• Journal of the Korean Institute of Landscape Architecture
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• v.43 no.2
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• pp.105-113
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• 2015

The theory of landscape architecture applies environmental ethics in order to secure an ecological status. However, environmental ethics that focus on nature conservation excludes landscape architecture as artifacts. In the process, it is hard to identify what landscape architecture insists on as the middle position between humans and nature. Rather, landscape architecture pretends to be an 'agent of nature' and pushes the traditional moral values 'for people.' Therefore, the purpose of this study is to reestablish the anthropocentrism moral position of landscape architecture through critical analysis. Hargrove's weak anthropocentrism' of several environmental ethics branches accepts natural aesthetics(such as landscape architecture) as an ethical virtue. But environmental ethics makes landscape architecture a critical target. For that reason, this study looked into critical contents and objects that in a position to moral, aesthetic and landscape architecture. Critical details are as follows: First, nature is an absolute as an aesthetic and moral value, but landscape architecture is an imitation and takes a relaxed attitude about nature. Second, nature is full of aesthetic substance because it is self-creative, but landscape architecture is designed nature covered human flaws through imagination. Third, environmental management granting techniques in nature generate a moral nihilism. As an argument, environmental ethics overlooked the moral practices of landscape architecture beyond nature another moral aspect of creation and the imagination-and moral aspects of environmental management as 'care' because they rule out 'moral autonomy' and simplify what is considered 'good.' As a result, conservation cannot be the only virtue why the problem of nature in reality cannot be separated from human life. The moral position of landscape architecture based on a 'good life' is more appropriate under anthropocentrism than as a middle position.

• Korean Security Journal
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• no.61
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• pp.39-57
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• 2019

The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.4
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• pp.163-174
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• 2017

This study analyzed how Korean firms' recapitalization affects their capital structure decision and firm value. Recapitalization was categorized into three groups according to the influence of the debt to equity ratio: debt ratio-increasing-recapitalization(capital reduction with refund, cash dividend), debt ratio-unchanging-recapitalization (capital reduction without refund, retirement of repurchased stocks), and debt ratio-decreasing-recapitalization(exercise the rights for convertible bonds, bond with stock warrants, exchangeable bonds and stock options). This article highlights how the relationship between the firms' recapitalization and the capital structure decision driven by the change in debt to equity ratio through the recapitalization should affect the firm value. The whole recapitalization sample used for this analysis comprised 22,814 enterprises listed on the Korea Exchange that were analyzed over the 16-year period from 2000 to 2015. To summarize the results of this Panel Data Analysis, firstly, when a firm executes debt ratio-increasing-recapitalization and debt ratio-decreasing-recapitalization at the period of t-1, the debt to equity ratio, which is increased or decreased, should affect the firm's debt capacity in the same period, then, at the period of t, the firm establishes a leverage policy to readjust the debt to equity ratio the other way around. These adjustments of debt-paying-ability from the leverage policy, including the capital structure decision, finally affect the firm value. Secondly, when a firm implements the debt ratio-unchanging-recapitalization in the period of t-1, the debt to equity ratio, which is neutral, should not affect the firm's capital structure decision. But, the firm value is positively affected by the influence of that recapitalization. Conclusively, we acknowledge a firm which carries out the recapitalization balances its capital structure to the optimal level of leverage and that the capital structure decision positively affects the corporate value.

• Journal of Legislation Research
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• no.53
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• pp.337-374
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• 2017

Wer wegen eines Wahldelikts zu Geldstrafe von mehr als 1 Million Won verurteilt wird, verliert nach ${\S}$ 18 Abs. 1 Satz 3, ${\S}$ 19 Satz 1, ${\S}$ 266 des Koreanischen Wahlgesetzes $f{\ddot{u}}r$ die Dauer von $f{\ddot{u}}nf$ Jahren die $F{\ddot{a}}higkeit$, ${\ddot{o}}ffentliche$ ${\ddot{A}}mter$ zu bekleiden und Rechte aus ${\ddot{o}}ffentlichen$ Wahlen. Bei Verurteilung zu Freiheitsstrafe wegen eines Wahldelikts ${\ddot{A}}mter$ sich die Dauer des Verlusts der $Amtsf{\ddot{a}}higkeit$ und des aktiven bzw. passiven Walhrechts auf 10 Jahre. Dies erfolgt kraft Gesetzes. Das $hei{\ss}t$, dass die Entscheidung ${\ddot{u}}ber$ das Ob und die Dauer des Verlusts nicht im Ermessen des Gerichts steht. Allerdings sollte $diesbez{\ddot{u}}glich$ nicht verkannt werden, dass ein deratriger Entzug von $Amtsf{\ddot{a}}higkeit$, $W{\ddot{a}}hlbarkeit$ u.s.w., mit dem eine Straftat geahndet werden soll, selber von Natur aus eine Art Strafen darstellt. Der im ${\S}$ 41 des Koreanischen StGB geregelte Strafen-Katalog $enth{\ddot{a}}lt$ $n{\ddot{a}}mlich$ eine zeitlich begrenzte Aberkennung des oben genannten ${\ddot{o}}ffentliche$n Rechtsstatus als eine Art Ehrenstrafen. Nicht einleuchtend ist, warum das Wesen der Sanktion $gem{\ddot{a}}{\ss}$ ${\S}$ 18 Abs. 1 Satz 3, ${\S}$ 19 Satz 1, ${\S}$ 266 des Koreanischen Wahlgesetzes, die den gleichen Zweck und die gleiche Rechtsfolge wie die im ${\S}$ 41 des Koreanischen StGB geregelte Ehrenstrafe hat, nicht als Strafe aufgefasst werden sollte. Handelt es sich bei der oben genannten Sanktion um eine Art Ehrenstrafen, so stellt sich die Anforderung, sie je nach der Eigenart der begangenen Tat bzw. des $T{\ddot{a}}ters$ zu individualisieren. Das Gebot der Individualisierung der Strafen, welches $haupts{\ddot{a}}chlich$ vom materiellen Rechtsstaatsprinzip ableitbar ist, kann im Grunde nur verwirklicht werden, wenn das Gericht dazu befugt ist, unter $Ber{\ddot{u}}cksichtigung$ der konkreten $Umst{\ddot{a}}nde$ jedes Einzelfalls ${\ddot{u}}ber$ eine angemessene Strafe zu befinden. Somit ist der kraft Gesetzes eintretenden Verlust der $Amtsf{\ddot{a}}higkeit$ und der $W{\ddot{a}}hlbarkeit$ nur schwer mit dem Gebot der Individualisierung der Strafen vereinbar. Es $w{\ddot{a}}re$ deshalb $w{\ddot{u}}nschenswert$, wenn der Gesetzgeber eine Reform in Betracht ziehen $w{\ddot{u}}rde$, welche den Ersatz des kraft Gesetzes automatisch eintretenden Entzugs der $Amtsf{\ddot{a}}higkeit$ bzw. des Wahlrechts durch die gerichtliche fakultative Aberkennung von diesen Statusrechten beinhaltet.

• The Korean Journal of Archival Studies
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• no.16
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• pp.147-200
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• 2007

Archives provide users with easier and more convenient access to and use of archival data through their Internet websites. Now, archival websites function not only as a tool of information provision or marketing, or as a gateway of Internet-based materials, but also as cyber space for all services of archives, providing users with information and knowledge and direct accessibility to the services in the archives. At present, Korean archives are proceeding with establishing websites or upgrading existing websites, and the use rates and reliability of web services by users are becoming higher. However, although there have been various studies for the evaluation of general websites, few are found with regard to the evaluation of archival websites. It is necessary for archival websites that provide information service to users of every stripe to make more efforts and have more interest in user-centered convenience, right to know, and information provision-centered service. Accordingly, needless to say, it is necessary to study evaluation criteria of websites so that high quality archival websites can be established. With this background, this study establishes evaluation criteria for archival websites, which are appropriate to their objectives and functions and directly evaluates archives, presenting ways to establish and redevelop archival websites. More detailed purposes are as follows: First, analyzes existing theories of evaluation through reviews on previous literature and elicits evaluation criteria for websites, which are appropriate to archives; Second, based on the elicited evaluation criteria for archival websites, examines the current state of domestic archival websites through analytic evaluation; and Third, presents ways to improve archival websites that may be helpful in establishing or improving them in the future. The expectancy effects of this study are as follows: First, it will be helpful when one wishes to identify the current state of archival websites and to improve or redevelop existing websites, or to develop online service through website; Second, it will function as a checklist when a developer who is to establish an archival website wishes to develop evaluation criteria; and Third, it may be used as an inspection tool when an archives contracts out the establishment of its website.

• The Korean Journal of Archival Studies
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• no.33
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• pp.85-112
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• 2012

Group for the People without History(GPH) was launched at September 2002 and had worked for around five years with the following purposes; Firstly, GPH collects first-hand data on people's everyday lives based on fieldworks. Secondly, GPH constructs digital archives of the collected data. Thirdly, GPH guarantees the accessibility to the archives for people. And lastly, GPH promotes users to utilize the archived data for the various levels. GPH has influenced on the construction of archives on everyday life history as well as the research areas such as anthropology and social history. What is important is that GPH tried to construct digital archives even before the awareness on archives was not widely spreaded in Korea other than formal sectors. Furthermore, the GPH archives proposed a model of open archives which encouraged the people's participation in and utilization of the archives. GPH also showed the ways in which archived data were used. It had published forty seven books of people's life histories and five photographic books, and held six photographic exhibitions on the basis of the archived data. Though GPH archives had contributed to the ignition of the discussions on archives in various areas as leading civilian archives, it has a few limitations. The most important problem is that the data are vanishing too fast for researchers to collect. It is impossible for researchers to collect the whole data. Secondly, the physical space and hardware for the data storage should be ensured. One of the alternatives to solve the problems revealed in the works of GPH is to construct community archives. Community archives are decentralized archives run by people themselves to preserve their own voices and history. It will guarantee the democratization of archives.

• Korean Journal of Environment and Ecology
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• v.35 no.4
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• pp.336-346
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• 2021

The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers' efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.

• Journal of Korean Society of Forest Science
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• v.100 no.3
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• pp.522-534
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• 2011

The aim of this study is to draw forth the tasks for establishing the right of native biology in Korea through the case study on 'Access on genetic resources and Benefit Sharing'. For this purpose, this study decided on its research subject by selecting Hoodia, on which ABS treaty was made the most recently, through the examination of the representative ABS precedents on plant species. This study analyzed the process background of ABS on Hoodia, and compared & analyzed the ABS procedures of 'Bonn Guidelines' adopted by the 6th Conference of the Parties of the Convention on Biological Diversity in 2002 and Hoodia case. Together with the ABS major issues in common drawn as a result of this analysis, and "Nagoya Protocol" adopted by the 10th Conference of the Parties of the Convention on Biological Diversity, this study intended to shed a light on the impending tasks which Korea faces at present and its role relationship. The research results are as follows: 1. It is required that species habitats should be divided based on biological classification and its subsequent community should be established with the development of infrastructure such as a community's independent production, management and monitoring of bio-species. 2. There needs to be a designation of ABS National Focal Point for sharing of ABS-related general information, boosting of implementation of the relevant convention. 3. There needs to be the establishment of ABS convention system consequent on legislative, administrative, political procedures, and designation of the Competent National Authorities for the provision of the format of Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) and their contents assessment and confirmation. 4. There should be the establishment of integrated management system of ABS-related research and development of forest biological resources and its relevant research projects. 5. There should be information development through the distribution of responsibility and role between the ministries and offices concerned according to bio-resources, and there needs to be efforts in aiming for opening a working group of academic-industrial institutions for developing a mutually interchangeable system. 6. It's required that the efficient access between industrial circles and the people should be promoted by setting up ABS support center of biological resources in ministry and office's charge. 7. There should be a selection of a national supervisory organization for securement of the right of a local community and monitoring of ABS convention implementation, and a countermeasure system for preventing outflow of forest bioresources. Conclusively, it's judged that it will be possible to inquire into the countermeasures for the establishment of the native forest biology dominion through such research results.

• Journal of Korean Classical Literature and Education
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• no.39
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• pp.67-97
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• 2018

The purpose of this paper is to clarify that the difference between past and present response to the same folktales relates to other cultural contexts. This is part of the research to explore the methodology of folktale education for intergenerational communication. This paper compares the reaction on a storytelling site from the past to with current college students' impressions. On the older site, the storyteller and audience sympathized with the characters of . Additionally, they were pleased with the conclusion that the characters would get a new family. However, university students thought that the characters of was incompetent. University students evaluated their success as depending on other people, accidentally obtained. Such a difference was closely related to the culture of the group intervening when understanding the folktale. In the past culture, empathy, interdependence, and unity were considered important values. Meanwhile, the new-generation culture emphasized the individual's free will and rights, diligence, and honesty. As a result, due to differences in cultural context, university students distorted , and communication with past generations was also broken. In this paper, we study the folktale education methodology that helps communication between generations. this paper proposes that It is more suitable to tile the story instead of for university students. That is because resembles the cultural context of university students. At the same time, it has the same problem as .

• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.57-95
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• 2021

Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.