• Korean Security Journal
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• no.28
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• pp.33-56
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• 2011

This study is to practice a analysis of Q-methodological preference degree about the subjects on school curriculum centering around the views of the policemen in active service who are with Gwang Ju and Jeon Nam region. Concretely, this study mixed the subjects on school curriculum related to the police administration of universities located in Gwang Ju and Jeon Nam region and abstracted the twenty seven items as the final question point. Above this, this study integrated the similar or repeated subjects and drew up the question items through seperation process among the different subjects. After this, this study selected the twenty policemen as a first P-sample in active service presently on fourth month in the year 2011. In this process, this study eliminated the materials of six policemen who replyed unhonestly and selected the materials of ten-four policemen as a final effective sample. Furthermore, this study applicated a principal component analysis. This study practiced the I.II.III types of a preference degree analysis of the subjects related to the police administration. the concrete results are as follows: In a I type, the positive consent was showed in the subjects of criminal law, criminal procedure law, criminal speciality law and so on. In a II type, the positive consent was showed in criminal investigation science, emergency measure, the art of self-defence, criminal law, criminal procedure law and so on. In a III type, the positive consent was showed in criminal science, criminal investigation science, criminal procedure law, introduction to police science, police ethics and so on. On this basis, this study concluded the following common opinions. Firstly the actual and evidencial subjects which the policemen in active service feel as the commons were criminal investigation, criminal science, police ethics, criminal speciality law, criminal law business, police administration science, police law practice, emergency measure, the art of self-defence, general rules of civil law, administrative law and so on.

• Journal of Legislation Research
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• no.41
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• pp.229-260
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• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

• Journal of Legislation Research
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• no.44
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• pp.487-538
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• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.6
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• pp.646-652
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• 2014

Data of pollution incidents which occurred in shipyards of South Korea for 10 years from 2004 to 2013 were collected and analyzed in order to propose the plans for the prevention of pollution incidents in shipyards. Total number of pollution incidents in shipyards was 103 cases over the nation of Korea for the recent 10 years and the average annual number was about 10 cases, and annual cases tended to increase from 8 cases in 2004 to 23 cases in 2010 and then to decrease to 9 cases in 2013. The location data of pollution incidents showed 32 cases in Busan metropolitan city (31%), 30 cases in Jeonnam (29%), 21 cases in Gyeongam (21%), 5 cases in Jeju (5%), 4 cases in Gangwon (4%), 4 cases in Gyeongbuk (4%), 3 cases in Chungnam (3%) and 3 cases in Incheon metropolitan city (3%). According to the data of work types of shipyards, 60 cases happened during the work of ship repair (58%), 25 cases during the work of ship breakup (24%), 10 cases in the course of ship building (10%) and 8 cases by others (8%). The data of pollutant type showed oil and oily mixtures to be 59 cases (57%), waste paint dust to be 22 cases (21%), iron dust and welding slag to be 13 cases (13%), wastes to be 4 cases (4%), waste FRP powder to be 3 cases (3%), and others to be 2 cases (2%). The plans for the prevention of pollution incidents in shipyards of Korea were proposed as follows; (1) Observance of the related laws and regulations, (2) Establishment and implementation of action plans to prevent areas dense with shipyards from causing pollution incidents, (3) Establishment and implementation of oil pollution prevention plans in shipyards, especially during the ship repair and breakup works, (4) Preparation of measures to solve civil complaints against pollution incidents in shipyards, and (5) Improvement in national management for the control of shipyards.

• The Korean Journal of Archival Studies
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• no.26
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• pp.33-62
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• 2010

Buddhism was introduced in the Korea Peninsula 1600 years ago, and now there are over 10 million believers in Korea. The systematic Management of Temple Records has a spiritual and cultural value in a rapidly changing modern society. This study proposes a better management system of Buddhist temple records for the Jogye Order of Korean Buddhism. this system Not only supports transparency of religious affairs, but presents a way for a more effective management. in this study, I conducted a study on the national legislation for the preservation of buddhist temples and the local rules of religious affairs from the Jogye Order. Through this, I analyzed the problems of Buddhist records management. in the long term, to improve these problems, I purpose the establishment of temple archives be maintained by parish head offices. This study presents a retention schedule for this systematic establishment system. I present charts for the standard Buddhist records management that manage the total process systematically from the production of records to its discard. Also I present a general plan to prevent random defamation of Buddhist temple documents and impose a duty for preservation. I intend for this plan to be subject to discussion and tailored to the particular needs of temple reads. In creating these charts standard of Buddhist temple records management, I analyzed operating examples of foreign religious institutions and examined their retention periods. I also examined the retention periods and classification system from the Jogye Order. Then I presented ways for this management system to operate through computer programs. There is a need to establish a large scale management system to arrange the records of buddhist documents. We must enforce the duty of conserving records through the proposed management system. We need the system to manage even the local parish temple records through the proposed management system and the operation of the proposed archive system. This study presents research to from the basic of the preservation and the passing of traditional records to future generations. I also discovered the historical cultural and social value that these records contain. Systematically confirmed Buddhist temple records management will pave the way that these tangible and intangible cultural records handed down from history can be the cultural heritages. establishing a temple records management system will pave the way for these cultural records to be handed down to future generations as cultural heritages.

• Korean Journal of Heritage: History & Science
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• v.50 no.4
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• pp.82-103
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• 2017

Systems operating construction expenses for preservation and repair of the architectural heritage may be divided into two in the Japanese colonial era. They are preservation cost nd preservation cost-aided constructions, according to the ownership of a building. Preservation cost construction refers to preservation and repair of government-owned buildings that Japanese Government General of Korea had the ownership and the right of management, and preservation cost-aided construction means preservation and repair of private buildings such as Buddhist temples. In the case of preservation and repair of buildings owned by the government, it was done by the Japanese Government General of Korea, so the same agent executed the budget and managed the properties. They included royal tombs and relics, old government offices, Hyanggyo and some Seowon. On the other hand, in the case of preservation and repair of private buildings, they were private properties, so Japanese Government General of Korea had rights only for permission of preservation and repair. If there was a request for .preservation and repair by an owner, the Japanese Government General of Korea decided on whether it would support its expenses or not and played a role of management and supervision. It applied to Buddhist shrines and pagodas owned by Buddhist temples and shrines and temples owned by individuals and families. Hence, in the case of government-owned buildings, because the preservation cost was spent from the Japanese Government General of Korea's budget for investigation expenses of historical remains or repair expenses of Jeolleung and ruins, they were classified into preservation cost constructions. As for private buildings, the cost was spent from their budget for aiding preservation expenses, so they were classified into preservation cost-aided constructions. Because preservation cost construction and preservation cost-aided construction were conducted by two different agents, there were a little difference in procedures for executing a construction. There was no big difference in the general progress of constructions but was an administrative difference in the kinds of documents submitted and the roles of field supervisors. Such dual systems remained unimproved throughout the Japanese colonial era. The Japanese Government General of Korea was the colonial government so much influenced by the Japanese Government. Most Japanese architectural heritage was owned by Buddhist temples and Shinto shrines and there was almost no building owned by the government, resulting in a unitary system unlike Korea. Heritage system by the Japanese Government General of Korea was established under the influence of Japan regardless of the situation in Korea. Accordingly, Japanese Government General of Korea could not present a definite solution in the bisected system of preservation and repair expenses for the heritage. It shows the limits of the Japanese Government General of Korea in the colonial era.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.22-43
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• 2016

State Ownership of Excavated Cultural Heritage System was originated from the legislations concerning cultural objects during the Japanese colonial period (1910~1945) and was succeeded by the present Buried Cultural Properties Act enacted in 2011. Despite the importance of the system that completes the outcomes of excavations and determines the state-owned cultural properties, the foundation of national heritage, it has been limitedly regarded as administrative area and neglected by the academic scholars or policy researchers. Recently the traditional culture has drawn increasing domestic interest and awareness that the cultural heritage contributes to building cultural identity and vitalizing tourism has led to increasing the demand of a local government's role in management of the state-designated cultural heritage and even fighting for hegemony in securing the cultural objects between the central and local governments. Despite the continuing efforts for improving the selection process of cultural heritage and its management institution, establishment of an advanced objective system has been requested. This paper is intended to suggest the policy direction through demonstrating the problem and assignment caused in the process of implementing the Buried Cultural Properties Act and reviews the State Ownership of Excavated Cultural Heritage System from the legal point of view accordingly. First, I suggest improving the selection process of the state-owned cultural properties. Even though current law states that Administrator of Cultural Heritage Administration reviews the research reports and selects the possible candidates for the state-owned cultural properties almost all the cultural objects listed on the reports are practically selected. In this regard, two possible resolutions can be made; newly establishing a separate process for selecting the state-owned cultural properties after publishing the report or adding the selection process of the state-owned cultural properties during the heritage selection meeting. Either way should contribute to strengthening the impartiality and objectivity of the policy. My second suggestion is improving the operating system of the heritage selection meeting in which the cultural properties to be listed on the reports are determined. Given the present extensive assessment criteria, there is much room for certain experts' subjective opinions. Therefore, in order to enhance the fairness and credibility of the heritage selection meeting, specifying the assessment criteria and advance review of the expert list are necessary. Third, this paper suggests increasing the local government's role in management of the state-owned cultural heritage and diversifying the heritage management institution. Development of a local self-governing system has led to the increased demand for delegating the authority of the state-owned heritage management to the local governments. Along with this, the gradual improvements of public museum management raises the need for expanding the cultural benefits through increasing the local government's role in management of the state-owned heritage. Considering the fact that overall majority of the art collections housed at national or public museums is owned by the central government, developing a variety of heritage contents and vitalizing the heritage tourism are crucial. The true meaning and value of the state-owned cultural heritage hidden at the storage of a museum can be found when they are shared together with the public.

• The Korean Journal of Archival Studies
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• no.55
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• pp.39-71
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• 2018

The purpose of this study is to examine the reality of the records management of the National Assembly members and suggest a desirable alternative. Until the Public Records Management Act was enacted in 1999, the level of the records management in the National Assembly was not beyond that of the document management in both the administration and the legislature. Rather, the National Assembly has maintained a records management tradition that systematically manages the minutes and bills since the Constitutional Assembly. After the Act was legislated in 2000, the National Assembly Records Management Regulation was enacted and enforced, and the Archives was established in the form of a subsidiary organ of the Secretariat of the National Assembly, even though its establishment is not obligatory. In addition, for the first time, an archivist was assigned as a records and archives researcher in Korea, whose role is to respond quickly in accordance with the records schedule of the National Assembly, making its service faster than that of the administration. However, the power of the records management of the National Assembly Archives at the time of the Secretariat of the National Assembly was greatly reduced, so the revision of the regulations in accordance with the revised Act in 2007 was not completed until 2011. In the case of the National Assembly, the direct influence of the executive branch was insignificant. As the National Assembly had little direct influence on the administration, it had little positive influence on records management innovation under Roh Moo-Hyun Administration. Even within the National Assembly, the records management observed by its members is insignificant both in practice and in theory. As the National Assembly members are excluded from the Act, there is no legal basis to enforce a records management method upon them. In this study, we analyze the records management problem of the National Assembly members, which mainly concerns the National Assembly records management plan established in the National Archives. Moreover, this study proposes three kinds of records management methods for the National Assembly members, namely, the legislation and revision of regulations, the records management consulting of the National Assembly members, and the transfer of the dataset of administrative information systems and websites.

• Korean Journal of Heritage: History & Science
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• v.50 no.2
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• pp.94-115
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• 2017

'Arirang folk song in the Democratic People's Republic of Korea' was inscribed to the Representative List of the Intangible Cultural Heritage of Humanity in 2014 and 'Tradition of kimchi-making in the Democratic People's Republic of Korea' followed in 2015. It is presumed that North Korea was influenced by the Republic of Korea inscribing 'Arirang, lyrical folk song in the Republic of Korea' to the list in 2012 as well as 'Kimjang, making and sharing kimchi in the Republic of Korea' in 2013. These cases show the necessity (or possibility) of cultural exchanges between the two Koreas through UNESCO ICH lists. The purpose of this article is to explore the possibility of inter-Korean cultural integration. Therefore, I would like to review UNESCO's ICH policy and examine the ways of cooperation and joint nominations to the Representative List of Intangible Cultural Heritage of Humanity between the two Koreas. First, I reviewed the amendments to the laws and regulations of the two Koreas and how the two countries applied the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. Although the cultural exchange is a non-political field, given the situation between South and North Korea, it is influenced by politics. Therefore, we devised a stepwise development plan, divided into four phases: infrastructure development, cooperation and promotion, diversification, and policymaking and alternative development. First a target group will be needed. In this regard, joint nominations to the Representative List of the UNESCO Intangible Cultural Heritage of Humanity will be suitable for cooperation. Both countries have already started separate nominations on shared ICH elements to the UNESCO lists. Therefore, I have selected a few elements as examples that can be considered for joint nominations. The selected items are makgeolli (traditional liquor), jang (traditional soybean sauce), gayangju (homebrewed liquor), gudeul (Korean floor heating system), and jasu (traditional embroidery). Cooperation should start with sharing information on ICH elements. A pilot project for joint nomination can be implemented and then a mid-term plan can be established for future implementation. When shared ICH elements are inscribed on UNESCO ICH lists, various activities can be considered as follow-ups, such as institution visits, performances, exhibitions, and joint monitoring of the intangible cultural heritage. Mutual cooperation of the two Koreas' intangible cultural heritage will be a unique example between the divided countries, so its value will be recognized as a symbol of cultural cooperation. In addition, it will be a foundation for cultural integration of the two Koreas, and it will show the value of their unique ICH to the world. At the same time, it will become a good example for joint nominations to the Representative List recommended by UNESCO.

• 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.