines the ways these tradition of the premodern wildfire-related regulations are reflected in the modern legal materials.

3北元重臣太保哈剌章攷述

저자 : 溫旭 ( Wen Xu )

발행기관 : 한국몽골학회 간행물 : 몽골학 56권 0호 발행 연도 : 2019 페이지 : pp. 103-119 (17 pages)

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As ch'ieh-hsieh怯薛 aristocratic family Bogorcu's博爾朮descendants, t'ai-pao太保 Qara-Jang哈剌章was active in politics in the early North Yuan Dynasty. He was Yuan Huizong Toqon-temur's ch'ieh-hsieh kuan 怯薛官, honest and dare to admonish, served successively as chien-ch'a Yu-shih監察御史, ts'an-chih cheng-shih參知政事, tso-ch'eng 左丞, p'ing-chang cheng-shih平章政事and chih-yuan知樞密院事at yu-shih t'ai 御史台, chung-shu sheng中書省, shu-mi yuan樞密院. Qara-Jang accompanied Yuan Huizong to be evacuated from Ta-tu大都and was invested with Hu kuo-kung徐國公 and t'ai-pao. After Yuan Huizong's dead, Qara-Jang continued to assist Yuan Zhaozong Ayosiridara 愛猷識理達臘. During Toqus-temur Khan's time, Qara-Jang didn't surrender to the Ming Dynasty. He appeared again in the Ming Taizu records≪明太祖實錄≫as a t'ai-shih太師in Hong-wu twenty-ninth year.

4현대몽골어의 원인ㆍ이유의 의미를 나타내는 일부 어미 및 구문에 대한 고찰 - 탈격 '-аас4' 와 도구격 '-аар4' 어미를 중심으로 -

저자 : 김기선 ( Kim Kisun )

발행기관 : 한국몽골학회 간행물 : 몽골학 56권 0호 발행 연도 : 2019 페이지 : pp. 121-139 (19 pages)

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The cause reason syntax is a form which illustrates an psychological attitude of speaker for certain situation. A basic form of in Korean is mostly modal expresstion, such as '-아/-어', '-(아/어)서', '-(으)니까', '-(으)므로' For Mongolian, one-to-one correspondence with four basic forms of Korean which are modal ending such as '-(아/어)서', '-(으)니까' is virtually impossible. However, in Mongolian is mostly modal expresstion, such as '-аас4', '-аар4', '-сан4 учир', '-сан4 тул' and modal particle which are verified to be used as one-to-multi correspondence.
The cause reason syntax modal expression in Korean is able to be divided into two forms. First one is an adverb of manner and second one is a modal expresstion which is composed of a grammatical collocation.
This study attempts to compare and analyze the two languages in terms of syntactical and semantic feature in the cause reason syntax modal expression. The purpose of the study is to investigate the commonalities and differences between two languages specifically by reviewing syntactical feature and semantic feature with comparing and analyzing syntactic functional difference.
A study by Ю.Мeнх-Амгалан(2014) defined modal expression of the cause reason syntax. Based on the researches which have conducted on the cause reason syntax modal expression, this study reviews what kind of preceding component can be seen with the cause reason syntax modal expression in syntactic perspective. This study also compares and analyzes how the cause reason syntax modal expression is different each other in terms of semantic perspective, apart from common meaning. With this analysis, the study compares and analyzes modal expression in Mongolian in response to the cause reason syntax modal expression in Korean.
Therefore, we can verify that it is not possible for one-to-one correspondence, but possible for one-to-multi correspondence between Mongolian and Korean in the way of realizing the cause reason syntax modal expression.

5契丹語基數詞 “一, 四, 五”及其他

저자 : 包阿如那 ( Bao Aruna )

발행기관 : 한국몽골학회 간행물 : 몽골학 56권 0호 발행 연도 : 2019 페이지 : pp. 141-152 (12 pages)

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With the continuous discovery and publication of the original materials of the Khitan scripts and the gradual accumulation of relevant research results, the interpretation level of the inscription of the khitan scripts has been increasingly improved. Based on the gender difference of the cardinal numerals from “one” to “ten” in Khitan language, the present study interprets cardinal numerals □(one), □ (four), □(five) with masculine gender and ordinal numeral (the fifth) in the liter ature of Khitan large sctipt, and further examines cardinal numerals □(two), □(three) with masculine gender.

6關于契丹大, 小字的區別

저자 : 趙哈申高娃 ( Zhaohashengaowa )

발행기관 : 한국몽골학회 간행물 : 몽골학 56권 0호 발행 연도 : 2019 페이지 : pp. 153-165 (13 pages)

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The Khitan people have once used two scripts named Khitan large script and Khitan small scripts. The former was created in 920, while the latter was created a bit later than that. Although the two scripts record the same language, they differ in such aspects as glyphs, fonts, and nature. The present paper first introduces the creation time and application scope of Khitan large and small script. Then it describes the characteristics of some inscriptions in Khitan large and small script. In addition, it presents the characteristics of Khitan large and small scripts. The former is with more glyphs and complex font, while the latter is with fewer glyphs and simple font. Finally, the different views of scholars on the nature of Khitan large and small script are listed, and the ideographical feature of Khitan large script and phonetic feature of Khitan small script are expounded through examples.

7몽골과 북한에서의 전환기 정의(Transitional Justice) - 유형적 연계성과 후기공산사회에서의 정치변동의 관점에서 -

저자 : 허만호 ( Heo Man-ho )

발행기관 : 한국몽골학회 간행물 : 몽골학 56권 0호 발행 연도 : 2019 페이지 : pp. 167-207 (41 pages)

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Despite Mongolia's successful “Democratic Revolution,” the “settling of past accounts” has not be so successful. “The Law on Rehabilitation and Granting of Compensation to Victims of Political Repression” has restored the impaired reputation of about 31,000 victims and compensated rare survivors or remaining family members. However, there has been no identification or punishment of the perpetrators and originators of such crimes against humanity from the previous socialist regime.
The aggressive and sadistic ruling behavior of Kim Jung-un in North Korea does not bode well for long-term dynastic survival. Thus, preparations are needed for radical or gradual political change in North Korea, including a focus on the national reunification of Korea. “Transitional justice” will be an essential component for establishing the identity and legitimacy of a unified Korean society, and will require investigating the crimes against humanity committed under the socialist regime and Kim dynasty, identifying and punishing the perpetrators, and providing reparation for the many victims. Accordingly, the current research identifies references from the Mongolian case as regards the typical connectivity and political change in a late-communist society.
Restraining actual human rights violations is a prerequisite for instituting transitional justice. In the case of an illegal system, all related documents will be crucial evidence. Therefore, such documents should not be destroyed or lost during the reunification process. In a unified Korean society, the general impact of transitional justice, identity, and legitimacy will be key considerations. Thus, “settling past accounts” should not cause new conflicts.

8세가지 이론적 관점을 통한 몽골과 중국 내몽골자치구의 거시경제자료 비교 및 해석

저자 : 강임호 ( Imho Kang )

발행기관 : 한국몽골학회 간행물 : 몽골학 56권 0호 발행 연도 : 2019 페이지 : pp. 207-240 (34 pages)

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This paper attempts to compare the economic levels and performances of Mongolia and Inner Mongolia Autonomous Region (Inner Mongolia) in China through three theoretical perspectives on global economic development and growth. Three theoretical perspectives can be explained as follows. Diamond (1997) argues that in world history, each ethnic history is determined not by biological differences but by environmental differences. Acemoglu and Robinson (2012) argue that the rise and fall of a country is determined by the differences in political and economic systems rather than geographic environmental differences. Henry (2013) argues that even with the same inclusive political economic institutions, discipline in economic policy is more crucial to national economic growth.
The results of this paper are as follows. First, according to Diamond (1997), the geographical differences between the two regions show that Inner Mongolia can be divided into Ordos region and other regions, and that their per capita GDPs based on PPP may not be much different between Mongolia and Inner Mongolia without Ordos region. Secondly, according to Acemoglu and Robinson (2012), the evaluation of both regions by the inclusion of political economy system shows that in Mongolia the political system is inclusive but the economic system is not so compared to China or Inner Mongolia which succeeded in reform and opening. However, to the Mongolians in Inner Mongolia, the economic system may still be exploitative. Third, according to Henry (2013), in terms of the discipline of economic policy, the problem of deficit financing in Inner Mongolia can be solved domestically in China, whereas the severe government deficit of the Outer Mongolia causes the foreign exchange crisis and inflation. These findings suggest that the understanding of Mongolia and Inner Mongolia can be deepened through mutual comparison.

9몽골 정부의 공공투자사업에 대한 역량강화 사례연구 - 투자 체크리스트의 개발을 중심으로 -

저자 : 배득종 ( Bae Deuk Jong )

발행기관 : 한국몽골학회 간행물 : 몽골학 56권 0호 발행 연도 : 2019 페이지 : pp. 241-263 (23 pages)

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This study reveals the heuristic way of consulting is effective when Mongolian officials of Ministry of Fianance develop a methodology for prioritizing public investment projects. The study provided them a series of capacity-building workshops for three-year period from 2016 to 2018. Korea's preliminary feasibility system was introduced, and analysis methods such as Multi-attributive Utility Technique, Cost Benefit Analysis, AHP, and Checklist were passed on.
Through this process, the “investment checklist” was chosen as the best methodology for the Mongolia. It is the selection upon considering the current status of insufficient human resources and administrative practices of the Ministry. This study carried out additional workshops on checklist methods, and a heuristic approach was applied to allow the officials to develop their own models. The developers then suggested diverse creative ideas which were reflected in the Order of Minister of Finance enacted in December 2018. All the spending ministries and agencies now must use the Mongolian-developed checklist when they make budget request for every new investment project.
The factors that made this research successful seem to be 1) the need for users, 2) the development by autonomic environment, 3) the creative potentials inherent in the Mongolians, and 4) the methodology representing reality. The most important lesson is that if you make the trainees the subjects of exploration, they become potent.

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