• Title/Summary/Keyword: 정책과제

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The Legal Response and Future Tasks regarding Oil-Spill Damage to Korea - Focusing on the Hebei Spirit oil-spill (한국의 해양유류오염피해에 대한 법적 대응과 과제 - HEBEI SPIRIT호 유류유출사고를 중심으로 -)

  • Han, Sang-Woon
    • Journal of Environmental Policy
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    • v.7 no.3
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    • pp.89-120
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    • 2008
  • With petroleum being a major source of energy in Korea, the quantity of petroleum transported via ocean routes is on its way up due to increased consumption. Due to the increase, more than 300 cases of pollution caused by petroleum occur annually. Moreover, the number of oil-spill accidents is also on the rise. Causes of such accidents, not including the disposal of waste oil on purpose, turn out to be human error during navigation or defects in the vessels, showing that most accidents are caused by humans. Therefore, to prevent future oil spills, it is imperative that navigation efficiency be enhanced by improving the quality of navigators and replacing old vessels with newer ones. Nevertheless, such improvements cannot occur overnight, so long- and mid-term efforts should be made to achieve it institutionally. As large-scale oil-spill accidents can happen at anytime along the coastal waters of Korea, it is necessary to set-up institutional devices which go beyond the compensation limit of 92FC. The current special law regarding this issue has its limits in that it prescribes compensation be supplemented solely by national taxes. Therefore, the setting-up of a new 'national fund' is recommended for consideration rather than to subscribe to the '2003 Convention for the Supplementary Fund'. It is strongly suggested that a National fund be created from fees collected from oil companies based on the risks involved in oil transportation and according to the profiteers pay principle. In addition, a public fund should be created to handle general environmental damage, such as the large-scale destruction of the ecosystem, which is distinct from the economic damage that harms the local people. The posterior responses to the large-scale oil spill have always been unsatisfactory because of the symbolic nature of the disasters included in such accidents. Oil-spills can be prevented in advance, because they are caused by human beings. But once they occur, they inflict long-term damage to both human life and the natural ecosystem. Therefore, the best response to future oil-spills is to work to prevent them.

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The Problem of Space Debris and the Environmental Protection in Outer Space Law (우주폐기물과 지구 및 우주환경의 보호)

  • Lee, Young Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.205-237
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    • 2014
  • Last 50 years there were a lot of space subjects launched by space activities of many states and these activities also had created tremendous, significant space debris contaminating the environment of outer space. The large number of space debris which are surrounding the earth have the serious possibilities of destroying a satellite or causing huge threat to the space vehicles. For example, Chinese anti-satellite missile test was conducted by China on January 11, 2007. As a consequence a Chinese weather satellite was destroyed by a kinetic kill vehicle traveling with a speed of 8 km/s in the opposite direction. Anti-satellite missile tests like this,contribute to the formation of enormous orbital space debris which can remain in orbit for many years and could interfere with future space activity (Kessler Syndrome). The test is the largest recorded creation of space debris in history with at least 2,317 pieces of trackable size (golf ball size and larger) and an estimated 150,000 debris particles and more. Several nations responded negatively to the test and highlighted the serious consequences of engaging in the militarization of space. The timing and occasion aroused the suspicion of its demonstration of anti-satellite (ASAT) capabilities following the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris. Therefore this breakup seemed to serve as a momentum of the UN Space Debris Mitigation Guidelines and the background of the EU initiatives for the International Code of Conduct for Outer Space Activities. The UN Space Debris Mitigation Guidelines thus adopted contain many technical elements that all the States involved in the outer space activities are expected to observe to produce least space debris from the moment of design of their launchers and satellites until the end of satellite life. Although the norms are on the voluntary basis which is normal in the current international space law environment where any attempt to formulate binding international rules has to face opposition and sometimes unnecessary screening from many corners of numerous countries. Nevertheless, because of common concerns of space-faring countries, the Guidelines could be adopted smoothly and are believed faithfully followed by most countries. It is a rare success story of international cooperation in the area of outer space. The EU has proposed an International Code of Conduct for Outer Space Activities as a transparency and confidence-building measure. It is designed to enhance the safety, security and sustainability of activities in outer space. The purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security. Of the space issues, the space debris reduction and the space traffic management require some urgent attention. But the current legal instruments of the outer space do not have any binding rules to be applied thereto despite the incresing activities on the outer space. We need to start somewhere sometime soon before it's too late with the chaotic situation. In this article, with a view point of this problem, focused on the the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris and tried to analyse the issues of space debris reduction.

A Study on the Current Status of Health Screening and the Health Type(Physical Activity, and etc) of the Disabled by Using the Statistics of Health Insurance Corporation (건강보험공단 통계를 이용한 장애인의 건강검진 현황 및 건강형태(신체활동 등)에 대한 소고)

  • Kim, Seck-Jin;Jung, Jin-Sung
    • Journal of the Korean Applied Science and Technology
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    • v.35 no.2
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    • pp.433-444
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    • 2018
  • This study aims to examine the screening rate of health screening of the disabled by screening the data of disability and health statistics of the National Health Insurance Corporation, to suggest the problems of health examination and the future improvement measures, and also to review the type of health management of the disabled based on the results of health examination interview. As people with limited daily life or social life for a long time because of their physical/psychological disabilities in accordance with the Article2 of , out of 2,479,080 registered people with disabilities on the basis of December 31st 2015, the research subjects were limited to people with disabilities who participated in the health screening and health type for presenting the opinions about policies. In conclusion, regarding the health screening for the disabled, first, it would be necessary to collect the opinions from people with disabilities in order to prepare the health screening service suitable for them. Second, it would be needed to develop the health screening items for each type of disability and severity. Third, it would be necessary to consider the medical equipments and amenities of health examination for the disabled. Fourth, there should be the securement of manpower and education for service providers. Fifth, the mobility right of the disabled should be secured. Regarding the health type of the disabled, first, the expert consultative group in each area should be composed for the health enhancement of the disabled. Second, it would be necessary to screening the current status of health enhancement programs for the disabled and operating facilities. Third, the Central Health Medical Center for the Disabled, shown in the law on the securement of health rights & medical accessibility of the disabled should develop the standardized health enhancement programs for each disability type and severity. After examining the contents of health examination and health type of the disabled, the opinions about policies were suggested. Thus, in the future, there should be more detailed researches based on the tasks suggested by this study, and also the causal relations between health of the disabled and relevant programs should be continuously revealed.

The Analysis on the Determinants of Shipping Lines's entering the Arctic Sea Route (외항선사의 북극해항로 진출에 관한 결정요인 분석)

  • Son, Kyong-Ryong
    • Journal of Korea Port Economic Association
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    • v.35 no.4
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    • pp.1-16
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    • 2019
  • The purpose of this study is to Analyze the problems that container shipping companies exist through the commercialization of container shipping for Non-Arctic countries and the opportunity factors for the transport of the Arctic shipping to improve cooperation cross-border relation Arctic policy and the use of transport. In order to design a hierarchy analysis method study model, four high and 17 low factors were extracted by designing a hierarchy analysis method study model based on results by prior study and in-depth interview. The first of the higher factors is the internal strength of assessing the value of the Arctic, the will and capabilities of the shipping companies in creating new markets with the vision and goals of the shipping companies. Second, the internal constraints associated with the shipping companies advance to the NSR mean the negative factors for the entry into the NSR and the internal weaknesses that cause the shipping companies capacity limitations. Third, the economic benefits from the use of NSR are external factor for shipping companies in cooperation with the future economic value of the Arctic and with respect to Arctic sea and Arctic advance and development from Arctic coastal countries. Finally, external pre-emptive tasks means to respond to use NSR by external restrictions on transport to prepare the possibility of severe weather conditions, the customs policy change of coastal countries.

The Settlement of Conflict in International Space Activities (우주활동에 있어서 분쟁의 해결과 예방)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.159-203
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    • 2010
  • Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

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A Comparative Study of Air Law and Space Law in International Law (국제법상 항공법과 우주법의 비교연구)

  • Kim, Han-Taek
    • 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.

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A Study on the increase of space debris from Chinese Anti-Satellite and breach of the Outer Space Treaty (자국위성(自國衛星)의 파괴(破壞)에 따른 우주잔해의 증가와 우주조약위반(宇宙條約違反) 여부에 관한 소고(小考) - 중국의 자국위성파괴와 관련하여 -)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.259-294
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    • 2013
  • After its experiment involving the exploding of a satellite in space in 2007, China proudly aired news on TV and ran articles in newspapers. However, the event was internationally criticized and drew widespread attention. Many countries denounced the explosion by pointing out that it could be part of the nation's plan to expand its military power to space or that it could pose a danger to the peaceful use of space. However, there is no talk of whether the experiment that produced a huge amount of space debris could have violated an international law, namely the Outer Space Treaty. Although space garbage has been said to be a serious problem, the amount is still on the increase. If we continue to launch new space launch vehicles into orbit at this rate, we will not be able to use it anytime soon like we do today. As the commercial use of space is likely to increase, the situation will certainly get worse. The international community is fully aware of the seriousness of the problem and working together to reduce the amount of space garbage. However, despite the fact that the United States and Soviet Union's ASAT(Anti-Satellite) programs have been implemented for a long time, there have been no complaints about them in terms of military expansion or breach of the Outer Space Treaty. Also, the recent Chinese test is largely viewed to be in accordance with international law. A lot of research has been undertaken with regard to the problem of space garbage. Now people's awareness of dangers being posed has been fully raised. Under the circumstances, the dismissing of China's satellite smashing, leaving a big mess in its wake, as nothing more than an experiment, is a red flag to, if not many, at least some people. By means of this thesis, I would like to review whether the Chinese test has violated an international space law. This thesis presents an overview of the issues surrounding the event and examines the possibility of violating the Outer Space Treaty, formally the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. After the China test, the UN Scientific and Technical Subcommittee first adopted space debris mitigation guidelines, I'll introduce the content of the guidelines and discuss the characteristics of the guidelines and what can be done to address the issue.

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The Main Contents, Comment and Future Task for the Space Laws in Korea (한국에 있어 우주법의 주요내용, 논평과 장래의 과제)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.119-152
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    • 2009
  • Korea now has a rapidly expanding and developing space programme with exploration aspirations. The government is giving priority to the aerospace industry and, to put it on a better footing, enacted an Aerospace Industry Development Promotion Act in I987, a Space Development Promotion Act in 2005 and a Space Compensation for Damage Act in 2007. I would like to describe briefly the legislative history, main contents and comment for these three space acts including especially launch licensing, registration of space objects, use of satellite information, astronaut rescue, liability for compensation, third party liability insurance and establishment of committee and plans to assist the Korean space effort. Furthermore author proposed to legislate a new draft for the establishment of a Korean Aerospace Development Agency (KADA: tentative title) to create a similar body to Japan Aerospace Exploration Agency (JAXA), British National Space Centre (BNSC) of UK, French Centre National d'Etudes Spatiales (CNES), German Aerospace Center (DLR), Swedish Space Corporation (SSC), China Aerospace Science and Industry Corporation (CASIC), Indian Space Research Organization (ISRO) as well as the Korean Space Agency (KSA: Tentative title) to create a similar body to Canadian Space Agency, European Space Agency, Russian Space Agency, Italian Space Agency, Israel Space Agency, Indian Department of Space, National Aeronautics and Space Administration (NASA) of USA, China National Space Administration in order to develope efficiently space industry. If the Korean government will be establish the Korean Space Agency as an governmental organization in future, it is necessary to revise the contents of the Government Organization Act. It is desirable and necessary for us to establish an Asian Space Agency (ASA), in order to develop our space industry and to promote research cooperation among Asian countries, based on oriental idea and creative powers.

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An Emergence of Tigers and Leopards in the Palace During the Joseon Period from the Environmental Historical Perspective (환경사 관점에서 본 조선시대 궁궐에 범과 표범의 출몰)

  • Hong, Hyoung-Soon
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.3
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    • pp.1-15
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    • 2018
  • This study aims to investigate an aspect of physical palace by reviewing the emergences of tigers and leopards in the palace in Hanyang from the environmental historical perspective. To do so, three topics in environmental history were reviewed including 'environment,' 'impact of human-beings on the environment,' and 'sense and attitude of human-beings on the environment' based on the historical records such as "'Wangjoshilok(王朝實錄)". The results of this study are as follows. First, It was confirmed that leopards and tigers were emerged not only in the palace but also near the City Wall of Hanyang from time to time in Joseon Dynasty. Moreover, tigers lived and propagated in the backyard. Second, This situation may be caused by the natural factors of palace in Hanyang including location, philosophy and technique of building, and so on. That means 'good location' placed by palace worked favorably not only for human-beings but also for the activities of tigers and leopards. Third, In addition to the locational environment, forest policies on the palace and capital may facilitate the emergences of leopards and tigers. With the managements of pine trees, prohibition of burials, prohibition of climbing, prohibition of mountain entrance, and so on, forests were developed in the mountainous territories, which might play a role of shelters or passages for the tigers and leopards. Fourth, It was confirmed that countermeasures on the emergences of tigers in the palace as well as the capital city were different by the kings. Out of these, Jeong-jo was highlighted to seek the realistic countermeasures with actual understanding on the emergences of tigers and leopards. Fifth, In summary, frequent emergences of tigers and leopards in the palace and capital city could be a practical evidence to show 'pro-naturalism' or 'eco-friendliness' of the palace in Joseon which was mentioned superficially, paradoxically speaking. Further studies with the related disciplines are required on the cultural or ecological history of the palace. In addition, it is considered to conduct more detailed scientific studies related to the trend of ecological changes in Joseon.

Performance Analysis on Collaborative Activities of Multidisciplinary Research in Government Research Institutes (국가 출연연구소의 협업적 융합연구 성과 분석)

  • Cho, Yong-rae;Woo, Chung-won;Choi, Jong-hwa
    • Journal of Korea Technology Innovation Society
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    • v.20 no.4
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    • pp.1089-1121
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    • 2017
  • 'Technological convergence' is the recent innovation trend which facilitates to solve social crux as well as to generate new industries. Korean government research institutes (GRIs) have taken a pivotal role for economic growth which capitalized on technology-oriented strategies. Recently, the policy interests on the transition of their role and mission towards multidisciplinary research organization is increasingly shed lights. This study regards the collaborative activities as one of the key success factors in the multidisciplinary research. In this sense, this study sets research purposes as follows: First, we intend to define a concept and to confine a scope of multidisciplinary research from the view point of R&D purposes and problem-solving process. Second, we categorize the collaboration and the relevant performances which reflect the characteristics of the multidisciplinary research. Third, we analyze the characteristics of collaborative activities and the effects of strength on the research performances. To this end, this study conducted a survey of 104 research project directors, which have experienced at least one of two types of multidisciplinary research projects through National R&D project or NST (National Research Council of Science & Technology) convergence research project. Then, we conducted regression analysis by utilizing the survey results in order to verify the relation between the collaborative activities and the performances. As results of analyses, first, the diversification of collaboration partners was a salient factor in the process of knowledge creation. Second, collective works among the researchers in similar area and domain enhanced mission-oriented technology development projects such as patent creation or technology transfer. Third, we verified that the diversity of created knowledge and the degree of relation continuity between researchers increased in the condition of guaranteeing individual researcher's independence and autonomy as well as sharing various technological capabilities. These results provide the future policy directions related to the methods to measure the collaboration and performance analysis for multidisciplinary research.