• Title/Summary/Keyword: 조약

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The Constituent Elements of State Responsibility Regarding Space Activities of Private Entities from the Perspective of General International Law (일반 국제법상 민간기업의 우주활동에 대한 국가책임의 성립요건)

  • Jung, Yung-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.121-146
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    • 2018
  • In traditional international law, a state was internationally responsible only for its activities. With the diversification of the subjects of international law and with the expansion of state's activities, however, bearing international responsibility by the state for its nationals or private enterprises has been recognised in international case law and states practices. Also, this was codified in 2001 by International Law Commission, finishing Draft articles on Responsibility of States for Internationally Wrongful Acts. Yet, international responsibility of state for private entities carrying out space activities including launching of satellites and space launch vehicles has been dealt with as an exception from state responsibility in general international law. As we have seen the successful launching of 'Falcon Heavy' by SpaceX which is an american private entity, the private activities in outer space are expanding to even as far as deep space such as Mars. In other words, the scope of the private activities is too enormous to deal with the activities, irrespective of general theories on state responsibility in international law. Therefore, it will be significant to see the constituent elements of state responsibility for private activities in outer space from the point of general international law, without prejudice to provisions related to international space law.

Paradigm Conversion and Task of Life-long Education Policy under the Economic Crisis of European Union (유럽연합의 경제위기 속에서 평생교육정책의 패러다임 전환과 과제 -한국의 평생교육정책 발전 과제에 주는 시사점을 중심으로-)

  • Lee, Sung-Kyun
    • The Journal of the Korea Contents Association
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    • v.12 no.6
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    • pp.518-529
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    • 2012
  • Integration of Europe was started when European Union Treaty was concluded at Maastricht for the first time on December, 1991. Europe which may be called as a cradle of modern national state has realized a single Europe not only in the socio-economic integration field but also in the political field. Under this background, it is considered that life-long education policy for developing a new integrated growth engine of EU requires educational response that may get ready for socio-economic environmental transformation more than anything else. In particular, this policy is faced with an important task of having to achieve harmony of efficiency through diversity and mutual coordination in pursuing cooperation and integrated development of life-long education field. However, notwithstanding their efforts, since 2008, some countries of EU were faced with economic crisis due to economic recession and this situation starts to drive the whole Europe even to the point of their financial crisis at last. This crisis is currently shaking socio-economic integration of EU. This study intends to observe a status of establishing life-long education system and promoting a policy for socio-economic integration of EU and to analyze as to what kind of relevance adult participation rate of life-long learning among the countries belonged to EU has with per capita income and to explore as whether socio-economic integration among member countries could be sustained based on problems of integrative life-long education system under the economic crisis of EU. In addition, through this study, an implication required for presenting a new paradigm conversion, policy establishment and development direction for the life-long education of our country is intended to be deduced.

Precautionary Principle for the Protection of Space Environment against Solar Electromagnetic Storm (우주전파재난과 우주법상의 사전주의 원칙에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.241-269
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    • 2011
  • Solar flare and storm may give an adverse effect upon electromagnetic environment around the Earth, so that various kinds of satellite cease to normally function. This kind of space storm disaster is characterized by the uncertainty about when and what size. Recently the UN has been paying attention to this plausible disaster. Particularly the COPUOS has taken the view that this disaster would threaten the sustainable space environment. The precautionary principle, rooted and excercised in the environment protection filed, has been adopted in the case of disaster with uncertainty. The reports and opinions given by the expert and representatives of the member States have stated that the precautionary principle should be adopted for the purpose of dealing with this disaster. On the other hand, it is advanced that the principle has been already included in the space law principle enshrined in the 1967 Space Treaty. The Treaty has adopted the freedom of navigation and use of the outer space for the interest of all States as the basic principles. Sustainable environment is necessary for implementing the principle. Therefore, the rules for the protection of sustainable space environment should be based upon the space law principle.

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The Generic Terms and the Standards of a Delimitation for Oceans and Seas based on S-23(Names and Limits of Oceans and Seas) (S-23(Names and Limits of Oceans and Seas)을 기초로 한 바다의 속성지명과 바다경계의 획정 근거 분석)

  • Sung, Hyo Hyun;Kang, Jihyun
    • Journal of the Korean Geographical Society
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    • v.48 no.6
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    • pp.914-928
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    • 2013
  • Establishment of limits and names for oceans and seas is necessary for a safety of navigation. Even if there are no national and international standard for the delimitation of sea boundaries, we can take guidelines for the delimitation of sea boundaries through the analysis of IHO official publications, Limits and Names for Oceans and Sea; S-23. This paper shows the changes of the spatial limit of seas since first edition publication, and the standards for a delimitation of oceans and seas were analyzed using S-23 4th edition draft(2002) in terms of physical geographic features. The generic terms of S-23 include Ocean, Sea, Channel, Passage, Strait, Sound, Gulf, Bay and Bight, and each generic term shows hierarchical structures. Several seas show different characteristics compared with definitions of IHO dictionary. Sea boundaries are delimited by longitude and latitude, cape, river mouth, sandbar, and so on. Undersea features such as a shelf, trench, trough, rise, bank and reef are also important features for delimitation of sea boundary. Especially, seas that are delimited by undersea feature are mainly located Arctic and Southern ocean area in S-23 4th edition. Advanced knowledge of marine science with a technical advance might affect to delimit for sea boundary.

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The North Korean Nuclear problem and disarmament of Outer Space (북한 핵문제와 우주군축)

  • Noh, Dong-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.219-246
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    • 2017
  • Nuclear issue is a good example showing globalization of the international regime. The history showed nuclear weapons may cause the extinction of human races when the first nuclear bombs fell down to Japan in August, 1945 and people became increasingly eager to achieve peace. Military buildup for national security is a matter of existence in the international society. However, disarmament or arms control to secure international peace and safety which is also the purpose of the Charter of the United Nations may be the most important task for us to realize peace of the mankind. Today, disarmament, together with amicable settlement of international conflicts and collective security system, is an important means to maintain and promote international peace and safety. It might be our permanent task to realize complete disarmament but, as the Preamble of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) expressed general and complete disarmament, the international society has clarified its effort for complete disarmament. Thus, taking a look into the international regime on the nuclear issue and progress related to the nuclear issue in North Korea, the study was intended to introduce the globalization of the nuclear issue, review the international effort for nuclear disarmament based on the concept of the 'common heritage of the mankind' and with respect to the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and controls over nuclear weapons, and then evaluate the North Korean nuclear issue, which is in direct relation with South Korea and international laws, in terms of the space law and disarmament acts. The collective security system along with policies to prevent dissemination of nuclear weapons should also be emphasized and implemented to cope with the North Korean nuclear issue.

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Industrial Fluctuations and Locality of Busan with Records (기록으로 본 부산의 산업변동과 로컬리티)

  • Song, Jung-Sook
    • Journal of Korean Society of Archives and Records Management
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    • v.16 no.2
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    • pp.143-172
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    • 2016
  • This study analyzes the process of growth of Busan from a fishing village to the capital city of South Gyeongsang Province and the central city of transportation and commerce, and an industry with records. The results of the analysis are as follows: after the port opened in 1876, there has been a decline in settlement spaces in Dongnae; on the other hand, there has been an increase in migration spaces around the port of Busan. Waegwan (倭館) nearby Yongdusan Mountain (龍頭山) was changed to the Japanese concession; thus, the number of Japanese moving into Busan had rapidly increased. As a result, the Japanese government carried out reclamation work for securing available lands for the construction of port facilities and other facilities. The Japanese government built public offices and houses, as well as production facilities for daily necessities around the port of Busan. The opening of the Seoul Busan railway (京釜線) and the cross-channel liner between Busan and Shimonoseki (釜關連絡船) led to the growth of Busan and the development of its status. At this time, as the main industry of Busan was trade, Busan had grown as a commercial city. As Busan had grown as a central city of transportation and commerce, the provincial government building of Gyeongsangnam-do (慶尙南道) moved to Busan. Thus, Busan became the central city of local politics and administration. After the Land Survey Project, a large scale of farmers were recruited for low-wage work in the new port. Because of the abolition of the corporation law, Japanese capitalists moved into their colony in Busan. There, large-scale factories, such as the Joseon cotton textile factory, were established. Through this process, the locality of Busan was changed from a fishing village to a commercial city and, finally, to a city of commerce and industry.

Group-Based Frequency Hopping Scheme for Improving Multi-Net Performance of Link-16 Waveform with Limited Frequency Band (제한된 주파수 대역에서 Link-16 웨이브폼의 멀티넷 성능 향상을 위한 그룹 기반의 주파수 도약 방식)

  • Yu, Jepung;Lee, Kyuman;Baek, Hoki;Lim, Jaesung;Kim, Jongsung;Choi, Hyogi
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.41 no.1
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    • pp.110-121
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    • 2016
  • Link-16 is a representative TDL operated by US air force and NATO and supports structure of Multi-net. Under Multi-net, military operation can be conducted effectively since terminal nodes in Link-16 hop over total frequency band simultaneously. As air traffic is rapidly increasing, new aeronautical system is introduced or existing system should be expanded to accommodate increasing air traffic and frequency band assigned for operating this system is scarce. It is scheduled to implement frequency remapping to solve frequency scarcity. With limited frequency band for operating Link-16, as frequency remapping is implemented, degradation of Multi-net performance can happen since multiple access interference in Link-16 is increasing so it is difficult to conduct multiple military operations. Thus, Group-based frequency hopping scheme is proposed to solve this problem. We verified the performance of the proposed scheme is improved.

The Legal Issues of Private Investigation Service in WTO/FTA System : Study of South Korea (WTO/ FTA 체제에서 민간조사업의 법적문제)

  • Ko, Ji-Hoon;Park, Hyeon-Ho
    • Korean Security Journal
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    • no.27
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    • pp.161-195
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    • 2011
  • As crimes have increased to an extent that the police cannot cope with, there have been continuous discussions for the introduction of Private Investigation (hereafter PI) in Korea. However, attempts to legislate for the introduction of PI have failed every time PI bills for the introduction of PI were proposed. This was fundamentally because arguments both for and against the introduction of PI were sharply divided depending on the priorities. However, regardless of those clash of views, an apparent need for the legislation of PI service has arisen. As Korea opens its service market to other countries through GATS and FTAs, currently existing domestic PI law has been found to be inconsistent with international agreements such as GATS and KOREA-US(KORUS) FTA. This paper found that the Act on Usage and Protection of Credit Information which regulates PI service is inconsistent with the Article 12.4(a)(i) and (iii) of KORUS FTA and the Article 7.11 and the Article 7.13 of KOREA-EU FTA. If Korea does not modify the existing laws and establish new laws in relation to PI, such inconsistencies could lead to international trade disputes which could amount to billions of dollars. In this regard, the passage of the PI bill is necessary.

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Recent Progress and Tasks of Arms Control in South and North Korea (최근 남북한 군비통제의 추진현황과 과제)

  • Kim, Kang-nyeong
    • Korea and Global Affairs
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    • v.3 no.2
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    • pp.87-130
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    • 2019
  • This paper aims to analyze the recent progress(current situation) and tasks of arms control in North and South Korea. To this end the paper is composed of 5 chapters titled instruction; recent progress(current situation) of arms control in South and North Korea; constraints and tasks of arms control on the Korean peninsula; and conclusion. One of the most important tasks for the establishment of a peace structure for the coexistence of the Korean people in the 21st century is the realization of military control in order to resolve the acute military confrontation situation and mutual threats. With the 2018 PyeongChang Winter Olympics, the North-South summit and the subsequent talks for peace and denuclearization on the Korean Peninsula, the North Korea-US summit, and subsequent talks are creating conditions for trust building and arms control between the two Koreas. The military trust between the two Koreas and operational arms control are being achieved through the declaration of the April 27 Panmunjom and the 'Military Agreement for the Implementation of the Panmunjom Declaration.' However, since there are constraints on the control of arms control, such as the persistence of hostility and distrust of the two Koreas, the defense treaty between the two Koreas and neighboring countries, the competition of neighboring countries and the complex interests of the Korean peninsula, Trust Building is important. We should resolve the issue of arms control between the two Koreas, taking into account the trend of international arms control over the internal and external dynamics of the Korean peninsula gradually and carefully, with a vision of long-term unification security.

A Study of Policy Conversion in the EU Member States: with Special References to Minimum Income Guarantee (유럽연합의 정책 수렴에 대한 연구: 기초소득 보장을 중심으로)

  • Moon, Jin Young
    • 한국사회정책
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    • v.25 no.1
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    • pp.321-343
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    • 2018
  • This paper aims to apply the convergence theory into the minimum income guarantee which forms the moral foundation of the welfare state. The research question of this paper is if the level of minimum income guarantee among EU member states (EU-15) gradually converging into a certain level. For this purpose, Chapter 2 describes the convergence and diversion of welfare states since the Second World War, and chapter 3 explains the historical development of the EU social policies since the Rome Treaty (1957). Chapter 4, which is the main body of this paper, analyzes if the level of minimum income guarantees of EU member states is converging by the coefficient of variation analysis and regression analysis. However, converging trend of the level of basic income guarantee among EU member states has not been proved. In other words, social policy arena still remains strongly in the realm of national sovereign states, irrespective of growing pressure from the supra-national governing body like the EU. It is in line with the Abram de Swaan's argument that "welfare states is nation states" (1994: 110).