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A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

Southeast Asia and ASEAN in 2016: Disappointing Records and Increasing Uncertainty (동남아와 아세안 2016: 기대와 혼돈 속에 커져가는 불확실성)

  • SHIN, Yoon Hwan
    • The Southeast Asian review
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    • v.27 no.1
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    • pp.95-129
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    • 2017
  • This study surveys and reviews political change, economic performance, and regional cooperation that were carried out in 2016 by Southeast Asian countries and ASEAN. This paper reports that what has followed the inauguration of new governments in Myanmar, the Philippines, Vietnam, and Laos fails to live up to the expectation and optimism that arose in the aftermath of elections and party congresses that took place in the first half of the year. In other countries such as Malaysia, Thailand, and Cambodia, where authoritarian regimes are faced with strong oppositions, the prospects for democratic change worsened to a substantial degree, as schisms and internal strives complicated the opposition camp as a result of instigation and intervention by the authoritarian leaders and their followers. In stable political systems, both democratic and authoritarian, no significant changes that may entail serious political implications were noticed. In 2016, the national economy of almost each and every country continued its slow but steady recovery that had started in 2014 and grew by 5% on the average. For 2017 onward, however, the earlier optimism that it would grow at least as fast dimmed down as uncertainty about the world economy looms larger due to the unexpected win by Donald Trump as U.S. president and the expected 'hard landing' of the Chinese economy around 2018. ASEAN declared the launch of the ASEAN Economic Community (AEC) only one day before the New Year, but its track record looked already bad and unpromising by the end of 2016. ASEAN leaders were tied up by their domestic politics and affairs too tightly to take time off to work seriously to observe the schedule as laid out in the AEC Blueprint 2025. Korea's relationship with Southeast Asian countries and ASEAN was "as good as it gets" in 2016 as ever but could become subject to tough review in the near future, if the Ministry of Foreign Affairs is found out to have been implicated in the ongoing Choi Sun Sil scandal and if the opposition wins the next presidential election to be held by this year.

Chronopolitics in the Cinematic Representations of "Comfort Women" (일본군 '위안부'의 영화적 기억과 크로노폴리틱스)

  • Park, Hyun-Seon
    • Journal of Popular Narrative
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    • v.26 no.1
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    • pp.175-209
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    • 2020
  • This paper examines how the cinematic representation of the Japanese military "comfort women" stimulates 'imagination' in the realm of everyday life and in the memory of the masses, creating a common awareness and affect. The history of the Japanese military "comfort women" was hidden for a long time, and it was not until the 1990s that it entered the field of public recognition. Such a transition can be attributed to the external and internal chronopolitics that made possible the testimony of the victims and the discourse of the "comfort women" issue. It shows the peculiar status of the comfort women history as 'politics of time'. In the same vein, the cinematic representations of the Japanese military "comfort women" can be found in similar chronopolitics. The 'comfort women' films have shown the dual time frame of the continuity and discontinuity of the 'silence'. In Korean film history, the chronotope of the reproduction of "comfort women" can be divided into four phases: 1) the fictional representations of "comfort women" before the 1990s 2) documentaries in the late 1990s as the work of testimony and history writing, 3) melodramatic transformation in the feature films in the 2000s, and 4) the diffusion of media and categories. The purpose of this article is to focus on the first phase and the third phase in which the issue of 'comfort women' is represented in the category of popular fiction films. While the "comfort women" representations before 1990 were strictly adhering to the framework of commercial movies and pursued the sexual exploitation of "comfort women" history, the recent films since the 2000s are experimenting with various attempts in the style of popular imagination. Especially, the emergence of 'comfort women' feature films in the 2000s, such as Spirit's Homecoming, I Can Speak, and Herstory, raise various questions as to whether we are "properly" aware of issues and how to remember and present the "cultural memory" of comfort women. Also, focusing on the cinematic representation strategies of the 2000s "comfort women", this article discusses the popular politics of melodrama, the representation of victims and violence, and the feature of 'comfort women' as meta-memory. As a melodramatic imagination and meta-memory for the historical trauma, the "comfort women" drama shows the historical, political, and aesthetic gateways to which the "comfort women" problem must pass. As we have seen in recent fiction films, the issue of "comfort women" goes beyond transnational relations between Korea and Japan; it demands a postcolonial task to dismantle the old colonial structure and explores a transnational project in which women's movements and human rights movements are linked internationally.

A Basis Study on the Optimal Design of the Integrated PM/NOx Reduction Device (일체형 PM/NOx 동시저감장치의 최적 설계에 대한 기초 연구)

  • Choe, Su-Jeong;Pham, Van Chien;Lee, Won-Ju;Kim, Jun-Soo;Kim, Jeong-Kuk;Park, Hoyong;Lim, In Gweon;Choi, Jae-Hyuk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.6
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    • pp.1092-1099
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    • 2022
  • Research on exhaust aftertreatment devices to reduce air pollutants and greenhouse gas emissions is being actively conducted. However, in the case of the particulate matters/nitrogen oxides (PM/NOx) simultaneous reduction device for ships, the problem of back pressure on the diesel engine and replacement of the filter carrier is occurring. In this study, for the optimal design of the integrated device that can simultaneously reduce PM/NOx, an appropriate standard was presented by studying the flow inside the device and change in back pressure through the inlet/outlet pressure. Ansys Fluent was used to apply porous media conditions to a diesel particulate filter (DPF) and selective catalytic reduction (SCR) by setting porosity to 30%, 40%, 50%, 60%, and 70%. In addition, the ef ect on back pressure was analyzed by applying the inlet velocity according to the engine load to 7.4 m/s, 10.3 m/s, 13.1 m/s, and 26.2 m/s as boundary conditions. As a result of a computational fluid dynamics analysis, the rate of change for back pressure by changing the inlet velocity was greater than when inlet temperature was changed, and the maximum rate of change was 27.4 mbar. This was evaluated as a suitable device for ships of 1800kW because the back pressure in all boundary conditions did not exceed the classification standard of 68mbar.

Trend Analysis of Barrier-free Academic Research using Text Mining and CONCOR (텍스트 마이닝과 CONCOR을 활용한 배리어 프리 학술연구 동향 분석)

  • Jeong-Ki Lee;Ki-Hyok Youn
    • Journal of Internet of Things and Convergence
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    • v.9 no.2
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    • pp.19-31
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    • 2023
  • The importance of barrier free is being highlighted worldwide. This study attempted to identify barrier-free research trends using text mining. Through this, it was intended to help with research and policies to create a barrier free environment. The analysis data is 227 papers published in domestic academic journals from 1996 when barrier free research began to 2022. The researcher converted the title, keywords, and abstract of an academic thesis into text, and then analyzed the pattern of the thesis and the meaning of the data. The summary of the research results is as follows. First, barrier-free research began to increase after 2009, with an annual average of 17.1 papers being published. This is related to the implementation guidelines for the barrier-free certification system that took effect on July 15, 2008. Second, results of barrier-free text mining i) As a result of word frequency analysis of top keywords, important keywords such as barrier free, disabled, design, universal design, access, elderly, certification, improvement, evaluation, and space, facility, and environment were searched. ii) As a result of TD-IDF analysis, the main keywords were universal design, design, certification, house, access, elderly, installation, disabled, park, evaluation, architecture, and space. iii) As a result of N-Ggam analysis, barrier free+certification, barrier free+design, barrier free+barrier free, elderly+disabled, disabled+elderly, disabled+convenience facilities, the disabled+the elderly, society+the elderly, convenience facilities+installation, certification+evaluation index, physical+environment, life+quality, etc. appeared in a related language. Third, as a result of the CONCOR analysis, cluster 1 was barrier-free issues and challenges, cluster 2 was universal design and space utilization, cluster 3 was Improving Accessibility for the Disabled, and cluster 4 was barrier free certification and evaluation. Based on the analysis results, this study presented policy implications for vitalizing barrier-free research and establishing a desirable barrier free environment.

The 50th Anniversary of the UNESCO World Heritage Convention: present status and challenges (유네스코 세계유산 협약 50주년, 현재 및 과제)

  • LEE Hyunkyung ;YOO Heejun ;NAM Sumi
    • Korean Journal of Heritage: History & Science
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    • v.56 no.2
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    • pp.264-279
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    • 2023
  • The 50th anniversary of the UNESCO World Heritage Convention was in 2022. In order to reflect on the present and future of the meaning of World Heritage, this paper examines the development and changes of the UNESCO World Heritage system. After promulgating the convention in 1972, the UNESCO World Heritage system prioritized the protection of heritage sites in the world that were at risk due to armed conflicts and natural disasters to bequeath heritage to the next generation. In addition, the UNESCO World Heritage's emphasis on Outstanding Universal Value represents the particular culture of human beings formed during a certain period of time, and acts as a significant source of soft power in public diplomacy. The UNESCO World Heritage might be perceived as a shared heritage that has not only become a channel to understand various national values, but also an effective medium to convey one of UNESCO's main principles, that is, peacebuilding. However, the UNESCO World Heritage is now at the center of conflicts of heritage interpretation between many stakeholders related to invisible wars, such as cultural wars, memory wars, and history wars as the social, political, and cultural contexts concerning World Heritage have dramatically shifted with the passing of time. Paying attention to such changing contexts, this paper seeks to understand the main developments in UNESCO World Heritage's discourse concerning changes to the World Heritage Operation Guidelines and heritage experts' meetings by dividing its 50-year history into five phases. Next, this paper analyzes the main shifts in keywords related to UNESCO World Heritage through UNESDOC, which is a platform on which all UNESCO publications are available. Finally, this paper discusses three main changes of UNESCO World Heritage: 1) changes in focus in World Heritage inscriptions, 2) changes in perception of World Heritage protection, and 3) changes of view on the role of the stakeholders in World Heritage. It suggests new emerging issues regarding heritage interpretation and ethics, climate change, and human rights.

Characteristics of Element Geochemistry in Ulleung Basin Sediments During the Late Quaternary (제4기 후기 동안 동해 울릉분지 퇴적물내 원소 함량 특성과 기원지 연구)

  • Um, In-Kwon;Choi, Man-Sik;Shin, Hyung-Sun
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.14 no.2
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    • pp.69-79
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    • 2009
  • Major and trace elements were analyzed in three core sediments to investigate geochemical characteristics of East Sea sediments and provenance changes during late Quaternary in Ulleung Basin. Comparing with Yellow and South Sea sediments, contents of major elements were generally similar while contents of trace elements were significantly different. Furthermore, within this basin, there were some variabilities in trace element compositions. In the western slope sediments (WS), Mo was enriched over 6 times as much as other sites. On the other hand, Zr, Nb, Hf and Ta were enriched in basin sediments (Basin), and Ca and Cs were enriched in southern slope sediments (SS). After excluding elements derived from biogenic, authigenic and diagenetic origins, the lithogenic elements (K, Ti, Cs, Zr, Nb, Hf and Ta) could be classified into three groups from the comparison of element/Al ratios among cores. The first group consisted of elements (K and Ti) that showed the nearly similar element/Al ratios among three cores. The second group contained Cs which showed significant difference between two slope sediments. The third group elements (Zr, Nb, Hf and Ta) showed highly enriched in basin relative to both slope areas. The depth profiles of metal/Al ratios in basin sediments provided the following interpretation for the compositions of sediment and their variation. From 10,000 yr B.P. to 7,000 yr B.P. two lithogenic components (volcanic ashes and western slope sediments) were mixed and deposited in the basin. After 7,000 yr B.P., however, southern slope sediments were mixed with volcanic ashes and deposited in basin area. This event of source change is nearly close to inflow period of the Tsushima Warm Current to Ulleung Basin. Thus, it might be suggested that element geochemistry in Ulleung basin sediment indicate the change of current system in the study area.