• Title/Summary/Keyword: 국가인정

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A Reconsideration of the List of National Endemic Plants (appendix 4-1) Under the Creation and Furtherance of Arboretums Act Proposed by Korea Forest Service (산림청 수목원 조성 및 진흥에 관한 법률의 특산식물 목록의 재고)

  • Park, Soo Kyung;Gil, Hee-Young;Kim, Hui;Chang, Chin-Sung
    • Journal of Korean Society of Forest Science
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    • v.102 no.1
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    • pp.38-58
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    • 2013
  • The existence of endemism in many parts of the world is an important factor for conservationists. Conservation can only be carried out under national legislation, and national endemics, which have very limited ranges, fully depend on the effort and success of conservation. A total of 523 vascular plant taxa were listed in the latest national checklist by Ministry of Environment in 2005, while the 'Creation and Furtherance of Arboretums Act' including a national endemic list (appendix 4-1) was established by Korea Forest Service and was legislated as a law in late 2011. This legislation by Korea Forest Service on endemism of Korean vascular plants have required much attention because of discrepancies of nomenclature, taxonomic bias and inflation. Examining data for both lists proposed by Ministry of Environment and Korea Forest Service, of the total of 360 legislated taxa, around 286 taxa are shared with the list of Ministry of Environment, of which about 80% have been found as common taxa. Around 67(18.7%) are typographic errors, and 14 taxa (3.9%) are recorded as illegitimate and invalidly published names. Through this analysis 12 taxa (3.4%) were found in China as well as in Korea and these are thought to be non Korean endemic taxa. Taken together, the legislated list displayed 1/4 (24.9%) errors out of the total list. Only 59 taxa (16.5%) are identified as national endemic species. The remainder are either unresolved candidates (73 taxa, 20.4%) or synonyms (196 taxa, 54.7%) status. It must be noted, that the concept of endemism very much depends on the knowledge of the species concept, taxonomic bias and geographical range of a species. Also, the most major nomenclatural problem tend to be more stable if the information on database about Korea Plant Name, which is managed by Korea National Arboretum are well updated year to year. These exaggerated numbers underscore the urgency for regional conservation planning and implementing effective strategies to preserve these real endemic taxa into the future.

A Study on the Record Management of National Archives of Korea (국가기록물 관리의 현황에 관한 발전적 제언)

  • Kim, Sung-Soo
    • Journal of Korean Society of Archives and Records Management
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    • v.3 no.1
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    • pp.159-184
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    • 2003
  • In this research the issues of record management of national archives in Korea are classified into four categories: 1) improving the status of the Central Archives of Korea, 2) constructing a new national archives, 3) revising the law on the record management, 4) creating qualifications for a professional administrator for Archivist. 1) In order to strengthen the function of the Central Archives of Korea, it is very urgent to create a systematic mechanism in which the Central Archives oversees and administers public archives(documents) collected from all the public institutions not only under the Administration but also the legislature and the judicial authorities. 2) This paper suggests that a new National Archives should be a symbolic building representing Korea as archives. Considering the fact that Presidents archives will be a part of this new National Archives, it also suggests that artistic and decorative pieces which embody Korea's representative archives or people should be included in the building. The budget for these should be supplied by the government. 3) This paper looks at the matter of revising the law on Record Management in two respects: (1)strengthening the function of the Central Archives of Korea, (2)making it obligatory to produce archives not open to the public, or making a protection clause for secret archives. This paper proposes that the Central Archives of Korea will be able to collect all the public archives from all the public institutions, and to oversee and administer them by revising the 5th and 6th clauses of the current law on the record management. It also proposes that some laws which make it obligatory to produce archives for documents not open to the public, and which protect those secrecy. 4) Regarding the qualifications for a professional administrator for the record management, this paper suggests lowering the qualification a little to the bachelor's degree of the record management. Also it suggests taking into consideration the persons in charge of the record management in public institutions and acknowledging their qualifications after a certain period of training at the Central Archives of Korea or something like that. In addition, it classifies the ranks of the professional administrators according to their qualifications.

The Implications of Changes in Learning of East Coast Gut Successors (동해안굿 전승자 학습 변화의 의미)

  • Jung, Youn-rak
    • (The) Research of the performance art and culture
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    • no.36
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    • pp.441-471
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    • 2018
  • East Coast Gut, Korean shamanism ritual on its east coastal area, is a Gut held in fishing villages alongside Korean east coastal area from Goseong area in Gangwon-Do to Busan area. East Coast Gut is performed in a series mainly by a successor shaman, Korean shaman, who hasn't received any spiritual power from a God, and the implications of this thesis lie in that we look over the learning aspects of Seokchool Kim shaman group among other East Coast Gut successor shaman groups after dividing it into 2 categories, successor shaman and learner shaman and based upon this, we reveal the meaning of the learning aspects of East Coast Gut. For successor shamans, home means the field of education. Since they are little, they chased Gut events performing dance in a series to accumulate onsite experiences. However, in the families of successor shamans that have passed their shaman work down from generation to generation, their descendents didn't inherit shaman work any longer, which changed the way of succession and learning of shaman work. Since 1980's, Gut has been officially acknowledged as a kind of general art embracing songs, dance and music and designated as a cultural asset of the state and each city and province, and at art universities, it was adopted as a required course for its related major, which caused new learner shamans who majored in shamanism to emerge. These learner shamans are taking systematical succession lessons on the performance skills of East Coast Byeolshin Gut at universities, East Coast Byeolshin Gut preservation community, any places where Guts are held and etc.. As changes along time, the successor shamans accepted the learner shamans to pass shaman work down and changes appeared in the notion of towners who accept the performer groups of Gut and Gut itself. Unlike the past, as Gut has been acknowledged as the origin of Korean traditional arts and as the product of compresensive learning on songs, dance and music and it was designated as a national intangible cultural asset, shaman's social status and personal pride and dignity has become very high. As shaman has become positioned as the traditional artist getting both national and international recognition unlike its past image of getting despised, at the site of Gut event or even in the relation with towners, their status and the treatment they get became far different. Even towners, along with shift in shaman groups' generation, take position to acknowledge and accept the addition of new learning elements unlike the past. Even in every town, rather than just insisting on the type or the event purpose of traditional Gut, they think over on the type of festival and the main direction of a variety of Guts with which all of towners can mingle with each other. They are trying to find new meanings in the trend of changing Gut and the adaptation of new generation to this. In our reality of Gut events getting minimalized along with rapid change of times, East Coast Gut is still very actively performed in a series until now compared to Guts in other regions. This is because following the successor shamans who have struggled to preserve the East Coast Gut, the learner shamans are actively inflowing and the series performance groups preserve the origin of Gut and try hard to use Gut as art contents. Besides, the learner shamans systematically organize what they learned on shamanism from the successor shamans and get prepared and try to hand it down to descendents in the closest possible way to preserve its origin. In the future, East Coast Gut will be succeeded by the learner shamans from the last successor shamans to inherit its tradition and develop it to adapt to the times.

The Definition of Connecting Flight and Extraterritorial Application of Regulation (EC) No 261/2004: A Case Comment on Claudia Wegener v. Royal Air Maroc SA [2018] Case C-537/17 (EC 261/2004 규칙의 역외적용과 연결운항의 의미 - 2018년 EU사법재판소 Claudia Wegener v. Royal Air Maroc SA 판결의 평석 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.103-125
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    • 2020
  • This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.

Legal Issues in Commercial Use of Space Resources: Legal Problems and Policy Implications of U.S. Commercial Space Launch Competitiveness Act of 2015 (우주 자원의 상업적 이용에 관한 법적 문제 - 미국의 2015년 '우주 자원의 탐사 및 이용에 관한 법률' 의 구조와 쟁점 -)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.419-477
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    • 2017
  • In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

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A Study on the Problems and Improvements of the Management System for Foreign Seafarers Boarding Korean Ocean-Going Vessels (우리나라 외항상선에 승선하는 외국인 선원 관리제도의 문제점 및 개선방안에 관한 연구)

  • Kim, Kun-Jin;Shin, Sang-hoon;Shin, Yong-John
    • Journal of Navigation and Port Research
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    • v.43 no.6
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    • pp.384-394
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    • 2019
  • This study investigated the current status of the management system for foreign seafarers boarding Korean ocean-going vessels and analyzed the problems and suggested measures for improvement through the survey of shipping companies, ship management companies, crew manning companies and related associations. The conclusion is summarized as follow. First, it is necessary to reorganize and apply the collective agreements or the laws applicable to the foreign seafarer separately in regard to the foreign seafarer related laws and collective agreements applied in the same way as the Korean seafarer. Second, it is necessary to change the decision-making to shipowner in deciding on the number of foreign seafarers employed by the Korean ocean-going vessels or if the decision-maker remains the same, the relevant laws must be clearly defined pertinent to the decision-maker. Additionally, the number of foreign seafarers should be applied for each position and ship's type. The third is to expand the recognition arrangement for certificate of ships' officers to Eastern Europe and Asian countries to expand the range of options for hiring foreign seafarers. The fourth is to prevent the waste of administrative manpower by simplifying complicated and unnecessary administrative procedures from hiring and boarding of foreign seafarers. The fifth is to establish a systematic training and education system for foreign seafarers in cooperation with related shipping companies and government authorities, associations and so on. This study will contribute to providing a more efficient and systematic management of foreign seafarers boarding Korean ocean-going vessels.

A Study on the Improvement of Performance Testing System of Domestic Surveying Equipment (국내 측량장비 성능검사제도 개선방안 연구)

  • MIN, Kwan-Sik
    • Journal of the Korean Association of Geographic Information Studies
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    • v.19 no.1
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    • pp.53-63
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    • 2016
  • In this paper, we proposed the improvements for performance test and surveying equipment regulations, standards, methods and procedures, depending on the need of improving the legal system for surveying equipment in a diverse and sophisticated surveying industry. This research was performed first investigating the existing legal systems(Act on the establishment and management of spatial data, Framework act on national standards, ISO 17123, JIS B 7912) with respect to the surveying equipment performance testing and the research for IOS and KOLAS suggested the improvements on the application for the surveying equipment performance testing standard. More exactly, first, two years were presented for the surveying equipment performance testing cycle considering the precise accuracy of the instrument stability, purpose and frequency of use, etc. Second, the abolition of the measurement distance by grade and the upward or cross-grade adjustment of the single prism standards about the light wave rangefinder and total station were suggested for the improvement on survey equipment performance criteria. Third, since the main function of total station is focused on a three-dimensional coordinate measurement due to the improvement of surveying equipment performance testing, it was proposed to use the precision(repeatability) of the coordinate measuring method as an evaluation method.

Integrating Forestry Offsets into a Domestic Emission Trading Scheme in Korea (해외 배출권 시장 사례 분석과 국내 배출권 시장 도입에 있어서 산림분야 참여에 관한 고찰)

  • Han, Ki-Joo;Youn, Yeo-Chang
    • Journal of Environmental Policy
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    • v.8 no.1
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    • pp.1-30
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    • 2009
  • Emission trading schemes, exemplified by the EU Emission Trading Scheme, have been playing active roles in mitigating greenhouse gas emissions since the Kyoto Protocol employed an emission trading as one of the cost-effective mechanisms. The objective of this study is to investigate potential integration of forestry offsets in designing an emission trading scheme in South Korea. First, the study found feasible scopes in which forestry sectors can take part by analyzing five emission trading schemes: EU Emission Trading Scheme, Chicago Climate Exchange, New South Wales Greenhouse Gas Abatement Scheme, New Zealand Emission Trading Scheme, and Regional Greenhouse Gas Initiative. The rationale of including forestry offsets in a domestic emission trading scheme was derived from the fact that forestry offset credits can provide cost-effective ways for market participants to commit their emission targets and expand abatement activities through reducing greenhouse gases in other geographical locations as well as other industrial sectors. Even though forestry offset credits have risks induced by their technical complexities in terms of accounting, additionality, and leakage, the integration of forestry offset credits into an emission trading scheme would be able to provide positive opportunities both to forestry sectors and other industrial sectors. In addition, there are technical questions which need to be answered in order to maintain these opportunities.

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A Study on the Comparison between 「SECURITY SERVICES INDUSTRY ACT」 and 「ACT ON THE PROTECTION, ETC. OF TEMPORARY AGENCY WORKERS」 among Security Guards (「경비업법」상 경비원과 「파견근로자보호 등에 관한 법률」상 경비원의 비교에 관한 연구)

  • Noh, Jin Keo;Choi, Kyung Cheol;Lee, Young Ho
    • Korean Security Journal
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    • no.55
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    • pp.143-167
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    • 2018
  • According to the Security Services Industry Act security guards are not just workers but security-related service workers complementing the lack of police force and specializing in protecting of national important facilities, industrial facilities and apartment houses. Nevertheless, confusing or mixing the security service workers in "Security Services Industry Act" with the guards in the "Act on the Protection etc. of Temporary Agency Workers" lead to a constant debate about the scope of work of security guards. In the case of security service workers in "Security Services Industry Act" there is a strict limitations on security service worker's qualification such as strict reasons for disqualification, a need to pass training for new workers and qualification training, a need to report to the competent chief police officer if the security guard has placed or unplaced by the security service company. It distinguishes security service workers in "Security Services Industry Act" from the guards in the "Act on the Protection etc. of Temporary Agency Workers" and acknowledges the occupation of security service worker as a professional service worker. Therefore, security service workers in "Security Services Industry Act" shouldn't be obliged to do any other work than security work. If it is required to do other work than security work contract by the "Security Services Industry Act" doesn't apply but need to use a security guard according to "Act on the Protection etc. of Temporary Agency Workers" or hire a security guard on the employment contract. In this way, when security service workers in "Security Services Industry Act" are recognized as professional security related workers, the entire security industry can ultimately develop.

A Feasibility Study on the Aid and Abet of Providers of Revenue for Copyright Infringement - Focusing on Comparing with the US Cases - (온라인 저작권 침해 수익원 제공자인 광고의 책임에 대한 연구 - 미국 사례와의 비교를 중심으로 -)

  • Kim, Chang-Hwa
    • Journal of Korea Technology Innovation Society
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    • v.20 no.4
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    • pp.1288-1308
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    • 2017
  • When looking at the online copyright infringement, the advertisements have served as a revenue source. Recently, copyright holders and state agencies have requested to stop and withdraw posting the ad. in order to prevent copyright infringement. This way is very easy and efficient. However, the problem is that it is not clear whether the request is appropriate. For the request to be valid, posting the ad. should be a kind of indirect infringement, or if not, it must have a suitable reason. If there is no basis or reason for the two, the request should not be asked recklessly. In the US relevant cases, something more than simple relationship with direct infringers or more material contribution to the direct infringement is required to impose secondary liability for copyright infringement. However, just posting the ad. cannot be considered as the close relationship and moreover, it is not material contribution. Thus, posting the ad. is not secondarily liable for copyright infringement. In addition, the bills which was proposed in 2011, so called SOPA and PIPA, had a provision which can stop and withdraw the ads in the piracy sites. Its opponents raised the following problems: withdrawing the ad. is the censorship, gives the burdensome to the sites, and causes the imbalance due to the overload protection of copyright. Also, under the ad blocker case, to remove the ad. discretionally consists of illegal activity or copyright infringement. As a result, because the request to stop and withdraw posting the ad. is not reasonable, the request should be asked carefully.