• Title/Summary/Keyword: 규율

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Photography as a SuNeillant of the Society (사회 감시자로서의 사진)

  • Kim, Hyung-Gon
    • Korean journal of communication and information
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    • v.20
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    • pp.33-56
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    • 2003
  • The main purpose of this study is to understand social role of the photography. The photography makes the people do not deviate from social discipline. In this meaning, the photography is a surveillant of the society. Especially, this study examines the social role of the photography at the European society in 19th century. In order to accomplish the above purpose of this study, the oppressive and honorific functions of photography are investigated. The result of this study is described as follows. First, the surveillance through photography extends its areas to everyday life of the people. Second, the development of technology releated to photographic image produces new types of surveillance. Third, the photography presents the images of model persons and the photography makes the people follow this images.

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The Main Issues in the International Arbitration Practice in Korea (한국의 국제상사중제에 대한 주요 논점)

  • Suh, Jeong-Il
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.3-25
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    • 2011
  • 국제상사중재를 다루는 중재판정부의 중재인은 당사자들 간의 유효한 합의를 통하여 구속력 있는 중재판정을 행사할 권한을 가진다. 중재계약에 다른 정함이 없는 한 중재인의 판정권에 대한 결정은 중재인 자신이 내린다. 중재인은 중재합의에 의하여 그 권한이 부여된 사건에 대해서만 권한을 갖게 되나, 명시적으로 그 권한에 따라야 하는 사건 외에 당해 사건을 해결하기 위하여 처리하지 않으면 안 될 모든 문제, 즉 당해 사건과 절단될 수 없는 형태로 연계되어 있는 문제 또는 그 부차적인 조건의 문제를 해결하여야 하는 책임을 지게 된다. 중재판정부는 그 자율적인 권한범위를 규율하는 권한을 가지며, 그 권한 속에는 중재합의의 존부 또는 효력에 관한 것도 포함된다. 중재인의 판정권에 이의가 있는 당사자는 법원에 중재계약의 부존재 무효 확인을 청구할 수 있고, 중재판정이 이미 내려진 경우에는 중재판정취소의 소를 제기하거나, 집행판결에서 이의를 제기할 수 있다. 우리 중재법의 입장에서 국제중재판정의 판정기준에 대해 는 중재판정부는 당사자들이 지정한 법에 따라 중재판정을 내려야 하며, 특정 국가의 법 또는 법체계가 지정된 경우에 달리 명시되지 아니하는 한 그 국가의 국제사법이 아닌 분쟁의 실체법을 지정한 것으로 보고 있다. 국제중재의 법적 안정성, 예측가능성의 관점에서 실정법을 그 판단의 규준으로 삼는다. 한국의 국제중재의 특성은 국제성 중립성, 보편성을 보장받는 점이다. 중재인 구성원은 세계 각국의 국적을 가진 전문 중재인들이 참가하고 있다. 중재절차에 있어서도 중재인은 실체법이나 절차법, 또는 법률의 상충에 관계없이 어느 특정법률을 적용하도록 강요받지 않고 각각의 경우에 가장 적합한 법률에 따르며 중재판정부의 진행절차는 국제중재규칙에 의해 규율된다.

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Eunsa Memorial Science Museum and Colonial Science Technology (은사기념과학관(恩賜記念科學館)과 식민지 과학기술)

  • Jung In-Kyung
    • Journal of Science and Technology Studies
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    • v.5 no.2 s.10
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    • pp.69-95
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    • 2005
  • Eunsa Memorial Science Museum is a political space to justify ruling colony. Japanese imperialism made use of science museum in ruling colony under the cloak of propagating science thoughts. The science museums made it natural to rule the inferior Joseon(Korea) by bring the concept of 'Great Science Empire' into relief. The exhibition, lecture, experiment and science movies propagated those colonial ruling ideology. This transplantation of the colonial science museumraised the following problems. First, the science museum was used as means for the propagation of political power. All the aspects of the architecture, exhibition, and operation of the colonial science museum propagated and supported the direction of political authority, and furthermore planted a rosy phantasm of 'Development' and 'Progression' into the colony. Second, The science technology of science museum was treated as 'Result' and 'Instrument'. Japanese imperialism denied that the science is a historical and cultural staple product; it instilled only the 'Instrumental Rationality' in the colony. Third, the science technology dealt in the colonial science museum was below the level. What they educated and set forth as domestic science was to cultivate the laborers people for the political power by internalizing modernistic discipline.

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The Educational Meaning of Training : In the Works of Deleuze and Guattari (훈련과 교육의 재고찰)

  • Jeong, Chang Ho
    • Korean Educational Research Journal
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    • v.40 no.3
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    • pp.17-38
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    • 2019
  • Deleuze and Guattari revive the educational meaning of training. For them, "a violent training" always penetrates unconsciousness and consciousness. For example, we can float on water only by swimming. There is a complex historical exploration on the subject of training. Socrates distinguishes the training of spirit from that of the body, so he secures the independence of educational language. This heritage continues to us until today. However, Foucault argues that, since the modern era, humans have accepted an active obedience by "disciplinary training". Nowadays, the term "skill discipline" is also reduced to business language, and we should overcome this situation. Deleuze and Guattari suggest a "becoming-other" argument predicated on "pre-conscious singularities" on this point. The training of spirit evolves in relation to a body and other circumstance for them. Therefore, the traditional hierarchy between spirit and body is erased in their argument. Ironically, this argument displays "educational effectiveness" to success Socrates's heritage subverting to the modern thinking of it. In conclusion, we can now rethink the educational value of training based on this effectiveness. Kyudo training is an excellent example of education through body and spirit.

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Forty years of the Outer Space Treaty : the problem inherent in governing the weaponization of the outer space (우주조약 체결 40년 : 우주의 군사적 이용 규율 문제)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.207-223
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    • 2008
  • The launching of the Taepo-dong 1 on 31 August 1998 by the North Korea was the first case where the diplomatic protests was made against the flight, the purpose of which, the launching State claimed, consisted in space exploration and use. It is the principle regarding the freedom of space exploration and use, as included in the international treaty, that is relevant in applying the various rules and in defining the legal status of the flight. Its legal status, however, was not actually taken into account, as political negotiations leading to the test moratorium has been successful until present day in freezing the political crisis. This implies that the rules of the law lack the validity and logic sufficient in dictating the conduct of the States. This case shows that, in effect, it is not the rule but the politics that is to govern the status of the flight.

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A Study on Property Rights with respect to the Outer Space (우주공간에서의 재산권에 관한 소고)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.111-129
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    • 2008
  • Denying the legitimacy of occupying any parts of the outer space satisfied the political interests of space fairing States. 'Res communis' idea was converted into the rationale which met such political needs in the best way available. This rationale, as its roman law concept implies, is based upon ownership to things. Ownership paradigm, as discussed in this paper, may be not sufficient for applying the OST. A new paradigm may be more valuable. Diversified type of the right to use would be best available one. Space commercialization should be understood in social and economical dimension, which is too diverse and important for space lawyers, especially adhering to ownership paradigm, to deal with. It is mature to admit that res communis rationale operated for 40 years is not sufficiently refined to foster the advent and benefit expected from space commercialization. Diversified type of right to use is to be taken into account seriously, as workable paradigm provided by other social science.

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The ballet dancer's self-management: The mechanism of monitoring and disciplining Space Studies (발레전공무용수의 자기관리: 무용공간에서 작동하는 감시와 훈육의 메커니즘 분석)

  • Lee, Jin-Hee
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.12 no.12
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    • pp.5469-5476
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    • 2011
  • The purpose of this study was to analyze relating with Faucult's disciplinary power which factors influence a dancer's self-management (weight control)Total 10 ballet major undergraduate students of two respective universities in Seoul and Daijon were selected for the research and the chosen method was an interview with them. After the researchers analyzed the interview result, they found out the following several significant results. The first reason that major ballet dancers control their weight is to show their beautiful figures on the stage and to make their appearances look slender in the mirror. Dancers adapt various methods for effective weight management (diet control) such as dietary control, 1 food intake (potatoes, bananas, grapes, etc), physical force to advise or ingest (injection, taking medicines, reflexology, vomiting, etc.) Then, what is the hidden vision that makes such a practice of weight control maintain? The study presents a "mirror" as a tool of control playing a significant role, in terms that the power of discipline functions automatically in a dancer's body. In addition, another constant factor of dancers' weight management is monitoring each other's performance continuously, which is called "synopticon" Symptoms. Lastly, the fact that a question about placing a ruler could function in the continuous practice was also revealed.

A study on the improvements of law for industrial technology outflow prevention : Focusing on international M&A (해외 M&A시 산업기술 유출 방지를 위한 법 개선 연구)

  • Kim, Seong-Jun;Kim, Woo-Hyun;Yi, Yeong-Seo
    • Korean Security Journal
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    • no.29
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    • pp.7-34
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    • 2011
  • Achieving high-level technology in fields such as IT-related industry, semiconductors, mobile phones, LCD, automobile, shipbuilding, etc., Korea has become an international market leader in those fields. In results, there are the increasing numbers of technology leakage attempts in various manners. Recently, technology leakages are not limited to illegal industrial espionage, but also occur during usual corporate proceedings such as technology transfer, joint research and M&A. In fact, there was a technology leakage issue in the M&A between Ssangyong Motors of Korea and Shanghai Motors of China. Current M&A regulations of Korea are not independent laws, but are spread over various laws, such as commercial law, Capital Markets and the Financial Investment Services Act, Foreign Trade Act, etc. This paper focuses on whether the current Korean regulations regarding M&A are able to effectively restrict the leakage of major information of corporate during M&A and seeks the complements.

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A study on mandatory insurance for aircraft operators (항공보험 가입의무에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.169-197
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    • 2018
  • The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

노사관계(勞使關係) 개혁(改革)과 노동시장(勞動市場) 변화(變化)

  • Lee, Ju-Ho;Kim, Dae-Il
    • KDI Journal of Economic Policy
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    • v.19 no.3
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    • pp.3-74
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    • 1997
  • 우리나라의 과거 노사관계 개혁을 평가하고 향후 노사관계의 진로를 모색하기 위해서는 우리나라 노동시장기능(勞動市場機能)에 대한 정확한 인식이 필요하다. 노사관계에 있어서 제도개혁(制度改革)과 시장기능(市場機能)은 밀접히 연관되어 잇다. 본고에서는 우리나라에서 1987년과 1997년의 두 차례에 걸쳐 이루어진 노사관계 개혁을 '노동시장(勞動市場)의 성과(成果)(labor market performance)'를 분석함으로써 평가하고자 하였다. 본 연구에서는, (1)우리나라 노동시장에서는 상품시장의 경쟁이 제한되어 있는 대기업부문을 제외하고는 시장의 가격기능(價格機能)이 기본적으로는 작동하고 있으며, (2)우리 노동시장의 경직화(硬直化)가 수급상황(需給狀況)의 변화에 따라 진행되고 있는바 시장기능(市場機能)을 보다 강화하기 위한 제도개혁(制度改革)이 요구되고 있고, (3)노사관계에 대한 시장규율(市場規律)(market discipline)을 강화하기 위해 상품시장에서의 경쟁 촉진, 공공부문의 개혁, 노동정책 틀의 변화 등이 요구된다는 결론(結論)에 도달하였다.

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