• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.197-225
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• 2015

The presentation of this paper was triggered by the spread of MERS in Korea in the year 2015. The analysis of the present acts related with MERS is necessary in order to cope efficiently with any probable spread of such infectious diseases as MERS in future. The acts that should be analyzed in this paper include 'Medical Service Act' and 'Infectious Disease Control And Prevention Act' (hereafter, IDCAPA). At first the classification of the infectious diseases in IDCAPA should be referred to. The Act does not properly classify them because the scope of concept of each group of the infectious diseases overlaps each other. This overlap should be removed. The present system in IDCAPA is not proper for the efficient notification and reporting of the infectious disease patients. This is so in some viewpoints including the persons obligated to make the notification and reporting, the persons to whom they should notify and report such patients, and the process of notification and reporting. The efficient approach to the information related with the infectious disease is necessary for the rapid prevention of its spread. Cohort isolation and quarantine of the infectious patients and exposed contacts are the strongest and most efficient steps for the prevention of spread of the infectious diseases. One of the great problems related with such steps would be the conflict of powers or attributions, the likelihood of which is inevitable under the present system of IDCAPA. The IDCAPA distributed the power or attribution to take the steps to the three governments including the central government, the metropolitan government and the primary local government. The power should be concentrated in the central government, which could afford financially to compensate for the huge amount of damages caused likely by the steps. The power to take the steps would be actually just a useless thing for its holder without such financial capacity. The remedy for the victims by the fault of spreader should be approached to in the sense of national wealth. The general principle of tort law could not supply the victims with the sufficient remedy because the damages would be likely too huge for the wealth of such spreader to cope with. In future another parliamentary inspection could reveal another problems in the administration by the government of the MERS event in the year 2015. Any problem caused by defect in the legal system of the control and prevention of the infectious diseases should be taken into consideration when the legal system would be reformed in future.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.159-201
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• 2019

Along with Annex 14 Volume I establishment in 1951 and the set-up of restriction surface around the runway, aeronautical technique and navigation performance achieved dazzling growth, and the safety and precision of navigation greatly improved. However, restrictions on surrounding obstacles are still valid for safe operation of an aircraft. Standards and criteria for securing safety of aircraft operating around and on airport is stated in Annex 11 Air Traffic Services and Annex 14 Aerodrome etc. In particular, Annex 14 Volume I presents the criteria for limiting obstacles around an airport, such as natural obstacles such as trees, mountains and hills to prevent collisions between aircraft and ground obstacles, and artificial obstacles such as buildings and structures. On the other hand, Annex 14 Volume I, in the application of the obstacles limitation surfaces, apply the exception criteria, as it may not be possible to remove obstacles that violate the criteria if the aeronautical study determines that they do not impair the safety and regularity of aircraft operation. Aeronautical study has been applied and implemented in various countries including United States, Canada and Europe etc. accordingly, Korea established and amended some provisions of the Enforcement rules of the Aviation Act and established the Aeronautical study guidelines to approve exceptions. However, because ICAO does not provide specific guidelines on procedures and methods of Aeronautical study, countries conducting aeronautical study have established and applied their own procedures and methods. Reflecting this realistic situation, at the 12th World Navigation Conference and at the 38th General Assembly, the contracting States demanded a reexamination of the criteria for current obstacle limitation surfaces and methods of aeronautical study, and the ICAO dedicated a team of experts to prepare new standard. This study, in line with the movement of international change in obstacle limitation surface and aeronautical study, aims to compare and analyze current domestic and external standards on obstacle limitation and height limits, while looking at methods, procedure and systems for aeronautical study. In addition, expecting that aeronautical study will be used realistically and universally in assessing the impact of obstacles, we would recommend the institutional improvement of the aeronautical study along with the development of quantitative analysis methods using the navigation data in the current aeronautical study.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• The Korean Journal of Archival Studies
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• no.18
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• pp.221-254
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• 2008

Community Archpe is . Community Archpe is as close as a kind of a complex of culture space or community center which puts individuals and small community together with culture soil in a central position. For example Community Archpe can include community library, community archive, community historical center, community recovery center, community commencement of an enterprise center, etc. We need small library, archive and historian rather than big scale institution and professional system to take care of culture soil which belongs to an individual and community. Community Archpe is located in coordinates of two intention points. First intention is, a 'Heterogenous Smithy'. Heterogeneity deals with Community Archpe's life. Second intention is, a 'Feminine Smithy'. Community Archpe can be a recovery community when we are in the recovery context, which understand and support a person through archives and history. Then, what can Community Archpe do? First, it can be a new movement of the community. Second, it can also be a centripetal point of classic life. Community Archpe surly locates in the central of Community. Therefore, it will be a cultural literary soil and be a smithy of community history and culture. Thus Community Archpe will change a lot of things on people's life. Community Archpe will be a small happiness to ordinary people, even though it is not a state organ realizing large values.

• Korean Journal of Heritage: History & Science
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• v.50 no.2
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• pp.94-115
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• 2017

'Arirang folk song in the Democratic People's Republic of Korea' was inscribed to the Representative List of the Intangible Cultural Heritage of Humanity in 2014 and 'Tradition of kimchi-making in the Democratic People's Republic of Korea' followed in 2015. It is presumed that North Korea was influenced by the Republic of Korea inscribing 'Arirang, lyrical folk song in the Republic of Korea' to the list in 2012 as well as 'Kimjang, making and sharing kimchi in the Republic of Korea' in 2013. These cases show the necessity (or possibility) of cultural exchanges between the two Koreas through UNESCO ICH lists. The purpose of this article is to explore the possibility of inter-Korean cultural integration. Therefore, I would like to review UNESCO's ICH policy and examine the ways of cooperation and joint nominations to the Representative List of Intangible Cultural Heritage of Humanity between the two Koreas. First, I reviewed the amendments to the laws and regulations of the two Koreas and how the two countries applied the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. Although the cultural exchange is a non-political field, given the situation between South and North Korea, it is influenced by politics. Therefore, we devised a stepwise development plan, divided into four phases: infrastructure development, cooperation and promotion, diversification, and policymaking and alternative development. First a target group will be needed. In this regard, joint nominations to the Representative List of the UNESCO Intangible Cultural Heritage of Humanity will be suitable for cooperation. Both countries have already started separate nominations on shared ICH elements to the UNESCO lists. Therefore, I have selected a few elements as examples that can be considered for joint nominations. The selected items are makgeolli (traditional liquor), jang (traditional soybean sauce), gayangju (homebrewed liquor), gudeul (Korean floor heating system), and jasu (traditional embroidery). Cooperation should start with sharing information on ICH elements. A pilot project for joint nomination can be implemented and then a mid-term plan can be established for future implementation. When shared ICH elements are inscribed on UNESCO ICH lists, various activities can be considered as follow-ups, such as institution visits, performances, exhibitions, and joint monitoring of the intangible cultural heritage. Mutual cooperation of the two Koreas' intangible cultural heritage will be a unique example between the divided countries, so its value will be recognized as a symbol of cultural cooperation. In addition, it will be a foundation for cultural integration of the two Koreas, and it will show the value of their unique ICH to the world. At the same time, it will become a good example for joint nominations to the Representative List recommended by UNESCO.

• The Journal of Korean Philosophical History
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• no.52
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• pp.131-155
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• 2017

While the lecture activities in Simwonsa, Ganjae Jeon Wu(1841~1922) has established a "law of lecture activities" which was an ritual between a teacher and pupil, between the couple. Through this way he expected to recover the former ritual, even within their own school. In 1884 he built a "law of Sidong school", meaning to build a large object, elementary scholarship will serve as the rules of conduct, and argued that human nature mainly served to the core in the course of study. Ganjae in Mungyeong area was also discussing studies with Song Byeong-hwa(1852~1916) and received correspondence with scholars in areas related to Mungyeong. They were Kim Jae-kyung(1841~1926) and Park Se-hwa (1834~1910). Ganjae had also some big national events on the sojourn time in Mungyeong. In 1882 there were army incident, in 1884 there were a command of the government that people must pull on western clothes. Ganjae did not follow the command of the government. Someone asked "Can we not follow the command of the government?" Ganjae replied "We have a right to resist to the illegal command of the government. There were also 1884's Gapsin-coup, Ganjae saw that we must defend the country by rejecting foreign power and keeping our rituals. Given the above, the timing that Ganjae lectured in Mungyeong personally was a time that provided a clue to establish his core ideas. Nationally it was a time that must defend the country from foreign nations. Ganjae had faith that for keeping the country we must keep firmly our own rituals.

• Journal of Life Science
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• v.32 no.7
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• pp.578-587
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• 2022

Korea, as the world's 7^th largest emitter of greenhouse gases, has raised the national greenhouse gas reduction target as international regulations have been strengthened. As it is possible to utilize coastal and marine ecosystems as important nature-based solutions (NbS) for implementing climate change mitigation or adaptation plans, the blue carbon ecosystem is now receiving attention. Blue carbon refers to carbon that is deposited and stored for a long period after carbon dioxide (CO₂) is absorbed as biomass by coastal ecosystems or oceanic ecosystems through photosynthesis. Currently, there are only three blue carbon ecosystems officially recognized by the Intergovernmental Panel on Climate Change (IPCC): mangroves, salt marshes, and seagrasses. However, the results of new research on the high CO₂ sequestration and storage capacity of various new blue carbon sinks, such as seaweeds, microalgae, coral reefs, and non-vegetated tidal flats, have been continuously reported to the academic community recently. The possibility of IPCC international accreditation is gradually increasing through scientific verification related to calculations. In this review, the current status and potential value of seaweeds, seagrass fields, and non-vegetated tidal flats, which are sources of blue carbon on the east coast, are discussed. This paper confirms that seaweed resources are the most effective NbS in the East Sea of Korea. In addition, we would like to suggest the direction of research and development (R&D) and utilization so that new blue carbon sinks can obtain international IPCC certification in the near future.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.37 no.2
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• pp.74-88
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• 2019

This study developed the Assessment Indicator evaluating eco-cultural value of temple forest in Korea and applied the developed Assessment Indicator to Songgwang-sa(also known as Seungbo-sachal), one of the Three Jewels Temple. Literature reviews and the draft of Assessment Indicator were drawn from brainstorming(including 2 forest therapy experts, 1 Buddhist monk expert, 1 landscape architect, 1 forest expert, and 6 researchers). After that, the Assessment Indicator drawn from the group of experts(the 1st in-depth interview: 32 people, the 2nd in-depth interview: 30 people) was verified and revised. The final Assessment Indicator, which was composed of 4 parts and 20 items, was developed. The results are as follows. The eco-cultural Assessment Indicator of temple forest was composed of 4 parts, which were Historical Cultural value, Ecological value, Recreatory Visitational value, and Educational Useful value, and 20 items and each item had 5 points. Historical Cultural value had 5 items and its total points were 25. Ecological value had 5 items and had total 25 points. Recreatory Visitational value had 6 items, 30 total points. Educational Useful value had 4 items, 20 total points. The total points of the eco-cultural Assessment Indicator were 100 points. As a result of applying the developed Assessment Indicator to the target place, Songgwang-sa in Mt. Jogye, Historical Cultural value of temple forest was calculated as 23 points(out of 25). Ecological value was 21 point(out of 25), Recreatory Visitational value, 22 points(out of 30), and Educational Useful value, 16 points(out of 20). The total points were 82(out of 100). Consequently, this study is meaningful based on the following 5 aspects. Firstly, this study challenged the development of the eco-cultural Assessment Indicator of temple forest for the first time. It is significant because the developed Assessment Indicator can be a useful resource for the eco-cultural value of temple forest. Secondly, the result showed that Educational Useful value and Recreatory Visitational value of forest temple were very low. Therefore, the supports for leisure, tour, education, and use of temple forest are needed from Korea Forest Service, Ministry of Environment, Cultural Heritage Administration and other government agencies since they acknowledge the temple forest as the best customers in Korea. Thirdly, the excellence or for eco-cultural value of temple forest needs to be extended in a national level. It is possible to make a Korean National Bran(e.g., the Therapy at the Temple) by blending temple stay, which is only in temples, and therapy, and is also possible to be a global tour industry. Fourthly, this study suggested legal definition about the necessary of legal definition for temple forest because there is no legal definition on temple forest in the current situation. When the definition of temple forest is legally arranaged, it would be a foundation for conserving eco-cultural value of temple forest, for organizing exclusively responsible departments in governmental institutions, and further for registering temple forest as World Natural Heritage. Lastly, the developed eco-cultural Assessment Indicators of temple forest from this study would be applied to "the 7 Sansa, Buddhist Mountain Monasteries in Korea(Sansa)" and the characteristics of each 7 temple are drawn. This study would be a basic data for temples' management and use with the eco-cultural Assessment Indicator of temple forest.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.3-30
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• 2011

According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

• Journal of the Korean Geographical Society
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• v.38 no.2
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• pp.312-323
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• 2003

This writer absolutely agrees with the government that regional disequilibrium is severe enough to consider moving the administrative capital. Pursuing this course solely to establish a balanced development, however, is not a convincing enough reason. The capital city is directly related to not only the social and economic situation but, much more importantly, to the domestic political situation as well. In the mid-1970s, the proposal by the Third Republic to move the capital city temporarily was based completely on security reasons. At e time, the then opposition leader Kim, Dae-jung said that establishing a safe distance from the demilitarized zone(DMZ) reflected a typically military decision. His view was that retaining the capital city close to the DMZ would show more consideration for the will of the people to defend their own country. In fact, independent Pakistan moved its capital city from Karachi to Islamabad, situated dose to Kashmir the subject of hot territorial dispute with India. It is regrettable that no consideration has been given to the urgent political situation in the Korean peninsula, which is presently enveloped in a dense nuclear fog. As a person requires health to pursue his/her dream, a country must have security to implement a balanced territorial development. According to current urban theories, the fate of a country depends on its major cities. A negligently guarded capital city runs the risk of becoming hostage and bringing ruin to the whole country. In this vein, North Koreas undoubted main target of attack in the armed communist reunification of Korea is Seoul. For the preservation of our state, therefore, it is only right that Seoul must be shielded to prevent becoming hostage to North Korea. The location of the US Armed Forces to the north of the capital city is based on the judgment that defense of Seoul is of absolute importance. At the same time, regardless of their different standpoints, South and North Korea agree that division of the Korean people into two separate countries is abnormal. Reunification, which so far has defied all predictions, may be realized earlier than anyone expects. The day of reunification seems to be the best day for the relocation of the capital city. Building a proper capital city would take at least twenty years, and a capital city cannot be dragged from one place to another. On the day of a free and democratic reunification, a national agreement will be reached naturally to find a nationally symbolic city as in Brazil or Australia. Even if security does not pose a problem, the governments way of thinking would not greatly contribute to the balanced development of the country. The Chungcheon region, which is earmarked as the new location of the capital city, has been the greatest beneficiary of its proximity to the capital region. Not being a disadvantaged region, locating the capital city there would not help alleviate regional disparity. If it is absolutely necessary to find a candidate region at present, considering security, balanced regional development and post-reunification scenario of the future, Cheolwon area located in the middle of the Korean peninsula may be a plausible choice. Even if the transfer of capital is delayed in consideration of the present political conflict between the South and the North Koreas, there is a definite shortcut to realizing a balanced regional development. It can be found not in the geographical dispersal of the central government, but in the decentralization of power to the provinces. If the government has surplus money to build a new symbolic capital city, it is only right that it should improve, for instance, the quality of drinking water which now everyone eschews, and to help the regional subway authority whose chronic deficit state resoled in a recent disastrous accident. And it is proper to time the transfer of capital city to coincide with that of the reunification of Korea whenever Providence intends.