• Korean Security Journal
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• no.26
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• pp.59-87
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• 2011

Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.

• Journal of Soil and Groundwater Environment
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• v.10 no.6
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• pp.1-9
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• 2005

Soil is polluted by an agricultural chemicals, the effluence of a crystal and sewage sludge, illegal discharging of waste water or waste matter and so on. Soil pollution that accompanies a groundwater and the crops contamination has a large effect on people's living. By polluters pay principle, when a soil was polluted, polluters take the responsibility of clean-up and compensation for damages. The character of the responsibility is a strict liability. When joint polluters exist in a soil pollution, they bear collective responsibility. But they are exempted from obligation in case of a natural calamity and war. The polluters who are poor contribution of pollution take a partition responsibility but it is not easy to prove that. The concerned parties of purification liability in a soil pollution are polluter, an owner or occupant of a contaminated site, and a grantee. But when we do not appoint the polluter or he cannot do a cleanup, municipal must put in effect the purification. In such a case, another parties who are related to the contamination should take upon themselves a liability. The province of responsible parties, therefore, is required to extend to an owner or operator of a facility, a carrier and lender.

• Korean Security Journal
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• no.13
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• pp.327-350
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• 2007

Art. 2 Abs. 1 GG sch${\ddot{u}}$tzt umfassend die allgemeine Handlungsfreiheit. Daher bed${\ddot{u}}$rfen private Handlungen grunds${\ddot{a}}$tzlich keiner gesetzlichen Erm${\ddot{a}}$chtigungsgrundlage. Dies gilt selbstverst${\ddot{a}}$ndlich auch fur die Unternehmen der Bewachungsbranche. Allerdings ist es bei der Aus${\ddot{u}}$bung der Bewachungsaufgabe typisch, mit Strafe oder zumindest Schadensersatzpflicht sanktionierte Tatbest${\ddot{a}}$nde zum Nachteil Dritter zu verwirklichen. F${\ddot{u}}$r solche F${\ddot{a}}$lle stehen den Bewachungspersonen m${\ddot{o}}$glicherweise Rechtfertigungsgr${\ddot{u}}$nde zur Seite. Dadurch wird ein ansonsten rechtswidriges Handeln rechtm${\ddot{a}}$${\ss}$ig und so wird im Ergebnis eine Strafbarkeit (wie auch eine Schadensersatzpflicht) ausgeschlossen. Dabei wird klargestellt, dass dem Sicherheitsgewerbe au${\ss}$er in den F${\ddot{a}}$llen der gesetzlichen ${\ddot{U}}$bertragung der hoheitlichen Befugnisse nur die vom Auftraggeber vertraglich ${\ddot{u}}$bertragenen privatrechtlichen Befugnisse sowie die Jedermannsrechte zustehen Au${\ss}$erdem soll im Rahmen der Privatisierung der Gefahrenabwehraufgaben auf solche spezialgesetzlichen Regelungen hingewiesen werden, bei denen Bewachungspersonen mit der hoheitlichen Wahrnehmung bestimmter Sicherheitsaufgaben betraut, d.h. dazu befugt sind, Sicherheitsaufgaben in den Handlungsformen des ${\ddot{O}}$ffentlichen Rechts 면켜${\ddot{u}}$ben. In der koeranischen Literatur ist die Handlungsgrundlage des Bewachungspersonals bis jetzt kaum n${\ddot{a}}$her untersucht. Im allgemeinen werden strafrechtliche Rechtferigungsgr${\ddot{u}}$nde, z.B. Notwehr, Notstand und Selbsthilfe, als dabei anwendbare Normen anerkannt. In dieser Arbeit wird festgestellt, dass die privaten Sicherheitsdienstleister in beiden L${\ddot{a}}$ndern durch die Gewerbegenehmigung au${\ss}$er in den F${\ddot{a}}$llen der Beleihung keine hoheitlichen Befugnisse erhalten. Als Handlungsgrundlage kommen nur die allgemeinen Not- und Jedermannsrechte im Rahmen von Straf-Strafprozess- bzw. Zivilrecht in Betracht.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.177-199
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• 2015

Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

• Journal of Agricultural Extension & Community Development
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• v.7 no.1
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• pp.155-166
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• 2000

When the marcher visited Korea in fall 1994, he was shocked to see high rise apartment buildings around the capitol region including Seoul and Suwon, resulting from rising demand of housing because of urban migration followed by second and third industrial development. After 6 years in March 2000, the researcher witnessed more apartment buildings and vinyl house complexes, one of the evidences of continued economic progress in Korea. Korea had to receive the rescue finance from International Monetary Fund (IMF) because of financial crisis in 1997. However, the sign of recovery was seen in a year, and the growth rate of Gross Domestic Products (GDP) in 1999 recorded as high as 10.7 percent. During this period, the Korean government has been working on restructuring of banks, enterprises, labour and public sectors. The major directions of government were; localization, reducing administrative manpower, limiting agricultural budgets, privatization of public enterprises, integration of agricultural organization, and easing of various regulations. Thus, the power of central government shifted to local government resulting in a power increase for city mayors and county chiefs. Agricultural extension services was one of targets of government restructuring, transferred to local governments from central government. At the same time, the number of extension offices was reduced by 64 percent, extension personnel reduced by 24 percent, and extension budgets reduced. During the process of restructuring, the basic direction of extension services was set by central Rural Development Administration Personnel management, technology development and supports were transferred to provincial Rural Development Administrations, and operational responsibilities transferred to city/county governments. Agricultural extension services at the local levels changed the name to Agricultural Technology Extension Center, established under jurisdiction of city mayor or county chief. The function of technology development works were added, at the same time reducing the number of educators for agriculture and rural life. As a result of observations of rural areas and agricultural extension services at various levels, functional responsibilities of extension were not well recognized throughout the central, provincial, and local levels. Central agricultural extension services should be more concerned about effective rural development by monitoring provincial and local level extension activities more throughly. At county level extension services, it may be desirable to add a research function to reflect local agricultural technological needs. Sometimes, adding administrative tasks for extension educators may be helpful far farmers. However, tasks such as inspection and investigation should be avoided, since it may hinder the effectiveness of extension educational activities. It appeared that major contents of the agricultural extension service in Korea were focused on saving agricultural materials, developing new agricultural technology, enhancing agricultural export, increasing production and establishing market oriented farming. However these kinds of efforts may lead to non-sustainable agriculture. It would be better to put more emphasis on sustainable agriculture in the future. Agricultural extension methods in Korea may be better classified into two approaches or functions; consultation function for advanced farmers and technology transfer or educational function for small farmers. Advanced farmers were more interested in technology and management information, while small farmers were more concerned about information for farm management directions and timely diffusion of agricultural technology information. Agricultural extension service should put more emphasis on small farmer groups and active participation of farmers in these groups. Providing information and moderate advice in selecting alternatives should be the major activities for consultation for advanced farmers, while problem solving processes may be the major educational function for small farmers. Systems such as internet and e-mail should be utilized for functions of information exchange. These activities may not be an easy task for decreased numbers of extension educators along with increased administrative tasks. It may be difficult to practice a one-to-one approach However group guidance may improve the task to a certain degree.