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Not everything you can eat in Korea is going to be delicious. Many foreigners come here and right off the boat the moment they eat anything, they say it’s “delicious”. It doesn’t even matter what it is. It may not even be Korean food!
Don’t get me wrong, there are many, many foods here that are completely and utterly addictive. There’s no questioning that.
HOWEVER, there will be some things here available to eat that you’d probably wish were not available.
Here’s my list of 4 of them. Happy dining!
ESL, Travel, and Judo!
His creativity has impressed millions and has brought Ben to all corners of the globe, including Korea. Last year, he held "The Universe of Ben Heine"- his first exhibition in Asia- at the Hyehwa Art Center. (I could kick myself for not knowing about it when it was on!) With such interesting pieces using a number of artistic techniques, he attracted a lot of attention from his Korean audiences; particularly of interest were his works featuring some of Seoul's most famous landmarks.
As busy as this multi-talented artist is, Ben kindly took some time this week to discuss his art, his experiences in Korea, and what he's got planned for the future.
Seoul Searching: In a nutshell, who are you, where do you come from and what do you do?
Ben Heine: I'm an artist best known for my original series "Pencil Vs Camera", "Digital Circlism" and "Flesh and Acrylic". I was born in 1983 in Ivory Coast and currently live and work in Rochefort, Belgium. I have a degree in Journalism and I am a self-taught person in drawing, digital photography and electronic music. My creations have been exhibited widely in Europe and more recently in Asia. My favorite art movements are Surrealism, Pop Art, Geometric Abstraction, Expressionism and Social Realism. I started creating electronic music in 2011. A documentary about my work was released in 2012.
Your "Pencil Vs Camera" pieces have become incredibly popular, all the world over. How did you get started using this particular and rather unique form of art?
I was tired of separating my 2 passions (drawing and photography). I really wanted to mix both of them. This is how the Pencil Vs Camera concept was born in 2010.
Your work has taken you to all corners of the world, including Korea. What sticks out in your mind the most about the time you spent here?
OK, I stayed a lot in Gangnam when I visited Seoul. I was impressed by the high number and the beauty of all the futuristic buildings in Gangnam... truly impressive. I also enjoyed visiting Gyeongbokgung Palace and Cheonggyecheon, where I made Pencil Vs Camera images. More generally, I really loved how the traditional meets the modern in Seoul.
Your sketches of Gyeongbokgung Palace and the Cheonggyechon Stream in downtown Seoul are incredibly imaginative. What was the inspiration behind them?
Gyeongbokgung Palace was the place of different wars and tragedies (first constructed in 1395, later burned and abandoned for almost three centuries, reconstructed in 1867, then destroyed by Imperial Japan in the early 20th century...), this is what I wanted to express by showing the building being attacked by a giant dragon. Fortunately the building has been gradually restored back to its original form. The other creative project I made at Cheonggyecheon shows space shuttles taking off from the heart of the city. It is about underground life and new technologies in Korea.
You've no doubt inspired a lot of people with your exceptional creativity and notable talent. What else do you hope to accomplish through your work in the future?
I really want to progress in electronic music. This is something I started 2 years ago. It's far more complex than graphic art, I hope I'll have enough time to develop new musical concepts.
You can view more of Ben Heine's art on his Flickr stream and his website. You can also check out Ben's music on SoundCloud.
Words and interview by Mimsie Ladner of Seoul Searching. Images by Ben Heine. Content may not be reproduced unless authorized.
- See more at: http://90daykorean.com/10-unusual-korean-foods-for-the-daring/#sthash.jKH2SXBH.dpuf
Learn to read Korean and be having simple conversations, taking taxis and ordering in Korean within a week with our FREE Hangeul Hacks series: http://www.90DayKorean.com/learn
With nearly 230 responses, it was tough trying to figure out who gave the best response to the question:
How would your life improve if you learned to speak Korean?
There was an interestingly wide variety of answers to say the least. The winning responses were fantastic though. Check it out here:
This is the first of two part series (one, two) I wrote for the Lowy Institute last month. I have the feeling that the centenary of WWI this summer has gone to everyone’s head, because I’m reading lots of posts all over the place about WWI and the parallels to the Asia-Pacific. And while there are some, a lot of this is hype. Northeast Asia is actually pretty stable – until Japan decides it has finally had enough of Chinese salami-slicing in the region I suppose. But increasingly, I think there are a lot of hawks out there, especially in the DC think-tanks and the PLA, who really dislike the status quo and hence over-hype small changes like Xi’s trip to South Korea or yet another North Korean provocation. But there’s no need to add to a march to war with threat inflation, which is what I am trying to counter-act here.
The essay follows the jump.
“This summer has provoked a lot of clamoring about shifting security in Northeast Asia. The general vibe is that Japan’s Article 9 ‘re-interpretation’ reflects a looming Sino-Japanese conflict, and that Xi Jinping’s trip to South Korea is pulling South Korea away from traditional commitments and is part of China’s larger effort to woo Asians away from the Americans. No less than a former Japanese minister of defense has made this latter argument.
While it is indeed the case that Sino-Japanese tension is growing, much of this discussion misses basic sources of stability in northeast Asia, or glosses over national particularities that muddy an easy interpretation of northeast Asia as spiraling tension. My post today will turn on the notion that Korea is ‘drifting;’ my post tomorrow will focus on the idea that Japan is remilitarizing. Neither of these are really true. My own suspicion is that various moves in the region get quickly over-interpreted, because there are a lot of hawks on all sides of northeast Asian security debate who dislike the rather dull, stable status quo.
1. Deterrence in Korea is actually a lot more stable than most people seem to think.
Dave Kang has made this point repeatedly in his work, but this argument is often lost in the media and the punditry. In 2013 spring faux war crisis, I noted that the media took the North Korean war-talk much more serious than the analyst community, with lots of predictions of conflict and over-heated CNN ‘analyses’ of what such a war would look like. I made the same point in 2010, after the sinking of the destroyer Cheonan by the North and its shelling Yeonpyeong Island in South Korea. The media ran wild with stories of Korea ‘on the brink of all-out war,’ but no one I know in the analyst community actually believes that. North Korea does not want to fight. They will get crushed, and the Kim family will be lynched or got to jail.
At the risk of sounding cynical, there is a great of media hype that can be ginned up out of North Korea, and alarmism is always an easy approach. Describing the North Korean Kim monarchy as insane alcoholic sex fiends, providing frightening statistics about the number of cannon and rockets pointed at Seoul, listing the North Korean nuclear tests, and so on make for great copy. But the big story in the inter-Korean stand-off is that it has not turned into a shooting war after all these years. When is the last time you saw that story covered in the media?
2. South Korea-Japan tension is bad, but they are not going to fight either.
Another hardy chestnut of the ‘northeast Asia is sliding toward war’ narrative is that Japan and South Korea can’t stand each, so conflict in the region is unpredictable. It is indeed true that South Korea and Japan barely talk at the diplomatic level. They do not work together; they don’t really care to (unless the US simultaneously arm twists); and the arguments over history and territory are indeed deep. (See the nice new CSIS report on this whole tangle and how to overcome it; my own recent thoughts on this issue at the Interpreter are here.)
But the formal disagreements cover-up a fair amount nonpolitical interchange between the two. As a professor in Korea, I see this all the time. My university, in Busan, regularly runs major exchange programs with Japanese universities in a way that it does not with schools with other countries, and this is common in the Korean university system. There are constant seminars and academic conferences on the difficulties of the countries’ relationship. There are regular efforts to work on history textbooks jointly. I constantly meet students around Korea who study Japanese, went to school there and so on. Both counties enjoy the other’s cultural products too. Manga, film, video games, K-pop and J-pop flow back and forth. There is also a great deal of tourism between the two.
Little of this is covered in the stories about the high-level tension. But there is a pretty sharp cleavage between the formal bureaucratic posturing, and the reality of dense civil society interchange. The mutual US relationship also restrains. It is all but impossible to imagine their use of force against each other while both are allied to the US.
3. South Korea is not leaving the US alliance to cozy up to China.
This is most preposterous of all the recent talk. The claim, well outlined in the link from the first paragraph, goes that Korea is torn between the US and China. It is dependent on China economically, while dependent on the US for security. The Korean government is divided into sinophile and pro-US factions. Xi’s successful recent trip illustrates the Sinic temptation of Korea. Korea will in time finlandize and equivocate on liberalism and market economics.
Once again, there is a grain of truth here, but a lot of exaggeration and little evidence. It is indeed correct that Korea is torn between China and the US. But many states in Asia are. The big internal foreign policy debate for lots of medium powers in the Asia in the coming decades is precisely the same: how to benefit economically from China’s explosive growth without getting pulled into its orbit politically? Not just South Korea, but North Korea, Taiwan, Vietnam, Indonesia, and Australia all face the same dilemma.
I am not sure what the answer is. It is a hard dilemma, and all these states are going to have to muddle through. Their defense establishments will fret about looming Chinese hegemony, while their business lobbies will salivate over a billion middle-class Chinese consumers. There will be sharp intra-bureaucratic debates in all these states as they balance these competing pressures.
Ideally they would work together to present a more united front to China, but the failure of anything like an Asian NATO, plus the failure of ASEAN to evolve up from a club of government elites, suggest that each Asian middle power is going to tackle this more or less alone. That Korea is already at this point – because China has rapidly become its largest export market – does not make it unique. Indeed the intense focus on Korea ‘findlandizing’ and abandoning the US alliance, penned by a conservative Japanese politician, suggests fairly typical Korean-Japanese sniping in order to win American favor against the other.
The other obvious reason Korea talks with China so much is that China has leverage over Pyongyang. President Park may indeed be the ‘sinophile’ the Japanese are trying to paint her as, but there is an obvious reason: the road to Pyongyang leads through Beijing. Park has to flatter Xi a little if she is going to get any kind of movement on the North Korea nuclear issue, human rights, or unification. For these reason, we should all be pleased for an improving South Korea-China relationship.
Northeast Asia is reasonably stable. Most of its players would rather get rich than fight. Most of its elites know that a war could easily spin out of control. Even the North Koreans know this. And the Park-Xi relationship ameliorates the one part of the status quo everyone does want change – North Korean governance. Despite decades of predictions that war was likely in East Asia, it has happened. There’s more reason for confidence than the media’s routine alarmism would have you think.
Next week: Japan’s Article 9 changes do not signal incipient militarism.”
Whenever I mention that one of my hobbies is to read Classical Chinese texts (漢文, 한문) to other Koreans, their first reaction is astonishment that a Gyopo would and could endeavor such a task. Their second reaction is their opinions on the role of Classical Chinese in Korean culture and history, and they can vary from positive to extremely negative. First, towards the positive end, the opinions are one of great appreciation in the language’s role in just about everything in Korean history from art to philosophy. Then, those who hold a somewhat positive view reluctantly acknowledging its position in Korean history and accepting that Sino-Korean words comprise a substantial portion of the Korean vocabulary. Lastly, toward the extremely negative end, the opinions are those of derision, disparaging Classical Chinese as foreign and elitist, and thus “less” Korean.
Unfortunately, it has been those who hold this last position that are the most vociferous and rancorous. For a people whose flag is laden with symbols that originate from China, namely the blue-red Yin and Yang (靑紅陰陽, 청홍음양) and the four tetragrams (乾坤坎離, 건곤감리), I have found such views utterly baffling. While the desire to appear independent from China is certainly understandable, this view jettisons a significant and important part of the Korean cultural patrimony. To overcome their hostility, I have found it very helpful to show them the Classical Chinese writing of Korean independence activists. This undermines the notion that Classical Chinese is a “threat” to Korean identity. In this blog post, I will first walk through where such views concerning Classical Chinese originate, then demonstrate that widespread knowledge of Classical Chinese was more recent than many believe, and finally exhibit the Classical Chinese writings of Korean independence activists.
The Hangul Narrative
The extremely negative view originates from the following narrative concerning Hangul (한글) that is held by most Koreans today. The story goes that Koreans originally used Chinese characters and Classical Chinese to write. Commoners found the script too difficult to learn. Finally, in the 15th century, King Sejong (世宗, 세종, 1397-1450, r. 1418-1450) created the Hangul, intending to entirely replace Chinese characters with his new alphabet. The haughty aristocracy, however, continued to use Chinese characters and purposefully kept commoners illiterate until the 19th century when reformers finally overthrew the script and declared Hangul the national script. (Other versions of the narrative have that Koreans suddenly stopped using Chinese characters after Hangul was promulgated.)
Though King Sejong’s creation of Hangul is undeniably a watershed moment in Korean history, there are several issues with this narrative. The most problematic is the claim that King Sejong created the script to entirely replace Chinese characters. While in The Proper Sounds for the Instruction of the People (訓民正音, 훈민정음) the King explicitly states that Hangul was created for commoners, he did not intend to supplant Chinese characters, but supplement them. It can be readily recognized that Hangul was designed to transcribe the pronunciation of Chinese characters. Each block of Hangul represents one syllable, and can correspond to the pronunciation of one Chinese character (e.g., 韓 for 한). Most strikingly, the original script provided for consonants and vowels that were never present in Korean, but in Chinese vernacular dialects. As for its application, one of the first uses of Hangul was to teach – or if one takes a cynical view, propagandize – the Korean populace with Confucian tenets. Many of the earliest works in Hangul are Confucian classics with parallel Classical Chinese and vernacular translations in Hangul, some of them in mixed script.
Widespread Knowledge of Classical Chinese in Early 20th Century Korea
Another issue with the narrative is that Classical Chinese did not all of the sudden die out in the late 19th – or 15th – century. This misconception has probably been fed by the fact that most Koreans especially of the younger generation today are primarily exposed to Classical Chinese through period dramas (史劇, 사극), where court scholars in traditional Hanbok garb are seen occasionally reciting Chinese classics. In reality, the widespread knowledge of the language is much more recent than is widely believed. Classical Chinese was very well alive in the former half of the 20th century in Korea. Many new Classical Chinese works were written during this period:
- A number of Classical Chinese translations of the folk story Tale of Chunhyang (春香傳, 춘향전) were published during the Japanese colonial period (1905-1945). Translations of other folk tales as well as wholly new novels also came out during the same period.
- The last Korean head of state with a Classical Chinese poetry collection is not Emperor Gojong (高宗, 고종, 1852-1919, r. 1863-1907) or Emperor Sunjong (純宗, 순종, 1874-1926, r. 1907-1910), but President Rhee Syngman (李承晩, 이승만, 1875-1965), the first President of South Korea. (North Korean leader Kim Ilsung (金日成, 김일성, 1912-1994) also wrote at least one poem.)
- Korean newspapers regularly printed Classical Chinese poetry submission sections well into the latter half of the 20th century. The newspaper clip above is a poem composed by Korean National Assembly member Jeong Jaewan (鄭在浣, 정재완, 1900-1967?), expressing his scorn for other assembly members’ avarice.
- Family clans continued to publish their genealogical records with new material in Classical Chinese.
- (On a more familial note, we have a Classical Chinese poem at my parents’ house that was composed by one of my grandparents’ friends in the late 1980s.)
Classical Chinese of the Korean Independence Activists
In tandem with this widespread knowledge, Korean independence activists not only looked back to Classical Chinese writings from previous generations for inspiration, but also composed new, original texts to describe their desire for an independent Korea liberated from Japanese rule. Note that Japan made Korea a protectorate in 1905 and annexed it in 1910.
A Turn to the Past for Inspiration
Certain poems by Chosun dynasty figures who lived in calamitous periods in Korea’s past became popular. The poem below is by Hyujeong Seosandaesa (休靜 西山大師, 휴정 서산대사, 1520-1604), a Buddhist monk and a leader of an irregular army (義兵, 의병) who fought against the Japanese during the Japanese Invasions of 1592-1598 (壬辰倭亂, 임진왜란). Kim Gu (金九, 김구, 1876-1949), who is known by almost every Korean schoolchild as the leader of the Korean independence movement, loved reciting Classical Chinese poems and regarded Hyujeong’s poem as his favorite. One story states that he recited the poem as he crossed the 38th Parallel into North Korea to meet with a delegates of the Workers’ Party in Pyongyang.
Stepping upon the snow in the middle of a field, I depart.
I ought to not haphazardly and recklessly travel:
The footprints of my travel today
In the end will become mileposts for those after.
Another poem that became well-liked is the poem below by Kwon Pil (權韠, 권필, 1569-1612), who also had lived during the 16th century Japanese Invasions of Korea. Although well-educated, he chose not enter into government office, but became a poet lampooning the state of affairs during his time. This poem is of a form known as “bird-crow” poetry (禽言體, 금언체). The word 布穀(포곡), repeated throughout the poem, is an onomatopoeia for the sound “cuckoo,” or Bbeogugi (뻐구기) in Korean. To the Korean independence activists, the word became newly interpreted as “Restore the nation,” or Buguk (復國, 부국).
Sow the seeds! Sow the seeds!
Amidst the sounds of sowing the seeds, the spring’s resolve is at its completest.
A vigorous child campaigns southward; the village’s streets are empty.
The setting sun only hears the widow’s wails.
Singing “Sow the seeds!” who will sow the seeds?
The paddies and gardens are wide and vast; the field of grass is green.
Poets of the Korean Independence Movement
Many Korean independence activists were also literate in Classical Chinese and composed their own works in the script. A lot of them had been educated in Confucian village schools (書堂 서당). These schools had played such an important role in fomenting patriotic sentiment that the Japanese colonial administration started heavily restricting their activities in 1918, and had effectively closed all of them by 1930. The remainder of this post will cover the poems of Ahn Junggeun, Yun Bonggil, Hwang Hyeon, and Kim Taekyeong. The first two are so well known that they are household names in Korea.
Ahn Junggeun (安重根, 안중근, 1879-1910)
Ahn Junggeun is renowned for his feat of assassinating Ito Hirobumi (伊藤博文, 1864-1909), the first resident general of the Japanese colonial administration in Korea. He is perhaps the most famous Korean independence activist in Korea today. What many Koreans today do not know, however, is his aptitude in Classical Chinese. Ahn Junggeun had studied Chinese classics in a Confucian village school run by his father, and by the age of 10 had not only read the Four Books and Five Classics of Confucianism (四書五經, 사서오경), but also a few of the volumes in the 294 volume tome Comprehensive Mirror to Aid Government (資治通鑑, 자치통감). While he awaited execution in jail, he composed much of his last thoughts in the language. Ahn Junggeun wrote many pieces of calligraphy, an essay titled Peace in East Asia (東洋平和論, 동양평화론), and his entire autobiography (安重根義士自敍傳, 안중근의사자서전) all in Classical Chinese. The poem below is from one of his pieces of calligraphy:
Concerning the grand scheme in East Asia, I have pondered extensively and profusely.
Having the will, how can a man tranquilly sleep?
Since a peaceful state of affairs has not yet been achieved, I am still indignant and incensed.
Political tactics have not changed; it is truly pitiful.
Yun Bonggil (尹奉吉, 윤봉길, 1908-1932)
Yun Bonggil is best known for lobbing a lunchbox bomb at a group of Japanese officials gathered at Hongkou Park (虹口公園, 홍구공원) in Shanghai (上海, 상해) for the celebration of the Japanese Emperor’s birthday. The attack killed Yoshinori Shirakawa (白川義則, 1869-1932), a Japanese general who had lead the Imperial Army in capturing the city earlier that year, and injured several others. He is perhaps the second most famous Korean independence activist after Ahn Junggeun. Again, what most Koreans do not know about him is his high proficiency of Classical Chinese. After the March 1st Movement in 1919, he left a Japanese-run public school for a Confucian village school, where he studied Chinese classics. By the time he was executed by firing squad in 1932 at the young age of 24, Yun Bonggil had written over 300 Classical Chinese poems, including the one below:
Recitation on Thoughts While on the Road
The rice on the field are half-ripe, interspersed with green and yellow.
Fighting and pecking, a group of birds all face forward.
The west wind suddenly breaks the rain from the thousand peaks;
The noon heat still swelters the smoke of ten-thousand hamlets.
Most resentful are the straws and unhusked grains added upon the white grounds;
How can a severed grain rise up to the blue skies?
My eyes see mountains and streams, with much awe and beauty.
This country’s foundations shall return to grandeur surely in the future!
- 白地(백지) – Literally “white grounds.” Refers to land unsuitable for farming.
Hwang Hyeon (黃玹, 황현, 1855-1910)
Though Hwang Hyeon is not as well-known as Ahn Junggeun or Yun Bonggil, his contributions to the Korean independence movement are just as significant. In particular, he chronicled various events and about the roles of various figures leading to the loss of Korean independence. (On a related note, he was adamantly against the abolition of Classical Chinese as the official script.) Hwang Hyeon was a great scholar of Chinese classics, and is considered one of the Four Great Masters (四大家, 사대가) of the late Chosun dynasty period (舊韓末, 구한말). Many of his poems make allusions to not only Korean history, but also Chinese history. It should be noted that Korea had never been entirely stripped of its independence prior to the Japanese annexation. In contrast, China had been wholly subjugated by foreign powers multiple times in its history, such as the Turks, Jurchens, Mongols, and the Manchus. Because of this, Hwang Hyeon and other poets of this era looked to Chinese history to draw parallels to what was transpiring in Korea. This is evident in the poem below:
Suicide Poem (third and fourth verses)
The birds and beasts tristfully cry; the seas and mountains cringe.
The hibiscus flowers on this earth have already become flooded and sunken.
The autumn lamp hides the volumes encompassing thousands of ancients.
Difficult it is to make mankind into literate men.
Earlier, I did not support the house with even half a rafter’s merit.
I have only achieved benevolence, but not loyalty.
Ending my will, I was just only able to follow Yun Gok (尹穀, 윤곡).
At this time, I am ashamed to not have caught up with Jin Dong (陣東, 진동).
- Yun Gok and Jin Dong both refer to figures from the Song dynasty (宋, 송, 960-1279) during the Mongol invasions of China. Their names in Mandarin are Yin Gu and Zhen Dong respectively. After Tancheng (潭城, 담성, Damseong) fell during a siege, in despair, Yin Gu decided to kill his family and commit suicide by self-immolation. Zhen Dong was a Song Dynasty literati bureaucrat who strongly pleaded with the Emperor that General Li Gang (李綱, 이강, 1083-1140) should be saved and that his disloyal ministers should be all sentenced to death. In the end, however, he was sentenced to death by beheading.
Kim Taekyeong (金澤榮, 김택영, 1850-1927)
Kim Taekyeong was also a scholar of Classical Chinese, another of the Four Great Masters of the late Chosun dynasty period and a friend of Hwang Hyeon (the other two had passed away before the 20th century). In response to the Eulsa Treaty (乙巳條約, 을사조약) in 1905, which made Korea a protectorate of Japan, he took his family and fled to Nantong (南通, 남통) in China. There, Kim Taekyeong became acquainted with many Chinese reformers and started working at a publication company, where he published works by other Korean independence activists – including Hwang Hyeon’s – and compiled books on Korean history and Korean Classical Chinese literature. He was also a skilled poet, and particularly enjoyed composing a form of poetry called Songs of Chu (楚辭, 초사). This form is marked by the character 兮(혜) in the middle of every line, and is attributed to Qu Yuan (屈原, 굴원, 343-278BC), a Chinese poet and official who committed suicide by drowning in the Miluo River (汨羅江, 멱라강) after having learned that the State of Chu (楚, 초) had capitulated. Kim Taekyong was so renowned for his Songs of Chu poetry that Chinese intellectuals called him the “Korean Qu Yuan” (韓國屈原, 한국굴원). The most famous of his poems is the Song of Lamentation (嗚呼賦, 오호부), in which he expresses his grief over loss of Korean independence:
Song of Lamentation (last two verses)
嗚呼! 哀哉! 已矣兮
오호! 애재! 이의혜
O, the bells of Gwanghwamun (光化門, 광화문), what person will toll it at night?
O, the ancestral tablet of Gija (箕子, 기자), what people will offer oblations of food?
Alas, how sad the situation is! It is all over!
How have we not spirits and have we not Heaven
- Gwanghwamun (光化門, 광화문) – Literally, “Gate of Enlightenment.” Refers to the main gate of Gyeongbokgung (景福宮, 경복궁) Palace in Seoul.
O, only our ancestors’ revered Confucianism.
In the end, we received a righteous man, Ahn Junggeun.
O, his vivacity was dashing and gallant.
Who will say that our country is totally lost?
Several heroic souls gaze back at us.
Pluck an autumn orchid and wait at the banks of the river.
In one of the most calamitous periods in Korean history, many Korean independence activists not only looked back to Classical Chinese writings from previous generations, but also expressed their desire for a liberated Korea in the same script. In this blog post, I only have listed four poets; there are many, many more. Although they certainly were free to write in Hangul (and many did), these independence activists intentionally composed in Classical Chinese to preserve and continue this part of the Korean cultural heritage. With this in mind, I do not think Koreans should continue to shy away from this aspect of Korean culture and history.
This post comes a bit late after a short vacation. Thanks again to the Korea Herald and don't forget to read the disclaimer.
Vehicle accidents and compensation
The prevalence of motor vehicles in Korea brings the possibility of tremendous injury, and as in other places, this leads to disputes about compensation ― whether there is a duty to pay and how much.
It may seem a bit cynical, but the law can’t bring back the dead or magically heal a broken leg. It can only attempt to value those things and compensate for them.
There are two parties from whom an injured party can claim compensation. The driver may have liability under the criminal law, in which case he must compensate the victim or go to jail, and the police and prosecutors will help the victim.
Assuming he has insurance (which is legally obligated), the insurance company may also have a civil obligation, but in that case the victim must hire an attorney if he wants assistance in dealing with the insurance company. The driver may also have civil liability, but as he is generally less flush with cash than the insurance company, we will later focus on the insurance company here.
Regarding possible criminal liability, the driver must have violated certain traffic law provisions, so evidence is key. Witnesses, CCTV, black box recordings or forensic analysis can help establish what happened. In the following 10 types of cases the driver will be prosecuted, even if the victim does not request it, and the prosecutor and court will look to the driver to make a settlement with the victim, or the driver will face stern punishment:
(1) Ignoring a traffic signal, (2) illegally crossing the median line (making a U-turn or driving on the wrong side of the road), (3) exceeding the speed limit by 20 kph or more, (4) illegally passing, (5) illegally entering an intersection, (6) failing to protect a pedestrian at a crosswalk, (7) failing to have a license or having a suspended license, (8) DUI, (9) illegally driving on a sidewalk and (10) failure to properly open and close doors for passengers.
The amount of the settlement is based on the seriousness of the victim’s injury and the economic ability of the driver. The typical range is 400,000 won to 1 million won per week of hospitalization, but egregious cases with obvious fault and serious injury can warrant much more, up to tens of millions of won.
Everyday people, however, are often limited in their means, and so the main source of funds is often from the insurance company. The difference in compensation between individual settlements (where the victim, unaided by counsel, settles directly with the insurance company) and lawsuit-based settlement (where an attorney files a suit) is huge.
Insurance companies worldwide have significant incentives to underpay, and Korea is no exception. Attempting to settle directly is often fruitless; without the threat of a court ordering greater compensation, offers from the insurance company will often remain unreasonably low.
There are four bases for calculating injury, all of which should be adequately taken into account:
First, there should be compensation for economic losses caused by the car accident. Medical bills, private care (at home or outside), and other direct economic losses should be included.
Second, compensation for mental damages. There is no given standard for mental damages, although awards commonly lie within the 400,000 won to 1 million won per week range. Warranting circumstances, such as the inability to partake in an important life event, like a wedding or funeral, should increase the amount of compensation due.
Third, compensation for lost income during hospitalization: This is another kind of economic damage ― obviously the victim cannot work when they are in bed or surgery, and is therefore losing money. Even those who can telecommute are unlikely to be functioning at 100 percent, addressed further in a moment. Lost wages are easy to calculate. If the injured party was running a business, the cost of hiring someone to cover during the absence should be included.
Fourth, compensation for loss of future earning potential should be included, and this is usually the largest portion of a compensation claim. This reflects the difference between a person’s pre-injury and post-injury income capacity. If your earning capacity is reduced by 20 percent (i.e., you can now earn 80 percent of what you could before the accident) then you should receive compensation equaling 20 percent of your income until retirement. As for evidence, after six months of treatment, a doctor can issue a letter attesting to the “inability rate” you will suffer.
You should be ready to get a second opinion regarding any hospitalization, treatment or disability proportion. Sad to say, some doctors have been known to reverse their diagnosis when the insurance company gets involved. There is no need or reason to tolerate a corrupt diagnosis when an objective one is preferred.
Again, I would stress the need to hire counsel here. Besides the emotionally and physically draining aspects of a traumatic injury, there are economic dynamics to consider in insurance negotiations, and without legal action pending, there is simply no leverage to warrant an increase in the offer beyond the lowball that the insurance company feels like throwing. Lay or professional, no person can handle all of that at once.
By Darren Bean and Yuna Lee
Disclaimer: This column is not intended as legal advice. No action should be taken or avoided based on this column, no attorney-client relationship is formed by reading this column or contacting the authors, and the authors expressly disclaim any liability for the content of this column. Those with legal problems in Korea should seek advice from an attorney.
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The Martyr monk, Ichadon, of the Silla Kingdom.
Hello Again Everyone!!
This is the eleventh installment about prominent monks; and this week, I thought I would focus on the martyr, Ichadon, from the Silla Kingdom. Ichadon was a Buddhist monk that supported the introduction of Buddhism to the Silla Kingdom (57 B.C.E. – 668 C.E.).
While Buddhism had spread throughout the rest of the Korean peninsula in the Baekje and Goguryeo Kingdoms, Buddhism was still illegal in Silla up until 527 C.E. The reason for its slow acceptance is that the Silla Kingdom had weak state administrative powers. However, the common people were more willing to accept Buddhism than the Silla aristocracy who resisted all forms of Chinese culture; instead, preferring to adhere to the local religions. These two reasons, above all others, is why it took a full 150 years to be accepted in the Silla Kingdom after its neighbours had already accepted it as a state religion.
A Silla Sacrifice from a Mural at Heungnyunsa Temple in Gyeongju.
King Beopheung (514-540), the king of Ichadon, had considered giving permission to the practice of Buddhist teachings in the Silla Kingdom. And in 527, Ichadon, while presenting himself to the royal court, announced that he had become a Buddhist monk. Not only that, but he had established a Buddhist temple on his land. Finally giving into palace aristocrats demands, King Beopheung had Ichadon beheaded. However, and rather miraculously during Ichadon’s execution, instead of blood, milk poured forth from his wound. Also, his head flew upwards and onwards to Mt. Sogeumgansan in Gyeongju. Due to these miracles, as well as Ichadon’s sacrifice, the royal court relented and Buddhism was finally accepted. Also, it led to the first state temple, Heungnyunsa Temple, being established in Silla territory.
The Martyrdom of Ichadon from the Bell at Baeknyulsa Temple in Gyeongju.