• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.419-477
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• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty 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." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• Korean Journal of Heritage: History & Science
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• v.54 no.2
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• pp.56-77
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• 2021

Toponyms are located not only in the site between human cognition and the physical environment but also in the name of cultural heritage. Accordingly, certain identities and ideologies for which human groups and community have sought, their holistic way of life, and all cultural symbols and cosmos, such as sense of place and genius loci, are included in their toponymic heritage. Denoting, symbolizing, integrating and representing the culture and nature belong to the human community. Based on these perceptions of the toponymic heritage, the aims of this article are to examine the values of a toponym as an Intangible Cultural Heritage (ICH) and to suggest the application methods using the toponymic functions for governing of tangible cultural heritage. This article discusses the multivocality, diversity, and non-representational theory of landscape phenomenology intrinsic to the terms of culture and cultural landscape and then the domestic and international issues on the toponymic heritage in the first chapter on the values of toponym as a part of the ICH. In particular, it analyzes the preceding research in the field of toponymy, as well as the Resolutions of UNCSGN and UNGEGN on "Geographical names as culture, heritage and identity" including indigenous, minority and regional language names since 1992, which is related to the UNESCO's Convention for the Safeguarding of the Intangible Cultural Heritage in 2003. Based on this, I suggest that the traits of toponymic cultural heritage and its five standards of selection, i.e., cultural traits of toponyms, historical traits, spatial traits, socio-economic traits and linguistic traits with some examples. In the second chapter discussing on the methods using the toponymic denoting functions for creating and governing of the tangible cultural heritage, it is underlined to maintain the systematic and unified principle regarding the ways of naming in the official cultural heritage and its governing. Lastly, I introduce the possible ways of establishing a conservative area of the historical and cultural environment while using the toponymic scale and multi-toponymic territory. Considering both the spatial and participatory turns in the field of heritage studies in addition to the multiple viewpoints and sense of cultural heritage, I suggest that the conservative area for the cultural heritage and the historical and cultural environment should be set up through choosing the certain toponymic scale and multi-toponymic territory.

• Korean Journal of Heritage: History & Science
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• v.43 no.1
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• pp.56-85
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• 2010

UNESCO World Heritage Programme was introduced following the adoption of Convention Concerning the Protection of the World Cultural and Natural Heritage by the General Conference of UNESCO in 1972 in order to protect cultural and natural heritage with superb value for all mankind. Despite its short history of less than 40 years, it has been evaluated as one of the most successful of the cultural area projects of UNESCO with 890 world heritage registered worldwide. For systematic protection management of World Heritage, UNESCO, through systemization of registration, emphasis on the importance of preservation management plan, institutionalization of monitoring, and operation of World Heritage Fund, has utilized World Heritage Programme not just as a means of listing excellent cultural properties, but as a preservation planning tool, and accordingly, such policies have had a significant influence on the cultural heritage protection legislations of numerous nations. Korea has ratified World Heritage Convention in 1988, and with the registration of the Royal Tombs of the Joseon Dynasty in 2009, it has 9 World Heritage Sites. Twenty years have passed since Korea joined the World Heritage Programme. While World Heritage registration contributed to publicity of the uniqueness and excellence of Korean cultural properties and improvement of Korea's national culture status, it is now time to devise various legislative/systematic improvement means to reconsider the World Heritage registration strategy and establish a systematic preservation management system. While up until now, the Cultural Properties Protection Law has been amended to arrange for basic rules regarding registration and protection of World Heritage Sites, and some local governments have founded bodies exclusive for World Heritage Site management, a more fundamental and macroscopic plan for World Heritage policy improvement must be sought. Projects and programs in each area for reinforcement of World Heritage policy capacity such as: 1) Enactment of a special law for World Heritage Site preservation management; 2) enactment of ordinances for protection of World Heritage Sites per each local government; 3) reinforcement of policies and management functionality of Cultural Heritage Administration and local governments; 4) dramatic increase in the finances of World Heritage Site protection; 5) requirement to establish plan for World Heritage Site preservation protection; 6) increased support for utilization of World Heritage Sites; 7) substantiation and diversification of World Heritage registration; 8) sharing of information and experiences of World Heritage Sites management among local governments; 9) installation of World Heritage Sites integral archive; 10) revitalization of citizen cooperation and resident participation; 11) training specialized resources for World Heritage Sites protection; 12) revitalization of sustainable World Heritage Sites tourism, must be selected and promoted systematically. Regarding how World Heritage Programme should be domestically accepted and developed, the methods for systemization, scientific approach, and specialization of World Heritage policies were suggested per type. In the future, in-depth and specialized researches and studies should follow.

• Journal of Service Research and Studies
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• v.12 no.4
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• pp.1-18
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• 2022

This study was conducted to prove that the service philosophy is the development principle of human society in the service age. From ancient times to the present, the service philosophy was tried to show the wisdom of the development of human society in all earth spaces including the East and the West. In addition, it tried to prove that the service philosophy was at the center of the development wisdom of many countries and individuals who flickered on all space on earth and all human time. The study showed that the differences between countries were in software rather than hardware. Furthermore, it was analyzed that countries with a service philosophy embedded in the center of software such as spirit and culture made a great contribution to human society. The cases of Greece and Rome, the Republic of Venice, the Republic of the Netherlands, followed by the United States and modern Korea prove this, and the Soviet Union can be seen to disprove it. The former was a society in which state-run software was strong, and the latter was a society in which hardware was strong. There is a big difference between the case of the state, which citizens have autonomously organized and operated, and the case of the upper-level state-led operation. Since the leadership of the upper classes is not based on the service philosophy, the accumulated software power is weak, so it can be said that the accumulation of wisdom in human society is weak. Therefore, while the essence of human society so far has been a society of self-centered animal ecosystems led by selfishness, the human society in the service age from now on can be said to be a society of plant ecosystems where mutual respect and self-centeredness coexist. Just as the society centered on the service philosophy in the past human society prospered and left a greater legacy to mankind, it is suggested that the human society in the future service era should be a human society of a plant ecosystem centered on the service philosophy. Further in-depth studies related to this are needed in the future.

• Strategy21
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• s.45
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• pp.60-90
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• 2019

The use of the high seas are supported by the two pillars of customary principles --the freedom of navigation and the flag state control on its vessels, which are codified in the UN Convention on the Law of the Sea. There have been attempts to limit and retrain the two pillars as maritime regimes are newly created to address new maritime threats, while coastal stares' control over the seas expand. The pillars have been created over thousands years since human beings took to the sea and have served as a foundation to use the oceans peacefully and orderly. Therefore, any retreat or exception from these principles would undermine the fundamental framework for the use of the oceans and eventually these regimes would be subject to control of maritime powers. In conclusion, new maritime regimes such as the sanction measures on North Korea should be enforced within the framework of international law and comply with the fundamental principles such as innocent passage and the freedom of navigation at the high seas.

• Korean Journal of Heritage: History & Science
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• v.44 no.1
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• pp.30-51
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• 2011

During the process of modernization, many rural villages in Korea have experienced degeneration and breakdown, losing sustainability. However, Oeam village in Asan City, South Chungcheong Province (State-designated cultural heritage, Important Folk Material No. 236) has established itself as a unique folk village, which evolves with sustainability, pursuing the revival of Neo-traditionalism. Oeam village is a tribal village of the Yis from the Yean region and has maintained environmental, economic, and social sustainability and soundness for over five centuries. Thus, the village has sustained itself well enough to be a cultural asset with 'Outstanding Universal Value', in terms of its value as world cultural heritage. The village maintains its own identity, filled with a variety of traditional and scenic cultural assets that symbolize a gentry village. Those assets include Confucian sceneries (head family houses, ancestral shrines, tombs, gravestones, commemorative monuments, and pavilions), various assets of folk religion (totem poles, protective trees at the entrance of a village, shrines for mountain spirits, village forests), tangible and intangible cultural assets related to daily lives (vigorous family activities, rigorous ancestral rituals, family rituals, collective agriculture and protection of ecosystem), which have all been well preserved and inherited. In particular, this village is an example of a well-being community with a well-preserved folksy atmosphere, which is based on environmentally sound settlements (nature + economy + environment + community) in a village established according to geomancy, East Asia's unique principle of environmental design. In addition, the village has kept the sustainability and authenticity for more than 500 years, combining restraint towards the environment and the view of the environment which respects the natural order and cultural values (capacity + healthy + sustainability). Therefore, the Oeam folk village can be a representative example of a folksy and scenic Korean community which falls into the category of IV (to exemplify an outstanding type of building, architectural or technological ensemble, or landscape which illustrates significant stages in human history) and V (to exemplify an outstanding traditional human settlement, land-use, or sea-use which is representative of cultures, or human interaction with the environment especially when it has become vulnerable under the impact of irreversible change) of Unesco's World Cultural Heritage.

• Korean Journal of Heritage: History & Science
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• v.53 no.2
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• pp.110-139
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• 2020

Reclamation is the act of creating new lands by constructing dikes in offshore tidal flats to utilize them for various purposes, including the establishment of farmland to secure food for an increasing population. Based on the fact that reclamation has resulted in drastic changes in the environmental, economic, social, and cultural aspects of land expansion and development, population movement, and the formation of cities since ancient times, I reviewed the value of reclamation sites and addressed the issue of how to preserve and utilize them. "Reclamation culture" refers collectively to the recognition and concept system, behavior styles, and cultural products created by changes in the environment, and the tangible, intangible, and natural heritage generated directly and indirectly by reclamation is defined as "reclamation cultural heritage". It shows that the historical background of reclamation accords with prevailing trends, and that the reclamation sites possess cultural heritage value due to their historical, academic, and scarce characteristics. Numerous reclamation cultural heritage sites at the Gwangwhal and Gyehwa dikes are on the verge of being destroyed, with their original function having ended after the construction of Saemangeum Sea Wall. I propose measures to preserve these under the principle that utilization is based on the basic premise of conservation. First of all, modern and contemporary reclamation sites must necessarily be designated and managed as registered cultural properties, local cultural heritage, future heritage, and agricultural heritage. In particular, as it has been confirmed that reclamation sites created after the Goryeo and Joseon dynasties and the 1950s have not been designated as cultural heritage sites. It is necessary to review the characteristics and values of such reclamation sites through a full survey of national reclamation data. Effective and sustainable utilization of reclamation cultural heritage, which has not been acknowledged in the past due to its close relationship with our lives, is necessary to search for hidden stories found within that heritage, to organize governance for the efficient use of reclamation resources, and to build a museum to collect and display the history and culture of the reclaimed areas. Finally, through links with countries with experience in reclamation, we will be able to cope jointly with international issues such as those pertaining to society, culture, and environment, and would be able to implement various projects to further the advancement of human beings.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.215-236
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• 2006

This article focused on the meaning of the 1979 Moon Treaty and its future. Although the Moon Treaty is one of the major 5 space related treaties, it was accepted by only 11 member states which are non-space powers, thus having the least enfluences on the field of space law. And this article analysed the relationship between the 1979 Moon Treay and 1967 Space Treaty which was the first principle treaty, and searched the meaning of the "Common Heritage of Mankind(hereinafter CHM)" stipulated in the Moon treaty in terms of international law. This article also dealt with the present and future problems arising from the Moon Treaty. As far as the 1967 Space Treaty is concerned the main standpoint is that outer space including the moon and the other celestial bodies is res extra commercium, areas not subject to national appropriation like high seas. It proclaims the principle non-appropriation concerning the celestial bodies in outer space. But the concept of CHM stipulated in the Moon Treaty created an entirely new category of territory in international law. This concept basically conveys the idea that the management, exploitation and distribution of natural resources of the area in question are matters to be decided by the international community and are not to be left to the initiative and discretion of individual states or their nationals. Similar provision is found in the 1982 Law of the Sea Convention that operates the International Sea-bed Authority created by the concept of CHM. According to the Moon Treaty international regime will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Before the establishment of an international regime we could imagine moratorium upon the expoitation of the natural resources on the celestial bodies. But the drafting history of the Moon Treaty indicates that no moratorium on the exploitation of natural resources was intended prior to the setting up of the international regime. So each State Party could exploit the natural resources bearing in mind that those resouces are CHM. In this respect it would be better for Korea, now not a party to the Moon Treaty, to be a member state in the near future. According to the Moon Treaty the efforts of those countries which have contributed either directly or indirectly the exploitation of the moon shall be given special consideration. The Moon Treaty, which although is criticised by some space law experts represents a solid basis upon which further space exploration can continue, shows the expression of the common collective wisdom of all member States of the United Nations and responds the needs and possibilities of those that have already their technologies into outer space.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.83-109
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• 2008

According to 1944 Chicago Convention aircraft are classified into public aircraft(or state aircraft) and private aircraft(or civil aircraft). However even if public aircraft owned by government are used as commercial flights, those are classified into private aircraft. But as far as space activities are concerned in the 1967 Outer Space Treaty, those are related to all activities and all space objects, thus there being no differentiation between the public spacecraft and private spacecraft. As for the institutions of air law there are ICAO, IATA, ECAC, AFCAC, ACAC, LACAC in the world. However in the field of space law there is no International Civil Space Organization like ICAO. There is only COPUOS in the United Nations. The particular institutions such as INTELSAT, INMARSAT, ITU, WIPO, ESA, ARABSAT would be helpful to space law field. In the near future there is a need to establish International Civil Space Organization to cover problems rising from all space activities. According to article 1 of the 1944 Chicago Convention the contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. It means that absolute airspace sovereignty is recognized by not only the treaty law and but also customary law which regulates non-contracting States to the treaty. However as for the space law in the article n of the 1967 Space Treaty 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. It creates res extra commercium like the legal status of high seas in the law of the sea. However the 1979 Moon Agreement proclaimed Common Heritage of Mankind as far as the legal status of the outer space is concerned which is like the legal status of deep sea-bed in the 1982 United Nations Law of the Sea. As far as the liabilities of air transport system are concerned there are two kinds. One is the liabilities to passenger on board aircraft and the other is the liabilities to the third person or thing on the ground by the aircraft. The former is regulated by the Warsaw System, the latter by the Rome Convention. As for the liabilities of space law the 1972 Liability Convention applies. The Rome Convention and 1972 Liability Convention stipulate absolute liability. In the field of space transportation there would be new liability system to regulate the space passengers on board spacecraft like Warsaw System in the air transportation.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.35-59
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• 2018

Professor Bin Cheng said that outer space was res extra commercium, while the moon and the other celestial bodies were res nullius before the 1967 Outer Space Treaty(OST). However, Article 2 of the OST made the moon and other celestial bodies have the legal status as res extra commmercium, not appropriated by any country or private enterprises or individual person, but the resources there can be freely available, as those on the high seas. The non-appropriation principle was introduced to corpus juris spatialis internationalis. Whether or not the non-appropriation principle is binding for the non-parties of the OST, many scholars see this principle as an international customary law, even developing into jus cogens. Article 11(2) of the Moon Agreement(MA) reconfirms the nonappropriation principle of Article 2 of the OST, but it has much less effect than the OST because the MA binds only the 18 parties involved. The MA applies only to the moon and celestial bodies other than the Earth in the Solar System, the OST's application scope extends to the Galaxy because the OST has no such substantive enactment. As referred to in the 2015 CSLCA of USA or Luxembourg's Law of Space Resources, allowing individuals and enterprises run by other countries to commercially explore and utilize the space resources, the question may arise whether this violates the non-appropriation principle under Article 2 of the OST and Article 11 of the MA. In the case of the CSLCA, the law explicitly specifies that sovereignty, possessory rights, and judiciary rights to a specific celestial body cannot be claimed, let alone ownership. This author believes that this law respects the legal status of outer space and the celestial bodies as res extra commmercium. As long as any countries or private enterprises or individuals respect the non-appropriation principle of outer space and the celestial bodies, they could use, exploit it. Another question might be raised in the difference between res extra commercium on the high seas and res extra commercium in outer space and the celestial bodies. Collecting resources on the high seas and exploiting space resources should be interpreted differently. On the high seas, resources can be collected without any obstacles like fishing, whereas, in the case of the deep sea-bed area, the Common Heritage of Mankind principles under the UNCLOS should be operated by the International Seabed Authority as an international regime. The nature or form of the sea resources found on the high seas are thus different from that of space resources, which are fixed on the moon and the celestial bodies without water. Thus, if individuals or private enterprises collect these resources from outer space and the celestial bodies, they might secure a certain section and continue collecting or mining works without any limitation. If an American enterprise receives an approval from the U.S. government, secures the best location and collects resources on the moon, can other countries' enterprises access to this area? How large the exploiting place can be allotted on the moon? How long should such a exploiting activity be lasted? Under the current international space law, these matters might be handled according to the principle of "first come, first served." As a consequence, the international community should provide a guideline or a proposal for the settlement of any foreseeable disputes during the space activity to solve plausible space legal questions in the near future.