• Korea and Global Affairs
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• 제1권2호
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• pp.109-128
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• 2017

The purpose of this study is to consider the appearance of the global generation transnational identity and forming process, existence aspect, functional role, and on the actuating mechanism, and etc. The results about the transnational identity of Diaspora and diversity are as follows. First, as to the transnational identity, the emigrants had been being determined by the relation with the accreditation and how type had been deal with one's decision about the self-identify. Second, the individual experience of the emigrant, interaction, and unstable status political support etc. various factors were combined and the diversity of the Diaspora identity showed. Third, the identity concept had been performing the function in the more expanded meaning called the nation and nation through the continuous meaning expansion than the individual as the national ideology. Fourth, the transnational identity of Korean-Chinese was specialized into the nation identity, double identity, and 'the identity of the third' etc. Fifth, the transnational identity of the Nikkei-Brazilian appeared for Japanese identity, Brazilian identity, and Nikkeijin identity etc. in Japan. In conclusion, the Transnational identity of the Diaspora is reproducing the identity of the emigrant, it suggests through the differentiation in the settlement and exclusion.

• Economic and Environmental Geology
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• 제45권2호
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• pp.169-180
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• 2012

The ESBs (Environmental Specimen Banks) have monitoring functions for the contemporary environmental qualities and also offer the future generation tangible information on the past environment by preserving the specimens. This entails the sampling of the representative specimen for each distinctive ecosystem, which is performed under a strict and stipulated procedure and a condition that does not allow any change in the component so that a retrospective analysis can be readily done even in the distant future. It has been more than 30 years that some developing countries started collecting a broad spectrum of specimens to vindicate the effectiveness of an environmental policy and to monitor the long-term variations of background concentrations of environmental pollutants. Though being late, the National Institute of Environmental Research (NIER), Korea, has successfully launched the National Environmental Specimen Bank (NESB) in 2009 equipped with its state-of-the-art automated cryogenic tanks. Since then, the researchers at the NESB have been doing their best to excel the existing ESBs around the world by learning and improving the expertise. To do so, they conducted a pilot study for developing and testing their own Standard Operating Procedure (SOP) based on the analysis of the examples of the other ESBs. The problems from the pilot study had been reviewed to improve the SOP to meet the requirements for an ESB, that is to say, preserving representative environmental specimens in cryogenic condition and enhancing the analytical method. Furthermore, they also need to prepare themselves to address the future challenges by providing some additional functions, which makes it distinguishable from the other ESBs. If successful, this will be a step further to be recognized as a full-fledged member of the ESB society of the world.

• Journal of Korean Society of Archives and Records Management
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• 제9권2호
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• pp.159-188
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• 2009

In the midst of computerization and digitization of the archives, the way of use and the need of users to use the public archives has been changed and expanded. It draws concerned party's attention to the copyrights in the public archives and the protection of the copyrights of the public archives. This study examines the exiting copyright laws in Korea and some foreign countries, interprets the laws, and presents legal implications when the laws are applied to the public archives held in the National Archives of Korea(NAK). The public records are "literary works" and their copyrights are to be protected. Most of the public archives held in the NAK are also "creative works" which are the presentations of thoughts and feelings of the individuals, the records creators in the public agencies. The holder of the copyrights of the archives is not the NAK, but the agency which created the archives, such as the central government and local governments. To promote the use of public archives, we need to expand the public domain in the public records and archives and the fair use of the archives. To do this, I suggest to amend and complement the Copyrights Act, the Pubic Records/Archives Management Act, and the Opening Records in the Public Agencies Act(FOIA in Korea). The establishment of a coordinating body dealing the copyrights in pubic record and archives is strongly recommended. The coordinating body will provide guidelines on protecting copyrights and expand the fair use and the public domain of the public archives.

• Korean Journal of Social Welfare
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• 제60권4호
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• pp.157-173
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• 2008

Cultural welfare is the cultural activity provided and supported by state, a local autonomous entity, and private organizations to improve the quality of people's life. And as a basic concept as well as a premise of discussion on cultural welfare, cultural right is a social right, a right which can make cultural express, gain access to cultural activities. A statue concerning cultural activities contributed to the promotion of our people's cultural welfare interwoven with cultural right. But laws were made for the purpose of enforcing national policy and supporting regime rather than promoting fundamental human rights, and they became effective and were understood as a mere part of national government, not as perspective of their execution, security of right or realization of them. On the other hand, based on laws concerning social welfare, cultural life means human life consisting of minimum welfare system, and minimum level of life which guarantees least cultural life is becoming an objective standard. This means the standard level of cultural right, and for the handicapped cultural rights are concretely guaranteed as a right in that they will not be discriminated for their approaching to cultural activities. However, laws concerning cultural activities have limitation in that there are ambiguous concept and limitation of cultural life, and there are no concrete and active laws about cultural rights to guarantee cultural life. In a constitution and laws concerning social welfare, cultural welfare must have concrete contents about the range and the level of cultural rights. In order cultural rights to be turned into complete ones which can assert its rights, as seen in the Supreme Court, a court has to try to understand the violation of cultural rights as the violation of legal rights.

• Korean Security Journal
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• 제42호
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• pp.205-227
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• 2015

The Korean Peninsula is put in a position to carry out a highly strategic game vis-a-vis nK, which is asserting itself as a nuclear power amongst Northeast Asia's complex dynamics. While the international community recognizes nK's possession of nuclear weapons as released secret based on nK's three nuclear tests, shrewd strategic thinking is needed by ROK to secure itself as a non-nuclear nation in order to assume a responsible role to the international community, while simultaneously being ready to respond at all times for nK's military provocations. ROK must continue with its twofold strategy, by firm response to military confrontation with nK and maintaining flexible policy of tolerance in the areas of economy and ethnicity. Various strategic options to overcome nK's nuclear threats have been presented to ROK, whose possession of nuclear weapons have been difficult, and nK's nuclear capability is a real threat to ROK's national security. We must be able to respond to nK's nuclear threats strictly from ROK's national security perspective. This thesis aims to propose a response policy for nK's nuclear capability and nK's nuclear attack based on analysis of such nuclear damage, ROK Government's response posture against nK's nuclear threats, centered around ROK Government's non-military response posture.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• 제38권3호
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• pp.64-74
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• 2020

The significance of Boseong Tea Agriculture System lies in its harmonious coexistence with the surrounding environment, producing high quality teas and maintaining its biodiversity. Boseong Tea Agriculture System has been inscribed as Korea's Important Agricultural Heritage System (KIAHS) in 2018, but the Aging Society of tea farmers is threatening the conservation and succession of tea farming of the region. The study suggests designation of Boseong Tea Agriculture System as one of Globally Important Agricultural Heritage System (GIAHS), objecting conservation and succession of Boseong Tea Agriculture System. The study has reviewed GIAHS, KIAHS, Boseong Tea Agriculture System and surveyed tea farmers of Boseong for 3 months from March to May, 2020. The survey method includes face to face interview, phone interview (ones couldn't be reached for face to face interview) and in-depth interview of community leaders and experts, verifying the Aging Society status in Boseong tea agricultural industry. The survey result includes the following. Average age of Boseong tea farmers is 69.4 years old. Family tea-farming over two generation is 36% (54 household), and 79.4% (119 household) depends on 90% of income from tea production. The in-depth interview shows the aging tea farming society is most serious concern of tea farmers and GIAHS designation will support reliability and recognition of Boseong tea, helping conservation and succession of Boseong Tea Agriculture System. GIAHS designation will enhance and share the value of Boseong Tea Agriculture worldwide and be able to inherit the heritage for our future generation.

• Korean Journal of Comparative Education
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• 제28권5호
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• pp.47-69
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• 2018

The purpose of this study is to classify the lifelong learning policy implementation process of lifelong learning in Korea according to the policy making decision models and to suggest developmental tasks. Korea's lifelong learning policy came to a full-fledged start with the enactment of the Lifelong Education Act in 2000. The Lifelong Education Act proposed the establishment of an open educational system as a strategy to realize the lifelong learning society. According to the Lifelong Education Act, the Korean government has developed several lifelong education policies such as providing learning opportunity for the underprivileged, facilitating lifelong learning city project, building lifelong learning culture, recognizing of experiential learning result, funding lifelong learning hub university, launching lifelong learning supporting administrative etc. The Korean lifelong system is characterized as Allison's (1971) governmental/bureaucratic, Ziegler and Johnson's (1972) legislative, Griffin's(1987) social control and Green's (2000) state-led models which make policy through the coordination between the government and the parliament and control bureaucratic power and educational qualifications. Lifelong learning policies should be managed in terms of supply and demand at the learning market. In addition, the state has to strengthen lifelong learning through supporting NGOs' activities and adult learners' tuition fee for the disadvantaged group of people.

• Journal of the Korea Academia-Industrial cooperation Society
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• 제19권12호
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• pp.541-551
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• 2018

This paper is on the colonial history of the African continent. It was the origin of mankind, which was called "Hometown of humanity" or "Warm region" since ancient Greece and ancient Egypt. However, the place came to be the invasion target of Western powers. Western nations, based on strong military and economic power, slaughtered sturdy African men and stripped off major resources for their own interests, devastating many parts of the African continent since the 15th century. This unfortunate history seems to have met a happy ending in the mid-twentieth century, after the independence of many African nations that have been committed to national self-determination since World War II. However, African countries have not been recognized as equal partners in the international arena. They were only poor and powerless countries that could be maintained only through the aid of advanced nations like France, as before. Of course, in the 21st century, Africa has begun to be thought to be a new market with high potentiality for development. Various countries, including India, China, Russia and Brazil, as well as major European countries, which have traditionally maintained friendly relations with France, are making efforts to increase their influence in Africa. Therefore, to understand this new trend, it is necessary to give a top priority to grasp the colonial history surrounding African continent.

• The Korean Journal of Air & Space Law and Policy
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• 제31권1호
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• pp.145-167
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• 2016

UN Security Council is entitled to power for determining the existence of the threat to the peace. Specifying the provisions adopted in accordance with the chapter 7 of the UN Charter, its resolution is deemed as document confirming its decision about the threat to the peace. In general, resolutions adopted by the Security Council acting under Chapter VII of the Charter, are considered binding, in accordance with Article 25 of the Charter. Regarding to the terms of the Resolutions to be interpreted, the word "decide" is used as to the suspension of the ballistic missile program, the word "demand" is used as to the stopping of the the launch of ballistic missile, and the word "demand" is used as to return to the missile test moratorium. These provisions may be deemed to determining specific obligations to be imposed upon the States in accordance with the 1967 Outer Space Treaty. On the other hand, the Resolutions may be limited to the decision, not leading to a sort of international legislation, the main purpose of which is to provide a legal basis for international sanctions against Northe Korea. North Korea missile test case has reminded us of continuing discussion about whether the decision of the Security Council lacks the legislative authority due to its decision process. Furthermore, having regard to the outer space and space activities, the outer space law regime would be not compatible with the Security Council decision process in that the former presupposes the agreement among all States parties, while the latter based upon the agreement between Council member States. Therefore, it is premature to consider the Security Council decision as becoming the lex specialis of the space law regime.

• The Korean Journal of Air & Space Law and Policy
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• 제35권1호
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.