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A Study on the Meaning of Outer Space Treaty in International Law (우주조약의 국제법적 의미에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.223-258
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    • 2013
  • 1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST 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", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

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A Study on Deliberative type of citizen participation: The case of The case of A Food Waste Recycling Facility in Ulsan City, Korea (숙의적 시민참여 모델 연구: 울산시 북구 음식물자원화시설 건립 사례)

  • Cho, Hyun-Suk
    • Journal of Science and Technology Studies
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    • v.6 no.1 s.11
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    • pp.1-30
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    • 2006
  • This paper is to analyse the case of citizen participation employed in the local government, Buk-gu (Northern District) in the city of Ulsan, Korea. A kind of deliberative type of citizen participation named' citizen jury' was exercised to resolve an environmental conflict between Buk-gu government and its residents. The conflict was caused by the construction of a food waste recycling facility near by some residential areas in Buk-gu. Theoretically this paper makes a typology of citizen participation methods. Two criteria are employed. First of all, lay citizens are the primary participant or not? Secondly, interactive communication is feasible or not among participants in the process of citizen participation. Four generic types of citizen participation are sorted out: technocratic, pluralist, direct/participatory, and deliberative type. Especially deliberative type of citizen participation is based on an idea of deliberative democracy. This paper argues that the case of citizen participation employed in Buk-gu belongs to deliberative type of citizen participation. The argument is based on the following reasons. Firstly, primary participants in deliberation process can be considered as lay citizens though they are selected form local NGOs and religious groups. According to a survey, most of participants said that they would participate in the process of deliberation in the capacity of lay citizens though they were selected by their own groups. Secondly, the citizen participation process was deliberately designed and implemented to facilitate competence of primary participants and fairness in the deliberation. Viewed from this analysis, this Buk-gu case can be safely considered an innovative method of citizen participation which is also very successful in resolving intractable environmental conflict in the local government.

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Aeroelastic Compatibility Substantiation of Aircraft External Stores Using the Dynamic Characteristic Data from Ground Vibration Test (지상진동시험 동특성 데이터를 활용한 항공기 외부장착물의 공력탄성학적 적합성 입증)

  • Lim, Hyun Tae;Kwon, Jae Ryong;Byun, Kwan Hwa;Kim, Hee Joong;Kim, Jae hoon
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.45 no.4
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    • pp.269-275
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    • 2017
  • The aeroelastic stability of a fighter type aircraft can be severly affected by the store mass, aerodynamic characteristics, and store combinations. Hence, the stability for the all store configurations must be substantiated before the aircraft in service. For the aeroelastic analysis, the design data and information for the aircraft structure, mass distribution, control surface characteristics, and external shape etc. are required. This is the reason that the store compatibility substantiations by a third party are restricted. However, according to the change of operational environment or the improvement of avionic technology, a new external store is developed and it should be installed on an aircraft without the support from the original supplier. This paper describe the process to substantiate the aeroelastic compatibility between a new external store and an imported aircraft whose design data is not available to a third party operating the aircraft.

A Study on the Use of Police Force in the Public Assembly: Focused on the Vehicle-wall-blocking and water cannon (집회현장에서의 경찰의 물리력 사용현황과 개선방안: 차벽과 물포 사용을 중심으로)

  • Hwang, Mun-Gyu
    • Korean Security Journal
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    • no.50
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    • pp.307-337
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    • 2017
  • The freedom of assembly is the fundamental freedoms guaranteed by the Constitution. However, as far as our reality is concerned, the freedom of assembly is guaranteed only when it is under the control of the police, and otherwise it is perceived as an object to be suppressed. Police say even that they will not tolerate even a small illegal law while referring to the "broken window theory". Therefore, regardless of the peaceful nature of the rally, it is too obsessed with 'compliance'. This attitude is causing the citizens who participated in the assembly to be put to the object to be suppressed. This paper analyzes the requirements and current status of police force, focusing on the vehicle-wall-blocking and water cannon as a means of using the police force, which is a recent problem, and suggests ways to improve it. First of all, the installation of the wall cuts off the essential communication function of the assembly by separating the meeting place from the object of protest. Thus, despite the warning for prevention in the face of illegal acts, other than installing a barrier, it should be allowed only in the 'urgent case where there is a risk of causing damage to the life, body or property of the person'. Without this urgency, the vehicle-wall-blocking should not be allowed to be proactive as well as preventive. Secondly, the water cannon is a police force that is likely to harm people's life and body. Therefore, aiming shots, which could pose a significant risk to the human body, should in principle be prohibited. However, considering its risk, it should be supplementary used only when there is no other alternative, only when the direct risk to the legal interest of the other person or the order of public well-being is 'obvious'. In addition, as for the use standard of such a thing, it is necessary to be specified by law.

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Comparative Study on Water Rights (Regional, Riparian, and Appropriation) (지역수리권, 강변수리권과 점용수리권에 대한 비교 연구)

  • Koun, Hyoung-Joon;Park, Doo-Ho
    • Proceedings of the Korea Water Resources Association Conference
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    • 2009.05a
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    • pp.354-361
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    • 2009
  • 최근 물 사용 및 배분과 관련하여 각종 갈등이 첨예화 되면서 수리권에 대한 체계적인 정리가 필요하게 되었다. 특히, 각종 수리권의 적용 범위나 한계를 논하기 위해서는 근본적으로 하천의 자연유량과 인공유량에 대한 이해가 우선되어야 하는데 이는 수리권의 본질을 이해하는데 기본적인 사항이다. 이를 통해 자연스럽게 '강변수리권'과 '지역수리권', 그리고 또 다른 대표적인 수리권인 '점용수리권'에 대한 비교 검토를 함으로써 수리권에 대한 올바른 인식을 가능하게 하며 이로 인해 물의 합리적이고 효율적 배분에 기여할 수 있다. '강변수리권'은 오로지 강변에 위치한 토지에 필요한 물에 대해서만 적용되는 수리권으로 결과적으로 농업용수에 대한 권리이며 지방자치단체가 아닌 강변 토지 소유자에게 부속되어 있고 하천의 자연유량에만 적용되어 댐 건설로 인해 추가적으로 발생하는 유량에 대해서는 적용하지 않는다. 또한, '강변수리권'은 비록 사용하지 않아도 소멸되지 않으나 한번 소멸되면 회복할 수 없으며 타인에게 양도할 수 없다. 아울러 '강변수리권'끼리는 똑같은 우선권이 있기 때문에 물이 부족한 시기에는 주어진 양을 공유해서 사용하여야 하며 소량이지만 생활용수로 사용코자 하는 경우에는 등록증서가 필요하며 물을 저장해서 다른 시기에 쓰고자 한다면 수리권 허가가 필요하다. '점용수리권'은 "특정 기간동안 특정장소에서 특정한 용도로 특정 수원(水源)으로부터 특정한 양을 취수하는 배타적 권리이다". '점용수리권'은 물의 가용성(availability)을 기초로 하고 있으며 합리적이고 유용한 용도에 사용하는 것을 일반적인 원칙으로 하고 있다. '점용수리권'은 '선점수리권(first in time, first in right)'이라고도 하는데 '강변수리권'과는 다르게 강변에 인접하지 못한 토지소유자가 물을 취수하여 물을 이동시킬 수 있는 권리로 허가없이 증량할 수 없으며 5년간 사용하지 않는 경우에는 소멸된다. '점용수리권'을 얻고자 하는 사람은 장기간 물을 저장하여 사용하고자 하는 '강변수리권자'나 강변에 인접하지 않은 토지에서 지표수나 지하수를 저장하거나 사용하고자 하는 사람들이다. '지역수리권'을 뒷받침하는 사례로 자주 이용되는 미국의 경우에 주(州) 헌법이나 주(州) 수법에 주(州)내의 모든 물은 주(州)의 주민에 속한다고 천명하고 있다. 그러나, 추가적으로 수질관리, 홍수관리, 댐 운영, 재해방지 등 물과 관련한 포괄적인 기능도 주(州)의 책임으로 명시하고 있어 지방정부주(州)가 단지 물의 사용에 대한 권리만 위임받은 것이 아니며 물 관리에 따른 모든 책임까지도 함께 담당하고 있다는 우리나라와 같이 지방자치단체의 물 이용에 대한 권리만 의미하는 '지역수리권'과는 근본적으로 다름을 알 수 있다.

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Elicitation of Collective Intelligence by Fuzzy Relational Methodology (퍼지관계 이론에 의한 집단지성의 도출)

  • Joo, Young-Do
    • Journal of Intelligence and Information Systems
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    • v.17 no.1
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    • pp.17-35
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    • 2011
  • The collective intelligence is a common-based production by the collaboration and competition of many peer individuals. In other words, it is the aggregation of individual intelligence to lead the wisdom of crowd. Recently, the utilization of the collective intelligence has become one of the emerging research areas, since it has been adopted as an important principle of web 2.0 to aim openness, sharing and participation. This paper introduces an approach to seek the collective intelligence by cognition of the relation and interaction among individual participants. It describes a methodology well-suited to evaluate individual intelligence in information retrieval and classification as an application field. The research investigates how to derive and represent such cognitive intelligence from individuals through the application of fuzzy relational theory to personal construct theory and knowledge grid technique. Crucial to this research is to implement formally and process interpretatively the cognitive knowledge of participants who makes the mutual relation and social interaction. What is needed is a technique to analyze cognitive intelligence structure in the form of Hasse diagram, which is an instantiation of this perceptive intelligence of human beings. The search for the collective intelligence requires a theory of similarity to deal with underlying problems; clustering of social subgroups of individuals through identification of individual intelligence and commonality among intelligence and then elicitation of collective intelligence to aggregate the congruence or sharing of all the participants of the entire group. Unlike standard approaches to similarity based on statistical techniques, the method presented employs a theory of fuzzy relational products with the related computational procedures to cover issues of similarity and dissimilarity.

Conservation of Buddhist Monk Samyeong's Geumran-gasa and Jangsam, the National Folklore Cultural Heritage No.29 (국가민속문화재 제29호 사명대사의 금란가사와 장삼의 과학적 조사와 보존)

  • Chung, Young Ran;An, Bo Yeon
    • Journal of Conservation Science
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    • v.33 no.6
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    • pp.443-456
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    • 2017
  • The Geumran-gasa (Kasaya) and Jangsam of the monk Samyeong are historical relics and were designated as object No.29, a Buddhist costume of the Joseon Dynasty, by the National Folklore Cultural Heritage, in 1973. In 1984, after being treated for the purposes of washing and preserving the shape of the garments, the object was kept in the Temple Museum of Pyochungsa, as their holding institution. However, regular inspection conducted by the Cultural Heritage Administration in 2013 determined the need for a re-treatment. The Geumran-gasa had been originally made with 25 strips, but it had been separated into two parts and many pieces were lost. A part of the collar in the Jangsam was lost as well. Therefore, both relics needed to be restored. The re-treatment process involved pre-investigation, washing, reinforcement fabric dyeing, restoration, and fumigation. In particular, we focused on reinforcing the damaged parts and restoring the missing parts by applying advanced materials and methods in order to restore the original form as much as possible. This conservation is the result of the re-treatment of the cultural properties by replacing the old material used in past treatments and applying advanced methods under the basic principle of reversibility in conservation treatment.

The Effect of Oral Narration Learning for Children's Forest Fairy Tale on Self-Emotional Regulation and Community Spirit Cultivation (유아의 숲동화 구연학습이 자기감정조절과 공동체의식 함양에 미치는 효과)

  • Kang, Young-sik;Ma, Ji-soon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.7
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    • pp.112-124
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    • 2018
  • This study examines the effect of oral narration learning for children's forest fairy tales on self-emotional regulation and community spirit cultivation. To achieve this aim, experiments were conducted involving 40 children in S city during 16 sessions over a period of 8 weeks. Findings showed that the experimental group with oral narration learning regarding forest fairy tales was higher than the control group, confirming the usefulness of oral narration learning for forest fairy tales. In particular, the experimental group was higher than the control group in basic lifestyle, community spirit, sociality development and self-awareness of community spirit factors. In other words, children can focus their attention on fairy tales by reading, listening and directly experiencing fairy tale materials in nature as communication with nature in forest experience activities, and can collaborate with peers based on their emotional connection with nature. Their ability to practice principles and order as well as to improve relationships with peers and increase self-emotional regulation is enhanced through experience with fairy tale stories. Such results imply that the utilization of forest fairy tales needs to be enhanced, as forest fairy tale-linked activities have a positive educational effect on community spirit cultivation as well as self-emotional regulation.

A Comparative Study on the Legislative System of IPRs Management of government R&D outputs in Korea and U.S.A (한.미 국가연구개발사업의 지식재산권 관리제도 비교)

  • Kim, Hae-Do
    • Journal of Korea Technology Innovation Society
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    • v.12 no.3
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    • pp.638-661
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    • 2009
  • With the advance to the knowledge-based economy, science and technology (S&T) has been recognized as key factor in a nation's competitiveness. To cope with this kind of new trend Korean government has tried to increase the R&D investment and to streamline acts and regulations concerning national R&D activities. Korea's total R&D expenditure for the year 2007 amounted to about 31.3 trillion won including government R&D of 8.9trillion won. With these efforts the capacity of Korea S&T has made great strides recently. Korea was ranked world's top 7 in R&D investment, top 12 in S&T paper publication and top 4 in patent application. Korean government enacted several pieces of legislation concerning S&T : the "Technology Transfer Promotion Act (1999)"; the "Framework Act on Science and Technology (2000)"; and the "Presidential Regulation for Managing the Government R&D Programs (2001)." In addition, the government has put a lot of effort into promoting the commercialization of technologies developed in public sector and improving the infrastructure of technology transfer and commercialization. However in spite of these various efforts, the technologies obtained from the public sector have not been transferred to the industry properly. Only 24.2% of technologies developed in the public for the year 2005 were transferred to industry. The royalty revenues of the public for the year 2005 was 1.5% of their total R&D expenditure. It shows only a third of the percentage of royalty revenues for the public sector in the U.S.A. and a second of Europe. There are many obstacles of public technology transfer such as immaturity of technology market, lack of licensing experience, and inadequacy of legal system and government policy. In this study I compared the Korean legislative system of patent management of government R&D outputs with the American system, derived problems from Korean system, and suggested proper alternatives.

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Healing Landscape Design for Hospital Outdoor Space - A Case of the Kyeongsang National University Hospital in Changwon - (치유경관의 개념을 적용한 병원 옥외공간 조경설계 - 창원 경상대학교 병원을 사례로 -)

  • Min, Byoung-Wook
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.1
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    • pp.82-92
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    • 2013
  • This paper presents a landscape design proposal for the Kyeongsang National University Hospital in Changwon, Kyeongsangnam-do. The site is located at 555 Samjeongja-dong, Seongsan-gu, Changwon, Kyeongsangnam-do, and its area is approximately $79,743.1m^2$. The goal of the design was to create a landscape that helps the patients' recovery and public well-being as well as respects the surrounding environment. In order to achieve this goal, three design subjects were considered: maximizing the healing functions of the landscape, promoting ecologically regenerative landscape, and increasing the aesthetic value of the landscape based on the local context. For the healing aspect, first, therapeutic plants were carefully selected and various healing programs were introduced to the open space area such as the sensory garden, meditative space, the medicinal herb garden, outdoor acupressure treatment facilities, remedial playground etc. In addition, as the importance of patient's privacy is emphasized in research, the space and circulation patterns were divided according to the characteristics of the users. For ecological consideration, the design proposed to preserve and extend the existing ridgeline with pine forest, and recover the natural water system and recycle the water for the landscape management. For the aesthetic experience of the people, in contrast to the surrounding evergreen forest, diverse deciduous and flowering plants were introduced to arouse a sense of the season, and fruit bearing trees for wildlife to create a specific mood of being in nature so that people can listen to the songs of the birds and watch squirrels play etc. In addition, all the spaces and facilities were designed and placed according to universal design principles so that there would be no barrier for the patients to use them. Also, a sustainable management scheme was suggested to maintain the landscape in ecological and economical ways.