• Title/Summary/Keyword: 국제이주민

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The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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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.

Comparative Study on Perceived Effectiveness of Suncheon Bay International Garden Expo - 2013 and 2023 with a Focus on Visitors - (순천만국제정원박람회 개최효과 인지 비교 연구 - 2013, 2023년 방문객을 중심으로 -)

  • Kim, Tai-Won;Kim, Gunwoo
    • Journal of the Korean Institute of Landscape Architecture
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    • v.51 no.6
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    • pp.1-11
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    • 2023
  • By comparing and analyzing the effects of the 2013 Suncheon Bay International Garden Expo and the 2023 Suncheon Bay International Garden Expo, designated as Korea's first national garden, this study aims to present basic data for the future operation direction and sustainability strategy. First, in both fairs, satisfaction throughout the event was high, 4.0 or higher. In particular, the satisfaction level of the 2023 Suncheon Bay International Garden Expo was higher than that of the 2013 Suncheon Bay International Garden Expo. As the longest international event held since the COVID-19 pandemic, it reflected the citizens' demand for healing and recharging in natural spaces. Second, as a result of comparing the types of perceptions that affected satisfaction, it was found that economic, environmental, and ecological types commonly affected satisfaction at the 2013 and 2023 Suncheon Bay International Garden Expo. The 2013 Suncheon Bay International Garden Expo established the brand value as an "ecological city" by creating a garden in the city center along with an ecological resource called Suncheon Bay. In addition, the 2023 Suncheon Bay International Garden Expo expanded the scope of the garden to the entire city center. It also attempted to create a city where humans and nature coexist by realizing values, such as responding to climate change and carbon neutrality. In other words, one of the ways to secure urban competitiveness is to attract corporate investment and tourists and build a differentiated brand in Suncheon by promoting the 2023 fair based on the potential ecological values of the region after the 2013 Suncheon Bay International Garden Expo. Therefore, if the Suncheon Bay International Garden Expo continues to develop environmental and ecological content and programs in line with changes in society and tries to establish itself in citizens' perception through cooperation with local governments and residents, it will be able to establish its identity and brand power.

Changes in Exhibitions on the History of Balhae in Russian Museums and the Characteristics of Exhibition Narratives - with the focus on the Federal State Budgetary Institution of Culture "The Vladimir K. Arseniev Museum and Reserve of Far East History" - (러시아 박물관의 발해사 전시 변화와 전시 내러티브의 특징 - 아르세니예프 V.K. 국립극동역사보호지구 통합박물관을 중심으로 -)

  • JEONG Yoonhee
    • Korean Journal of Heritage: History & Science
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    • v.57 no.1
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    • pp.54-79
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    • 2024
  • The purpose of this research is to fill the vacuum created by the tendency of bias towards China among the curators of Korean museums who plan exhibitions focusing on Balhae, and to share with researchers in the countries concerned various supplementary research materials that could deepen their understanding of the history of Balhae. These materials are based on analyses of the details of exhibitions about Balhae held in a particular Russian museum and the characteristics of and changes in the museum's operational policy. Thus, this research focuses mainly on the permanent and special exhibitions held by the Far East History Museum and Reserve, whose collection represents the archaeological achievements of Russia regarding the history of Balhae. The first part of the research focuses on the layout of the exhibitions presented by the museum and the museum's operational policy. It reveals that the museum's permanent exhibitions follow a diachronic arrangement of the local history, while the first and second special exhibitions featured exhibits that were selected from the collections of the Russian Academy of Sciences and arranged according to specific themes. It also examines the museum's policy for operating the exhibitions, focusing on the operational rules, the human resources deployed to run them, and the related educational and PR programs. The second part of the research examines such issues as local politics, economy, education and culture related to the exhibitions on Balhae's history, and connects them to the background and development of the exhibitions. This study reveals that the permanent exhibitions were intended to promote historical awareness of the local area by museum visitors, particularly those who visited the exhibitions while the city was hosting important events such as international summits. It also reveals that the museum's first special exhibition led to the promotion of Korea-Russia cooperation on exchanges in the fields of culture and tourism, whereas the second special exhibition involved no PR efforts or related events, which was probably due to the changes that have occurred in the relationship between Russia and its neighboring countries since then. The final part of the study focuses on the characteristic features of the exhibition narratives, and compares school textbooks on local history and history books for general readers with the contents of the exhibitions. The analysis of the narratives based on the development of time shows that the history of the Mohe (or Malgal) tribes has been combined with that of Balhae, while they are treated separately in school textbooks. As regards political history, the narrative was largely focused on officials in Balhae's central government rather than on Mohe warriors in the border areas. The maps of Balhae presented in the exhibitions highlight the importance of accumulating empirical data. As for the exhibition of material cultures, this study suggests that the museums should obtain more archaeological floral and faunal remains related with agriculture and hunting. It also points out that the narrative on the theme of foreign relations deals with the archaeological relics of Unified Silla together with those of the Turkic tribes. As for the theme of philosophy and culture, the narrative focused on the state ceremonies and rituals of Goguryeo, a theme that has attracted little attention among Korean academic circles and which consequently requires further study. In conclusion, this study is meaningful in that it suggests a number of research topics regarding the development of exhibitions and exhibition narratives about the history of Balhae by a prestigious Russian museum that specializes in this subject.