• The Korean Journal of Archival Studies
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• no.66
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• pp.203-227
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• 2020

This article explores the influence of the king in the Joseon dynasty's document transmission system, focusing on some exceptional cases. According to the Joseon's law, the form of official documents depended on rank differences between receiver and sender. However, there were cases of not following the general principles such as Byungjo(兵曹), Seungjeongwon(承政院) and Kyujanggak(奎章閣). Byungjo was a ministry in charge of military administration. Seungjeongwon was a royal secretary institution which assisted the king and delivered king's orders that existed from the early Joseon. Kyujanggak was a royal library and an assistant institution of the king that was established in the JeongJo(正祖) era. Byungjo was regarded as a relatively high-ranking institution when it sent and received military-related documents. Seungjeongwon and Kyujanggak could use Kwanmoon(關文) to upper rank institution. Kwanmoon was the document form used for institutions of the same or lower rank than itself. Conversely, higher rank institutions used Cheobjeong(牒呈) which was stipulated as a document form to using upper rank institution in law to send them. The reason that they could have privileges in transmission document system was that Joseon had an administrative system centered on the king. Byungjo was an institution entrusted with military power from King. Seungjeonwon and Kyujanggak took charge of the assistance and the delivery of King's order. so they could have a different system of receiving and sending document than the others. In conclusion, the Joseon Dynasty operated exceptions in document administration based on the existence of the king, it means Joseon's transmission document system was basically operated under the Confucian bureaucracy with the king as its peak.

• Journal of Legislation Research
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• no.54
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• pp.111-154
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• 2018

The protection of fundamental rights of people is a natural duty of a state. Since Constitutional Law declare that a state is obliged to protect the fundamental rights of people obviously, it is reasonable to postulate that a state has a duty to protect every person's right much more positively. Of course, it is true that whereas right of freedom is much more important in modern states, the social right becomes more important currently. Nevertheless, we have no choice but to put an emphasis on the importance of the right of freedom like modern states. Thus states are still bound to try to protect the right of people, specific duty of behavior for the sake of right of freedom belongs to states. In particular, due to the fact that lifts are essential to our comfortable life and the demage from the accident concerning with the lifts is fatal, the strategy for securing the safety of using the lifts is significant to some extent. And because it is true that the experience of UK that put an emphasis on the role of civil actors is meaningful to us, there seems implications for us. Accordingly, it is possible to consider the material components such as the check of safety before installation for the sake of safety enhancement, quality control for lifts parts, specification of check criterion and variation of check cycle etc. and personal ones such as specification of qualification of competent persons, guarantee of competent person's independence, variation of obligator's duty and variation of user's obligation etc. However, as the situation of UK is one thing and that of Korea is another, we don't have to adhere to the policy and the experience of UK strictly. Rather, we had better apply the policy and experience of UK to ours appropriately.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.47-67
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• 2009

In recent years, greenhouse gas (GHG) reduction has become high priority issue in international aviation. GHG emissions from the aviation sector only accounts for approximately 2 percent of total GHG emissions in the world. However, as with GHG gases in other sectors, it has been pointed out as a contributing factor to global warming and there is an ongoing conversation in the aviation community to establish international framework for emissions reductions. In the case of international aviation, effects of aviation activities of a State go beyond the airports and airspace of that State. This makes compiling of GHG emissions data very difficult. There are also other legal and technical issues, namely the principle of “Common but Differentiated Responsibility (CBDR)” under the United Nations Framework Convention on Climate Change (UNFCCC) and “Fair Opportunity” principle of the Chicago Convention. For all these reason, it is expected that it will not be an easy job to establish an internationally agreed mechanism for reducing emissions in spite of continuing collaboration among States. UN adopted the UNFCCC in 1990 and the Kyoto Protocol in 1997 to impose common but differentiated responsibility on emissions reductions. In international aviation, ICAO has been taking the lead in measures for the aviation sector. In this role, ICAO held the High-level Meeting on International Aviation and Climate Change on 7 to 9 October 2009 at its Headquarters in Montreal and endorsed recommendations on reducing GHG from international aviation which will also be reported to the 15th Meeting of the Conference of the Parties (COP15). Key items include basic principle in global aviation emissions reduction: aspirational goals and implementation options: strategies and measures to achieve goals: means to measure and monitor the implementation; and financial and human resources. It is very likely that the Republic of Korea will be included among the Parties subject to mandatory limitation or reduction of GHG emissions after 2013. Therefore, it is necessary for Korea to thoroughly analyze ICAO measures to develop comprehensive measures for reducing aviation emissions and to take proactive actions to prepare for future discussions on critical issues after COP15.

• 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.

• Journal of Legislation Research
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• no.53
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• pp.553-591
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• 2017

This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

• Proceedings of the CALSEC Conference
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• 1998.10a
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• pp.45-55
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• 1998

A legal system is designed to regulate social phenomena appropriately minimizing potential disputes arising out of conflicts with social phenomena and to seek for stability of legal life. The development of information technology and network infrastructure changed way of communication significantly, which realized the new transactional concepts, such as EDI(Electronic Data Interchange), Commerce At Light Speed(CALS) and Electronic Commerce(EC). However, current legal systems of each nation, which are based upon the paper document, do not seem to accomodate such types of emerging transactions. In that context, we can observe many issues which cannot be resolved among the parties involved in such transactions even under the several sui-generis statutes regarding EDI in Korea. Based upon the recognition of the above circumstances, this paper will browse legislative efforts in advanced countries and international institutions like UNCITRAL, and WTO. Also this will cover outstanding issues in relation with the deployment of electronic commerce in Korea and suggest what should be revisited for better accommodation of the changes going on.

• Journal of Chest Surgery
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• v.35 no.1
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• pp.43-47
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• 2002

Background: With the advances of video technology, thoracoscopic surgery has been applied to various areas of the thoracic surgical fields including major surgeries. Now a days,-thoracoscopic surgery is Performed as a procedure of choice for primary spontaneous pneumothorax. But the operative indication for the primary spontaneous pneumothorax has not been changed since the last few decades, although the procedure of choice was changed from open thoracotomy to thoracoscopy. Therefore, we thought new treatment strategy will be necessary for the management of primary spontaneous pneumothorax. Material and Method: Between January 1998 and December 1999, 149 primary spontaneous pneumothorax patients were admitted to the Kyungpook National University Hospital. Result: Of these patients, 177 were first attack pneumothoraces and the number of total attacks were 250. Conclusion: Analyzing the amount of pneumothorax, methods of treatment, number of recurrences, recurrence rate and hospital stay, we propose a critical pathway for establishing new treatment strategy for the management of primary spontaneous pneumothorax.

• The Journal of the Korea Contents Association
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• v.7 no.9
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• pp.26-33
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• 2007

NPR is the area of research which does the image creation of the impression where the hazard person who creates made a human intimate image by the hand in objective. NPR in Cartoon-Rendering when the human being recognizes a thing, it is a technique which expresses a thing to use an appearance and the line which are a means of basic and intuitional expression. Also Cartoon the person probably is, the hazard which helps, raises the efficiency of namely meaning delivery and a simplification technique with the means for it uses. Is like this cartoon basic rules where the simplification and omission are life, from modeling, the low of LOD technique which it is using specially actively from game and one pulse communication is having a common point. The research which it sees Cartoon effects of GPU bases which use DirectX Shader programs LOD it leads and it applies the method for about under presenting it expresses Cartoon effects in exterior.

• Journal of the Society of Cosmetic Scientists of Korea
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• v.28 no.3
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• pp.109-145
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• 2002

Council Directive 76/768/EEC forms the basis of the actual legislation of cosmetics in the European Union (EU). After a short introduction on the background and philosophy of this legislation, the key points will be discussed. In particular, attention will be given to the basic principles for safety and in this context the effects of the implementation of the 6th Amendment (Council Directive 93/35/EC) will be analysed. The major points for discussion will be: the safety requirements for cosmetics and the final responsibility for bringing these products on the EU market; the EU concept of safety of the finished product based on the safety of the individual ingredients; the existence of positive and negative lists of ingredients and the requirement for a European dossier for all finished products. Special attention will be given to the use of validated alternative methods and the consequences of the new proposal of a 7th Amendment. Finally, the safety evaluation as it is done by the SCCNFP (Scientific Committee on Cosmetics and Non-Food Products) in the case of an ingredient present on the positive lists and the evaluation done by a safety assessor in the case of a technical information file for a finished product, both will be discussed in detail.

• Korean Journal of Biological Psychiatry
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• v.5 no.1
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• pp.3-16
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• 1998

The neurophysiological study has been widely used in search of the relationship between brain and behavior. The basic techniques for the animal experiments of this kind such as stereotaxic techniques, lesioning methods, the methods of electrical stimulation and recording, and confirmation of histological location were briefly reviewed. Nevertheless, the importance of complementary neurochemical, neuroanatomical and behavioral studies can not be neglected.