• Journal of Legislation Research
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• no.44
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• pp.283-314
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• 2013

Das koreanische Verwaltungsprozessgesetz (KVwPG) wurde am 24. 8. 1951 kodifiziert. Es hat bisher mehrmals $ge{\ddot{a}}ndert$. Der Regierungsentwurf des KVwPG-${\ddot{A}}nderungsgesetzes$ vom 30. 3. 2013, ist fast $drei{\ss}ig$ jahre nach der Novellierung des KVwPGs 1984 erfolgt und auch spiegelt sich die Erfolge der $Bem{\ddot{u}}hungen$ in Literatur und Rechtsprechung wider. Aber es gibt nicht nur einige Unterschiede zwischen dem Regierungsentwurf und dem Entwurf der Kommission des Justizministeriums zur ${\ddot{A}}nderung$ des KVwPG (dem sog. Kommissionsentwurf), sondern auch der Regierungsentwurf ist theoretisch nicht problemlos. Vor allem sind Begriff und Umfang der neuen Klagebefugnis nicht klar. Des weiteren sind in ${\S}$ 12 des Regierungsentwurfs die Klagebefugnis mit dem $Rechtsschutzbed{\ddot{u}}rfnis$ identisch gesehen. Der $Rechtsschutzbed{\ddot{u}}rfnis$ nach ${\S}$ 12 Satz 2 des Regierungsentwurfs kann aus meiner Sicht relativ eng ausgelegt. Die $Einf{\ddot{u}}hrung$ der Verpflichtugnsklage in den Regierungsentwurf ist sehr gut, aber es kann trotzdem als problematisch angesehen werden dass Feststellungsklage der Rechtswidrigkeit der Unterlassung und Anfechtungsklage gegen Ablehnung bestehen noch. Der Begriff der Unterlassung ist $unn{\ddot{o}}tig$ und auch strikt. $Vorl{\ddot{a}}ugier$ Rechtsschutz des Regierungsentwurfs ist unter dem Gesichtpunkt der Rechtsschutz der $B{\ddot{u}}rger$ noch zu verbessern, aber doch das Modell des japanischen Verwaltungsprozessgesetzes darf nicht befolgt werden. Aufbau und System des $vorl{\ddot{a}}ufigen$ Rechtsschutzes sind auch nicht eindeutig. Nach Gegenstand und Klageart muss das Institut des $vorl{\ddot{a}}ufigen$ Rechtsschutzes in Ordnung gebracht werden. Es ist nicht ${\ddot{u}}berzeugend$ dass die $Einw{\ddot{a}}nde$ gegen die $Einf{\ddot{u}}hrung$ der vorbeugenden Unterlassung mit dem Gewaltenteilungsprinzip und der $Eigenst{\ddot{a}}ndigkeit$ der Verwaltung erhoben sind. $Dar{\ddot{u}}ber$ hinaus ist ADR (Alternative Dispute Resolution) zu beachten. In Bezug darauf ist Rechtgrundlage $f{\ddot{u}}r$ Mediation in der Verwaltungsgerichtsbarkeit zu stellen.

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Korean Journal of Heritage: History & Science
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• v.54 no.4
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• pp.90-111
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• 2021

Seojangdaeyajodo is a drawing of Jangyongyoung's military night training on February 12 (lunar leap month), 1795. Focusing on the Seojangdaeyajodo, the positions and roles of the low-ranking soldier belonging to Jangyongyoung, and the composition and characteristics of military uniforms for each role were examined. The results ascertained by the historical research on the military uniforms are as follows. Deungronggun, noeja, sunryeongsu and daegisu who were placed in front of the king's Seojangdae were the low-ranking soldiers belonging to Jangyongyoung. The soldiers who escorted the king around Seojangdae were lowranking soldiers belonging to Jangyongyoung. The military uniform of the deungronggun was consisted of a jeolrip, a black heopsu, red gweja, indigo jeondae, white haengjeon and black shoes. The low-ranking soldier's heopsu suggested that it could also be a sochangui. He carried a sword and a red lantern. Noeja were divided into a sinjeonsu and a jujangsu. The military uniform of the noeja was consisted of a Jujeolrip, a black heopsu, red gweja, indigo jeondae, white haengjeon, and black shoes. Sunryeongsu were divided into a sinsigisu and a younggisu. The military uniform of the sunryeongsu was consisted of a jeongeon, a black heopsu, red gweja, indigo jeondae white haengjeon and black shoes. He carried a sword and a red lantern. The military uniform of the daegisu was consisted of a jeongeon, a black heopsu, blue gweja, indigo jeondae, white haengjeon and black shoes. He carried a sword and a flag. The soldiers surrounding Seojangdae and the seongjeonggun defending the fortress were the Chogun. The military uniform of the chogun was consisted of a jeolrip, a black heopsu, houi, indigo jeondae, white haengjeon and straw shoes. Houi was applying the five directional colors: the east is blue, the west is white, the south is red, and the north is black. He carried a sword and a gun. It was presented as an illustration of costumes that could produce contents by reflecting on these historical results. The basic principle of the illustration was to present the standards for 3D content production or actual production. Samples of form, color, and material according to the times and status were presented. The front, the side, and the back of each costume and the feature were presented, and the colors were presented in RGB and CMYK.

• Korean Journal of Heritage: History & Science
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• v.51 no.1
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• pp.32-47
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• 2018

The purpose of this study is to examine the vegetation maintenance project that was conducted as a part of the Official Development Assistance (ODA) project for the historic site of Angkor, to analyze the aspects and characteristics of the project, and to derive implications for the establishment of future policies and strategies. First, the key words used in the vegetation maintenance project at the historic site of Angkor do not only refer to the concept of plants (and more specifically to 'trees') but also to the concept of heritage. In other words, the concept of heritage is not limited to architectural structures but is also intended to mean the vegetation and surroundings that form the historic site. Second, the expansion of the value of vegetation has contributed to the establishment of the basic principles of conservation based on the 'coexistence' between architectural structures and vegetation; here, vegetation has come to be recognized as an 'essential' element in the conservation of historic sites. Third, the range of vegetation maintenance has expanded from each tree to the surroundings of the temples, and vegetation maintenance came to adopt 'integrative' and 'active' directions to improve not only the growth environment of the vegetation but also the viewing environment experienced by visitors. This change means that it is necessary for the historic site maintenance project to comprehensively deal with the temples and their surrounding areas. Fourth, for the effective performance of the ODA project, the role of the International Coordinating Committee for the Safeguarding and Development of the Historic Site of Angkor (ICC-Angkor), under the influence of UNESCO, was expanded from an examination of the problems with the existing projects to a search for solutions to technical consultation and supervision. This implies that, in order to perform the ODA project in a way that is appropriate to the local conditions, it is important to reach gradual and phased agreements with ICC-Angkor.

• 한국노년학
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• v.36 no.3
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• pp.673-691
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• 2016

As the provision of long-term care policy takes root and with a gradual increase in elderly population, the use of elderly care service has become a growing norm. More than ever, there exists an urgent need for a paradigm shift in the building of an institutional basis for the improvement of care service, from the prevalent practice of 'need based service' toward the concept of 'human rights based service'. A great focus is being shed on care-workers, at the 'front line' of advocating human rights, as their human rights advocacy behaviour is seen as a key variable in providing high quality care service for elders. This study aims to examine how care-workers' individual human rights awareness levels, and the influence of their respective organizations, as an environmental factor, affect their human rights advocacy behaviour. The study includes a comprehensive analysis of the interactions between the regulatory effect of environmental factors (service orientation?) on an organizational level, human rights awareness (individual level) and the service environment (organizational). The analysis sample consisted of 782 registered non-profit corporation of long-term care facilities all over the country in 2014. The findings of the thesis suggest that human rights awareness at individual levels has a significant influence on human rights advocacy behavior. The interaction of human resources management in service orientations was also found to influence human rights advocacy on a significant level. Both human rights awareness at individual level and service orientations at organizational level were thus determined as key variables for improving the human rights awareness of care worker in long-term care facilities in Korea.

• 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.

• Journal of Ginseng Culture
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• v.1
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• pp.11-27
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• 2019

The Jurchens, the ancestors of the Qing Manchus, had lived scattered in Manchuria and had made their living mostly on ginseng gathering and animal hunting. Their residential areas, rich with deep forest and numerous rivers, provided great habitation for all kinds of flora and fauna, but not so proper for agriculture. Based on their activities of foraging and hunting, the Jurchens developed a unique social organization that was later transformed into the Banner System, the most distinctive Qing military institution. By the sixteenth century, that the external trade brought considerable changes to Jurchen society. A huge amount of foreign silver, imported from Japan and South America to China, first invigorated commercial economy in China proper, and later caused a huge influence on Ming frontier regions, including Manchuria. In the late sixteenth century when the tradition of foraging and hunting encountered with silver economy, the Jurchen tribes became unified after years of competition and transformed themselves into the Manchus to build the Qing empire in 1636. In 1644 the Manchus succeeded in conquering the China Proper and moved into Beijing. Even after that, the Manchu imperial court never forgot the value of Manchurii ginseng; instead, they paid great efforts to monopolize this profitable root. Until the late seventeenth century, the Qing court used the Banner System to manage Manchurian ginseng. The banner soldiers stationed in Manchuria checked unauthorized civilian entrances in this frontier and protected its ginseng producing mountains from the Han Chinese people. All the process of ginseng gathering was managed by the institutions under the direct control of the imperial court, such as the Imperial Household Department, the Butha Ula Office, and the Three Upper Banner in Shengjing. Banner soldiers were dispatched to the given mountains, collect the given amount of ginseng, and send them to the imperial court in Beijing. The state monopoly of ginseng was maintained throughout the eighteenth and nineteenth centuries under the principle that Manchuria and its natural resources should be guarded from civilian encroachment. At the same time, Manchurian ginseng was considered as an important source of state revenue. The imperial court and financial bureau wanted to collect ginseng as much as they needed. By the late seventeenth century as the ginseng management by the banner soldiers failed in securing the ginseng tax, the Qing court began to invite civil merchants to ginseng business. During the eighteenth century the Qing ginseng policy became more dependent on civil merchants, both their money and management. In 1853 the Qing finally ended the ginseng monopoly, but it was before the early eighteenth century that wealthy merchants hired ginseng gatherers and paid ginseng tax to the state. The Qing monopoly of ginseng was in fact maintained by the active participation of civil merchants in the ginseng business.

• Korean Journal of Heritage: History & Science
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• v.54 no.2
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• pp.78-97
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• 2021

Seojangdaeyajodo is a drawing of military night training on February 12th (lunar leap month), 1795. Focusing on the Seojangdaeyajodo, the characteristics and of the costumes worn by various types of officials were examined. There were 34 officials located near King Jeongjo in and around Seojangdae, with 27 Dangsanggwan and 7 Danghagwan. They wore three types of costumes, including armor, yungbok, and military uniforms. All of the twelve armor wearers and the five officials wearing yungbok were dangsanggwan, and the military uniform wearers included eleven dangsanggwan and six danghagwan. For the shape of the armor, the armor relics of General Yeoban, suitable for riding horses, and the armor painting of Muyedobotongji were referenced, and the composition of the armor was based on practicality. The armor consists of a helmet, a suit of armor, a neck guard, armpit guards, arm guards, and a crotch guard. The color of the armor was red and green, which are the most frequently used colors in Seojangdaeyajodo. The composition of yungbok was jurip, navy cheollik, red gwangdahoe, socks made of leather, and suhwaja. The composition of the military uniform was a lined jeolrip, dongdari, jeonbok, yodae, jeondae, and suhwaja. There were differences in the fabrics used in dangsanggwan and danghagwan military uniforms. Dangsanggwan used fabric with depictions of clouds and jewels, and danghagwan used unpatterned fabric. Moreover, jade, gold, and silver were used for detailed ornamental materials in dangsanggwan. The weapons included bows and a bow case, a sword, a rattan stick, wrist straps, and a ggakji. In the records of the King Jeongjo period, various colored heopsu were mentioned; the colors of the dongdari and jeonbok of dangsanggwan and danghagwan were referenced in various colors. It was presented as an illustration of costumes that could be used to produce objects accurately reflecting the above historical results. The basic principle of the illustration was to present the modeling standards for 3D content production. Samples of form, color, and material of the corresponding times and statuses were presented. The front, the side, and the back of each costume and its accessories were presented, and the colors were presented in RGB and CMYK.

• Korea Real Estate Review
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• v.24 no.1
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• pp.77-90
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• 2014

With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

• The Journal of Korean Philosophical History
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• no.58
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• pp.161-199
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• 2018

The contents and method of education of all Korean scholars are similar to the contents and method of education provided by Zhu Xi(朱熹), but they operated in a somewhat different way according to schools. Those who served as the first directors of Donam Seowon were Kim Gip(金集, 1574~1656), Song Joon-gil(宋浚吉, 1606~1672) and Song Si-yeol(宋時烈, 1607~1689), who were the writers of Kim Jang-saeng(金長生, 1548~1631). Donam Seowon is supposed to have weakened the status of scholarship and the activities of lectures as HwaYang Seowon and Seoksil Seowon, which principals were all the Noron(老論) scholars, grew to be the center of education institution of the Noron. Donam Seowon have not preserved the school regulations. But the way of operating system of Donam Seowon can be guessed through the letter of Song Joon-gil, who was the headmaster of the late 17th century on the whole operation of Donam Seowon. From this letter, it is assumed that the school of Donam Seowon is similar to the 'Unbyoung-Jungsa regulations' written by Lee Yi(李珥). The headmasters of Donam Seowon was the Noron scholars. And scholars of the Kim Chang-hyeop(金昌協, 1651~1708) school became headmasters more than the scholars of Kwon Sang-ha(權尙夏, 1641~1721) school. Headmasters of the Donam Seowon had served as the headmasters of HwaYang Seowon and Seoksil Seowon also. In the early days of the establishment of the Donam Seowon, the lecture activities conducted in Donam Seowon were preceded by the textbooks of Kim Jang-saeng/Song Si-yeol's teaching curriculum and neo-confucian books[i.e Sohak (小學)${\rightarrow}$Family Ritual(家禮)${\rightarrow}$Simkyong(心經)${\rightarrow}$Keunsarok(近思錄). It is assumed that the scholars of Seoksil Seowon, who was a Noron Nak-ron(洛論) scholars, gradually adopted Lee Yi's teaching curriculum[i.e, Sohak(小學)${\rightarrow}$Sasoe(四書)${\rightarrow}$Okyoung(五經)]. This lecture contents and procedure was contents and procedure of the Seoksil Seowon, established and operated by the scholars of the Kim Chang-hyeop school. Entrance qualification of Donam Seowon's did not place importance on the social status, but on scholarship and personality. The examination for a high-ranking government official was not allowed. Although the principle, students had to participate in the lecture and study(講學), they were living in Seowon, while the financial and operating of the Seowon became increasingly difficult, the students were changed to participate in the conference(講會) held twice a month while studying at their homes.