• Korean Journal of Social Welfare Studies
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• v.43 no.1
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• pp.31-57
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• 2012

The purpose of this study is to understand the concept of publicness in social services. Recently, it has been argued that publicness be one of the key elements of social services even under the current social service marketization. Although publicness has been discussed in different ways in various academic areas, there is no consensus of what publicness really means, especially in social services. Therefore, reviewing discussions on publicness, this study intends to discover commonly shared aspects of publicness, and ultimately to suggest meanings of publicness in social services. This study also attempts to discuss whether different types of social service producers require different types of publicness under the context of welfare mix and social service marketization. The publicness in social services is related to various aspects: the scope of service recipients, trust toward social services, appropriate composition of services, social integration, role of government, and public accountability. Also it is suggested that the specific meaning and contents of publicness can be used in different ways for each social service producer, such as public, nonprofit, or profit sector. The study has academic and practical implications. This study provides the basis for further empirical studies on publicness academically and for implementation of publicness in the field of social services practically.

• The Korean Journal of Archival Studies
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• no.44
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• pp.5-49
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• 2015

Although a study on documentation strategy has been steadily releasing recently in the archival study field, it is rare that the cases or studies applying the institutional functional analysis methodology that Helen Samuels had suggested. The institutional functional analysis is a methodology to provide a comprehensive understanding of the record by defining the essential features of the institution at a macro level. The documentation area derived from the institutional functional analysis functions as a priori framework for an archivist to select and keep the records of the institution. In other words, by analyzing the function of the institution through the institutional functional analysis methodology, it makes possible to identify the functions not covered under the current records retention schedule at a macro level ensuring accountability of the organization's business activities. The documentation project of the United States is a prime example to comply with this background. In this study, by analyzing the case of the United States Congress, it is proposed the derived implications for applying the institutional functional analysis to the National Assembly of the Republic of Korea, where is the similar national institution to the U.S. Congress. For this purpose, firstly, the theoretical debate on the institutional functional analysis as the previous studies. Secondly, the documentation project of the United States Congress has been case analyzed by each function according to the institutional functional analysis. Thirdly, on the basis of the case study results, the implications are derived and it is suggested that the documentation areas applicable to the National Assembly of the Republic of Korea.

• The Journal of the Korea Contents Association
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• v.21 no.3
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• pp.634-644
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• 2021

Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.

• The Journal of the Korea Contents Association
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• v.22 no.7
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• pp.81-88
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• 2022

This study is to investigate the perception of domestic appraisers about the possibility of using artificial intelligence (AI) and related risks from the use of AI in the appraisal industry. We conducted a mobile survey of evaluators from February 10 to 18, 2022. We collected survey data from 193 respondents. Frequency analysis and multiple response analysis were performed for basic analysis. When AI is used in the appraisal industry, factor analysis was used to analyze various types of risks. Although appraisers have a positive perception of AI introduction in the appraisal industry, they considered collateral, consulting, and taxation, mainly in areas where AI is likely to be used and replaced, mainly negative effects related to job losses and job replacement. They were more aware of the alternative risks caused by AI in the field of human labor. I was very aware of responsibilities, privacy and security, and the risk of technical errors. However, fairness, transparency, and reliability risks were generally perceived as low risk issues. Existing studies have mainly studied analysis methods that apply AI to mass evaluation models, but this study focused on the use and risk of AI. Understanding industry experts' perceptions of AI utilization will help minimize potential risks when AI is introduced on a large scale.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.37-62
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• 2016

Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.28 no.1
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• pp.93-101
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• 2010

This paper aims to analyze success factors for the construction of Supdari(a traditional wooden bridge to connect small streams temporarily), which is a citizens' initiative project to revitalize local community in Jeonju-River, Jeonju City. Recently Supdari has been restored for the use of belongings in local festivals. But Jeonju-River Supdari was designed and built to unite local citizens and connect river-divided villages. This project shows how investing social capital like Supdari makes the community vitalize through citizen's active participation. As a citizen leading project, there were several critical factors for sucess. At first, there were some noticeable ways to encourage local citizen's participation in online and offline. In the online, the Supdari internet cafe introduced what is a Supdari, how to make it and where we build using various media of UCCs and photos. In the offline, the small scaled model of Supdari was made and exhibited in the entrance of the village and related several seminars were hosted to discuss how to construct Supdari with citizens, local assembly men and public officials together. The Second is the movement to restore traditional and cultural resources for the community recovery triggered the supports from local councils and many civic groups. Civic groups supported ecological and structural expertise to guarantee environment friendly and stable construction. And local councils mediated citizen's and administrative office's opinions. The third is flexible administrative management to help citizen's ideas to be realized. Officials extended setting period of Supdari on the condition with the civic-control safety management.

• (The) Research of the performance art and culture
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• no.36
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• pp.289-312
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• 2018

Pansori has been passed down over several generations and over time have undergone continued change in accordance with the times, as well as the skills and ability of the singer. Policies regarding intangible cultural treasures were established to preserve and promote the continuing tradition of art forms including Pansori and thus must spare no effort in supporting and preserving the genre. As such, for proper implementation of the newly legislated law, it is necessary to review the agents who pass down the tradition of Pansori and whether there are any areas that need to be changed in terms of our perception of culture in general. Pansory in the $21^{st}$ century features both contemporary aspects and mass appeal and have undergone many changes in how it is enjoyed. It is our responsibility therefore, to establish how the art and universality of Pansori should be promoted. From this perspective, this study reviewed the evolution of law on intangible cultural treasures, the current status of intangible cultural treasures being passed down with a focus on national treasures and those of Jeonbuk Province to shed light on issues. Diversification is needed in the number of those who carry this intangible cultural treasure, as well as the number of categories. To that end, a survey index or practical ability index must be taken into account for the application and designation of intangible cultural treasures. The study also noted issues of the categories for designation as intangible cultural treasures and discussed directions for improvement. In the case of Pansori, suggestions for improvement were presented for the designation of skilled artists by school, regular surveys and regular application, increased role of artists for increased mass appeal, survey of regional singers, supervision and monitoring of skilled artists and establishment of a manual for the education on how to pass down the art form. In doing so, efforts should be made to make the passing down of Pansori more active and related education more systematic. Since we are in the early years of the law on intangible cultural treasures being implemented, areas of improvement will continue to be identified. It is however certain that the proper support for the art form to be handed down should be done in a way where law and culture are complementary given that Pansori is not just a Korean tradition, but a tradition of mankind.

• The Korean Journal of Archival Studies
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• no.45
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• pp.219-253
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• 2015

The Records Management System in Japan has been developed to a comprehensive and unitary records management system based on the records life-cycle principle from the enactment of 'the Public Records and Archives Management Act' in 2009 and its implementation in April, 2011. The scope of objects has also been extended to documents of independent administrative institutions and specific confidential documents on diplomacy and defense. In addition, a series of Electronic Documents Management Systems have been built for the transfer of electronic records to the National Archives of Japan, which is called the Electronic Records Archives of Japan, in connection with the records and archives management systems covering creation, management, transfer, preservation, and use of electronic records. This paper deals with the core contents and characteristics of the records management system of Japan, focusing on the operational structure of the records and archives management law and electronic documents management. Firstly, The Cabinet Office and professional groups in records and archives management started to work on reformation of the records management system from 2003 and resulted in enactment of the Public Records and Archives Management Act in 2009. In that sense, the Public Records and Archives Management Act can be evaluated as a result of constant activities of the records management community in Japan for realization of accountabilities of government agencies to the general public. Secondly, the Public Records Management Act of Japan has a coherent multi-layer structure from the law, enforcement ordinances, guidelines, and to institutional documents management regulations in the operational system. This is a systematic structure for providing practical business units of each administrative agency with detailed standards on the basis of guidelines and making them to prepare their own specific application standards related to their unique businesses. Unlike the past, the National Archives of Japan became to be able to identify specific historial documents which should be transferred to the archives by selecting important historical records as early as possible after creating and receiving them in each institution through the retention schedule. Thirdly, Japan started to operate a system in regard to electronic records transfer and preservation in 2011. In order to prepare for it, each administrative agency has used EDMS in creation and management of electronic records. A Guideline for the Standard Format and Media released by the Cabinet Office in 2010 is also for the transfer of electronic records to the Electronic Records Archives of Japan. In future, it is necessary to conduct further studies on activities of the records and archives management community in Japan, relating to long-term preservation and use of electronic records.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.313-374
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• 2020

The idea of creating a new International Space Agency (ISA) is only my academic and practical opinion. It is necessary for us to establish ISA as an international organization for the efficient and rapid exploitation of natural resources in the moon, Mars and other celestial bodies. The establishment of ISA as a new international regime is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to establish as a preliminary procedure, it needs to make a "Draft for the Convention on the Establishment of an International Space Agency" among the space-faring countries. In this paper, I was examined the domestic space legislation in the United States, Luxembourg, European Space Agency, China, Japan, the Republic of Korea as well as space exploration and planning of the moons, Mars, Asteroids, Venus, Jupiter, Saturn, Titan and Other Celestial Bodies. The creation of an ISA would lead to a strengthening of the cooperation needed essentially by the developed countries towards joint and cooperative undertakings in space and would act as a catalyst for the space exploration and exploitation of the moon, Mars and other celestial bodies. It will be managed effectively and centrally the exploitation and exploitation of space the natural resources, technology, manpower and finances as an independent organization in order to get the benefit of the space developed countries by ISA. It is desirable and necessary for us to establish ISA in order to promote cooperation in space policy, law, science technology and industry among the space developed countries in the near future. The establishment of the ISA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon and other celestial bodies. I would propose the "Draft for the Convention for the Establishment of an International Space Agency." in refering the "Convention for the Establishment of a European Space Agency." This "Draft for the Convention Convention for the Establishment of an ISA" must pass the abovementioned "Draft for the Convention" by two-third majority of Diplomatic Conference in the UNCOPUOS. Finally, a very important point is need that a political drive at the highest level and a solemn statement by heads of state of the space devloped countries including the United Nations for the space exploitation of the medium and long term. It should be noted that this political drive will be necessary not only to set up the organization, but also during a subsequent period. It is desirable and necessary for us to establish the ISA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads of the superpowers including the United Nations will be agreed to establish ISA at a summit conference, 1 am sure that it is possible to establish an ISA in the near future.