• Korean Journal of Heritage: History & Science
• /
• v.44 no.4
• /
• pp.18-41
• /
• 2011

The Safeguarding of Intangible Cultural Heritage in Korea has begun since1962 when the Cultural Properties Protection Act was established. Korean ICH Safeguarding system is initially derived from Cultural Properties Protection Act in Japan. Japan has started Important ICH Designation System in 1954 to concede the skills and artistic talents holders, thus it could implement the multilateral system management for adopting different ICH protection systems such as Important Intangible Folklore Properties, Selection and Preservation Techniques, and Documenting Records. However, Korea has solely adopted Important ICH Designation System since Cultural Properties Protection Act was introduced. Korean ICH Safeguarding System represented by the Certification System of ICH Skill Holders is to ensure skills and artistic holders who perform the elements of Intangible Cultural Heritage, and manage the safeguarding of intangible cultural heritage in order to let the skills and artistic holders instruct inheritors. As a result, it could build up the internal foundation for the diffusion of inheritors and established the related organizations. However, the inheritor-centered protection system has caused many problems as it is being lasted for more than fifty years. Fragmented designation measures, the cultural power of skill holders, and the research and evaluation methods have pointed out the difficulties of safeguarding and preservation measures of ICH. Moreover,the legitimacy of safeguarding system related in the authenticity of transmission in ICH has emerged to review the safeguarding system of ICH with diverse viewpoints. Therefore, this paper will review the implementation process and achievement of ICH safeguarding system to examine the problem and causes of the safeguarding system. The conference records of Cultural Property Association and articles of cultural properties policies directors, Cultural Property Association members, and professional experts are being used for the initial materials of this paper, and it is examined for the contents of designation system of Important Cultural Heritage, rather than overall cases. Thus such problems the limitation of expansion in ICH lists as inheritor-centered designation system, hierarchical and exclusive transmission system, inappropriate concept of archetype as the principle of ICH transmission are derived from the root of Important ICH designation system. Thus this paper demonstrates that this system must be revised for the expansion of ICH safeguarding system in Korea and points out multilateral protection system should be established as well as Certification System of Important ICH skill holders.

• The Korean Society of Law and Medicine
• /
• v.21 no.2
• /
• pp.209-244
• /
• 2020

TMS and tDCS are non-invasive devices that treat the diseases of patients or individual users, and manage or improve their health by applying stimulation to a brain through magnetism and electricity. The effect and safety of these devices have proved to be valid in several diseases, but research in this area is still much going on. Despite increasing cases of their application, legislations directly regulating TMS and tDCS are hard to find. Legal regulation regarding TMS and tDCS in the United States, Germany and Japan reveals that while TMS has been approved as a medical device with a moderate risk, tDCS has not yet earned approval as a medical device. However, the recent FDA guidance, European MDR changes, recalls in the US, and relevant legal provisions of Germany and Japan, as well as recommendations from expert groups all show signs of tDCS growing closer to getting approved as a medical device. Of course, safety and efficacy of tDCS can still be regulated as a general product instead of as a medical device. Considering multiple potential impacts on a human brain, however, the need for independent regulation is urgent. South Korea also lacks legal provisions explicitly regulating TMS and tDCS, but they fall into the category of the grade 3 medical devices according to the notifications of the Korean Ministry of Food and Drug Safety. And safety and efficacy of TMS are to be evaluated in compliance with the US FDA guidance. But no specific guidelines exist for tDCS yet. Given that tDCS devices are used in some hospitals in reality, and also at home by individual buyers, such a regulatory gap must quickly be addressed. In a longer term, legal system needs to be in place capable of independently regulating non-invasive brain stimulating devices.

• Journal of the Korean Society for Marine Environment & Energy
• /
• v.15 no.4
• /
• pp.337-348
• /
• 2012

The Yellow Sea Ecoregion Conservation Project is a joint international project which is carried out under the purposes of conserving the habitats in the Yellow Sea Ecoregion and biodiversity from various threats that damage ecosystems, informing the importance and value of the Yellow Sea Ecoregion, and promoting the understanding and interests of Korea, China and Japan. Subsequent to the Yellow Sea Ecoregion Planning Programme which had been performed during the period from 2002 to 2006, the Yellow Sea Ecoregion Support Project has been performed over 7 years in total from 2007 to 2014. Panasonic is sponsoring the financing of the project, and the organizations in charge of the project by country are Korea Institute of Ocean Science & Technology for Korea and World Wide Fund for Nature branches for China and Japan. While the Yellow Sea Ecoregion Planning Programme was focused on the biological assessment and the selection of potential priority area by scientific review, the Yellow Sea Ecoregion Support Project is oriented toward practical activities targeting more diversified stakeholder. Especially, this project plans to support direct conservation activities in the region and participation and cooperation from local residents. The project plan is comprised of 3 phases. During the first period from 2008 to 2009, small grant projects were operated targeting 16 institutions of Korea and China, and for the second period from 2010 to 2012, one place each was selected as demonstration site for habitat conservation in Korea and China respectively and supported for three years to introduce the conservation method based on international standards such as the management of marine protected areas, ecosystem-based management and community-based management and simultaneously to develop habitat conservation activities suitable for national and regional characteristics. During the period from 2013 to 2014 which is the last phase, the project plans to distribute the performance of small grant projects and demonstration site activities through a series of forums among stakeholder. Through the activities described above, the recognition of general public on the conservation of the Yellow Sea Ecoregion was changed positively, and community-based management began to be reflected in the policies for the marine protected areas of central and local government.

• The Korean Society of Law and Medicine
• /
• v.17 no.2
• /
• pp.85-124
• /
• 2016

The Human gene testing act (GenDG) in Germany starts from the characteristic features of gene testing, i.e. dualisting structure consisted of anlaysis on the one side and the interpretation on the other side. The linguistic distincion of 'testing', 'anlaysis' and 'judgment' in the act is a fine example. Another important basis of the regulation is the ideological purpose of the law, that is information autonomy. The normative texts as such and the founding principle are the basis of the classification of testing types. Especially in the case of gene testing for medical purpose is classified into testing for diagnostic purpose and predictive purpose. However, those two types are not always clearly differentiated because the predictive value of testing is common in both types. In the legal regulation of gene testing it is therefore important to manage the uncertainty and subjectivity which are inherent in the gene-analysis and the judgment. In GenDG the system ensuring the quality of analysis is set up and GEKO(Commity for gene tisting) based on the section 23 of GenDG concretes the criterium of validity through guidelines. It is also very important in the case of gene testing for medical purpose to set up the system for ensurement of procedural rationality of the interpretation. The interpretation of the results of analysis has a wide spectrum because of the consistent development of technology on the one side and different understandings of different subjects who performs gene testings. Therefore the process should include the communication process for patients in oder that he or she could understand the meaning of gene testing and make plans of life. In GenDG the process of genetic counselling and GEKO concretes the regulation very precisely. The regulation as such in GenDG seems to be very suggestive to Korean legal polic concerning the gene testing.

• Journal of Legislation Research
• /
• no.53
• /
• pp.9-59
• /
• 2017

Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

• Korean Journal of Legislative Studies
• /
• v.22 no.2
• /
• pp.113-156
• /
• 2016

Media scholars take a lion stake in power circle. Not only do they take a part in media policies but seize prestigious positions like board members in Korea Communication Commission(KCC). Unfortunately, though, little has been known about who they are, what qualifications they have, and whether they meet public interests. This paper attempts to unveil the mechanism of those politicized intellectuals who are specialized on the media. Two categories divided into 'representative' and 'expertise' are employed for this purpose. On the one hand, the representative means the degree of committment into such public services as participation in conferences or non-profit organizations. On the other hand, the number of research articles, books and projects belong to the expertise. Evaluation levels consist of 'excellence, good and average' were allocated to those scholars who are(were) in 'Power Hole,' where decision makings come into being. Some interesting observations were made though this study. First of all, such criteria as representative and expertise vaguely suggested by the laws were hardly fit into those intellectuals, Rarely did they commit into public service let alone showing vigilance in academic activities. Secondly, both ideological loyalty and political activities in line with the government had much to do with taking such positions. Thirdly, not surprisingly, it showed that to graduate from Seoul National University and have Ph.D. degree from U.S.A. was one of the most essential factors. In final, most of them were very good at taking advantage of the press in way of boosting their publicity. To attend at policy making processes either in form of board members or advisers is inevitable for media experts. However, as shown in this study, such qualification of public service and academic eagerness shouldn't be underestimated. Academic integrity not selling intelligence solely for private interests needs to be protected as well. The authors hope this study to provide a valuable opportunity to establish a kind of ethical standards in participating into politics.

• The Korean Journal of Archival Studies
• /
• no.33
• /
• pp.85-112
• /
• 2012

Group for the People without History(GPH) was launched at September 2002 and had worked for around five years with the following purposes; Firstly, GPH collects first-hand data on people's everyday lives based on fieldworks. Secondly, GPH constructs digital archives of the collected data. Thirdly, GPH guarantees the accessibility to the archives for people. And lastly, GPH promotes users to utilize the archived data for the various levels. GPH has influenced on the construction of archives on everyday life history as well as the research areas such as anthropology and social history. What is important is that GPH tried to construct digital archives even before the awareness on archives was not widely spreaded in Korea other than formal sectors. Furthermore, the GPH archives proposed a model of open archives which encouraged the people's participation in and utilization of the archives. GPH also showed the ways in which archived data were used. It had published forty seven books of people's life histories and five photographic books, and held six photographic exhibitions on the basis of the archived data. Though GPH archives had contributed to the ignition of the discussions on archives in various areas as leading civilian archives, it has a few limitations. The most important problem is that the data are vanishing too fast for researchers to collect. It is impossible for researchers to collect the whole data. Secondly, the physical space and hardware for the data storage should be ensured. One of the alternatives to solve the problems revealed in the works of GPH is to construct community archives. Community archives are decentralized archives run by people themselves to preserve their own voices and history. It will guarantee the democratization of archives.

• The Southeast Asian review
• /
• v.28 no.1
• /
• pp.21-51
• /
• 2018

This article takes several approaches in explaining recent developments in Vietnam. First, it draws upon an array of sources that idealize Vietnam's embrace of capitalism and integration into the global market in order to sketch out its economy's progress in 2017. Second, it observes, evaluates, and diagnoses recent changes in the Vietnamese economy in the medium to long term by incorporating conflicting perspectives on Vietnam's performance as a capitalist country. Third, this article traces the power shifts that have risen from internal struggles in the Communist Party over political and social issues. Fourth, it elaborates on the aforementioned impact that foreign relations have had on socio-political developments in Vietnam, as well as the government's response. In so doing, it also attempts to evaluate, however briefly, the significance of the 25th anniversary of South Korea-Vietnam relations. Finally, it examines the public's reaction to the post-reform transitions in light of recent sociocultural changes. 2017 was a memorable year for Vietnam: a continuous march toward capitalism; the resulting expansion of the Vietnamese people's demands; political controversies and government control; the looming instability of United States-China relations and various attempts to address the situation. These events will inevitably replicate themselves in the future as the ostensibly socialist Vietnam adopts a capitalist model. The problem is that it is unclear whether these experiences will continue with the consent of the people of socialist Vietnam or engender resistance. It is difficult to achieve meaningful consent in the status quo of worsening inequalities, widespread corruption, monopoly on power, and sustained use of unskilled low-wage workers. In other words, when concerns such as welfare, public health, and the environment are set aside in favor of economic development and commercialization as they have been, discontent, rather than consent, will prevail. It is thus important to keep a watchful eye on the viability of the nominal economic growth, surface-level political stability, and strategic responses to foreign relations that took place in 2017.

• Informatization Policy
• /
• v.29 no.1
• /
• pp.24-37
• /
• 2022

Amid rapid changes in the ICT environment attributed to the 4th Industrial Revolution, the development of information & communication technology, and COVID-19, the existing internet developed without considering security, mobility, manageability, QoS, etc. As a result, the structure of the internet has become complicated, and problems such as security, stability, and reliability vulnerabilities continue to occur. In addition, there is a demand for a new concept of the internet that can provide stability and reliability resulting from digital transformation-geared advanced technologies such as artificial intelligence and IoT. Therefore, in order to suggest a way of implementing the Korean future internet that can strengthen cybersecurity, this study suggests the direction and strategy for promoting the future internet that is suitable for the Korean cyber environment through analyzing important key factors in the implementation of the future internet and evaluating the trend and suitability of domestic & foreign research related to future internet. The importance of key factors in the implementation of the future internet proceeds in the order of security, integrity, availability, stability, and confidentiality. Currently, future internet projects are being studied in various ways around the world. Among numerous projects, Bright Internet most adequately satisfies the key elements of future internet implementation and was evaluated as the most suitable technology for Korea's cyber environment. Technical issues as well as strategic and legal issues must be considered in order to promote the Bright Internet as the frontrunner Korean future internet. As for technical issues, it is necessary to adopt SAVA IPv6-NID in selecting the Bright Internet as the standard of Korean future internet and integrated data management at the data center level, and then establish a cooperative system between different countries. As for strategic issues, a secure management system and establishment of institution are needed. Lastly, in the case of legal issues, the requirement of GDPR, which includes compliance with domestic laws such as Korea's revised Data 3 Act, must be fulfilled.

• The Korean Journal of Air & Space Law and Policy
• /
• v.28 no.2
• /
• pp.223-258
• /
• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST 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", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.