• Title/Summary/Keyword: 주권적 권리

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Empirical Analysis on Economic Factors of Infringement on Ocean Sovereignty from Chinese fishing boats (중국어선 해양주권 침해의 경제적 요인에 관한 실증적 연구)

  • Oh, Sang-Jin;Choi, Kyoung-Hoon;Park, Gyei-Kark
    • Journal of Korea Port Economic Association
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    • v.33 no.3
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    • pp.69-90
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    • 2017
  • Areas of marine activity have expanded into exclusive economic zones and the continental shelf since the United Nations Convention on the Law of the Sea(UNCLOS) in 1994, The signatory countries have been enforcing their maritime rights and competition in the international community has become intensified. Marine-related issues, including maritime sovereignty, has become an increasingly important issue with many national security and related studies following this trend. However, while there are many policy-related studies there remain few empirical studies. This paper conducted a study of illegal cases of Chinese fishing boats which are quite frequently for an empirical study on maritime sovereignty. This study conducted empirical analysis regarding factors relating to ocean sovereignty infringement by using correlation and multiple regression analysis. The result of observed increases in illegal Chinese fishing boats decreased the production of aquatic products, whish resulted in economic fishery losses to Korea households and inflation in the Korean economy.

Geographical Study on the Boundary Dispute of Ieodo Sea between Korea and China (한.중 간 이어도해(海) 영유권(領有權)분쟁에 관한 지리학적 고찰)

  • Song, Sung-Dae
    • Journal of the Korean Geographical Society
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    • v.45 no.3
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    • pp.414-429
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    • 2010
  • With regard to Ieodo, South Korea and China argue that Ieodo belongs to their territory respectively, considering its history. However, both parties haven't suggested concrete evidence to support their argument. Even if they suggest corroborative facts, they are distorted or exaggerated like myth. Therefore, it is important by what side primitive title and effective control are exercised in settling the problem of Ieodo. The issue was to suggest coherence logic by finding concrete geographical facts in the East China Seat the time of applying a method of boundary decision followed by the marine act, namely principle of median line and principle of equidistance. China has argued that China should occupy most of continental shelf in the East China Sea on the basis of silt, a deposit of the continent. However, the base of the East China Sea is a part of Eurasian Plate. In addition, a geographical contribution to formation of the continent shelf by the Korean Peninsula is equal to the Chinese Continent. Ieodo is 'Island of mythos' in China, but is 'Island of legend' suggested by concrete facts in South Korea. Therefore, its cultural titile and primitive title are belonged to South Korea, before its historical title.

A study on DID self-sovereign identity for digital content management (디지털 콘텐츠 자기주권 신원 관리를 위한 DID 연구)

  • Baek, YeongTae;Min Youn, A
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2020.07a
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    • pp.395-396
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    • 2020
  • 본 논문에서는 디지털 콘텐츠의 유통과정의 복잡함과 창작자에 대한 권리를 보장하기 위하여 블록체인 기반 플랫폼을 통하여 투명하고 무결성이 보장된 자기권한 관리가 가능하도록 DID(Decentralized Identity)의 적용을 연구하였다. DID의 효율적 적용을 위하여 DID문서와 Verifiable Credential과 presentation의 관리상 특징을 고려하고 DID를 통한 인증과정에서 발생하는 다양한 메타데이터에 대하여 차별화된 암호화 기법적용이 가능하도록 하였다. 본 논문의 연구를 통하여 디지털 콘텐츠에 대한 자기권한 관리가 보다 간단해지고 권리인증 과정 시 안정된 성능 제공이 가능할 것으로 사료된다.

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Drivers of China's Assertive South China Sea Strategy (중국의 공세적 남중국해 전략의 동인(動因))

  • Jeong, Sung-kyun
    • Strategy21
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    • s.33
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    • pp.253-269
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    • 2014
  • 중국의 남중국해의 분쟁 도서 및 이에 속하는 배타적 경제수역과 대륙사면에 대한 주권과 '역사적 권리' 주장이 동아시아를 격변의 시기로 몰고 있다. 지난 수 십 년간의 중국의 놀라운 경제성장은 100년의 굴욕을 벗어나 '세계 강대국 복귀'라는 중국의 자부심 제고에 크게 기여했다. 그러나, 중국 정부는 지속적인 경제성장과 사회적 만족 유지에 필요한 자원 부족이 잃어버린 중국의 영광을 되찾는데 심각한 위협이 될 수 있음을 염려하고 있으며, 외국자원에 대한 의존성 증가를 그들의 사회적이며 경제적 안정과 자원안보의 심각한 도전으로 인식하고 있다. 2010년 이후 중국은 수차례에 걸쳐 남중국해를 중국의 "핵심 가치"라고 주장하고 있으며, 자원 부족이 중국에게 강압적 남중국해 전략 추진을 강요하고 있다. 본 논문은 자원부족이 중국에게 강압적인 남중국해 전략을 추진하도록 종용하고 있는 전략 환경에 끼친 영향을 분석해 보았으며, 또한 중국정부가 염려하고 있는 중국의 안정에 미치는 영향을 살펴보았다. 그리고, 중국의 자원부족과 이에 따른 강압정책이 중국, 동아시아 및 국제 사회에 미친 전략적 영향을 고찰해 보았다.

The China Coast Guard Law (2021): A New Tool for Intimidation and Aggression (중국해안경비법(Coast Guard Law)(2021): 위협과 공격을 위한 도구)

  • Pedrozo, Raul (Pete)
    • Maritime Security
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    • v.3 no.1
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    • pp.1-44
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    • 2021
  • China's new Maritime Policy Law (MPL) purports to regulate the duties of China's maritime police agencies, including the China Coast Guard, and safeguard China's sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China's maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous provisions of the MPL regarding the use of force are also inconsistent with international rules and standards governing the use of maritime law enforcement jurisdiction, as well as the UN Charter's prohibition on the threat or use of force against the territorial integrity or political independence of any state. China could use the MPL as a subterfuge to advance its illegal territorial and maritime claims in the South and East China Seas and interfere with coastal State resource rights in their respective exclusive economic zone.

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A Study on the right to data portability for data sovereignty triggered by the GDPR enforcement (GDPR시행에 따른 데이터 주권강화를 위한 개인정보 이동권에 관한 연구)

  • Jeon, Ju-Hyun;Rhee, Kyung-Hyune
    • Proceedings of the Korea Information Processing Society Conference
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    • 2018.10a
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    • pp.300-303
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    • 2018
  • 유럽연합(EU)의 GPDR(개인정보보호일반규정)시행에 따라 개인정보를 활용하는 사업자 입장에서는 개인정보 보호도 중요하지만 활용측면에 더 많은 관심을 보이고 있다. 개인정보 보호와 활용에 따른 균형점을 찾는 제도적 정착을 위해 개인정보 이동권에 대한 요구가 생겼다. 국내 개인정보 관련 법률에는 아직 근거가 없으며 개인정보처리자의 독립적 데이터 보유에 따른 책임 강화와 정보주체가 자신의 데이터를 관리하는 권리를 가지고 데이터 활용을 할 수 있는 개인정보 자기결정권이 더 요구된다. 이에 따라 본 논문에서는 GDPR의 개인정보 이동권에 대한 현황 및 준수사항을 알아보고 각 나라별 개인정보 이동(data portability)에 따른 개인정보 활용방안과 고려사항을 제시하고자 한다. 개인정보이동에 한 형태로 국내 마이데이터 시범 사업이 정착하기 위한 법칙, 기술적 대응사항을 제시하고자 한다.

Understanding the Access and Benefit-Sharing of Genetic Resources for Microbiology Researchers (나고야의정서 이행에 따른 새로운 유전자원 접근 이익공유 체계의 이해와 미생물 연구자의 대응방안)

  • Lee, Jonghyun;An, Minho;Chang, Young-Hyo
    • Microbiology and Biotechnology Letters
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    • v.49 no.3
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    • pp.269-282
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    • 2021
  • Following enforcement of the Nagoya Protocol (NP), in which the sovereign rights to genetic resources of countries are recognized, new legal obligations regarding access and benefit-sharing (ABS) that did not exist before have now been imposed on researchers. To implement the NP, many countries are introducing new procedures and regulations when a researcher wants to obtain genetic resources for commercial or noncommercial uses. It is therefore expected that resource-rich countries will adopt strong regulations to protect their genetic resources. In this regard, Korean microbiologists will need to respond to these changes to minimize the potential damages caused by the ABS. This paper reviews the key contents of the NP to raise its awareness among scientific researchers and further presents specific measures to meet the ABS obligations accordingly. For example, Korean researchers, in principle, do not need to acquire Prior Informed Consents (PICs) when they access Korean microbial resources for both commercial or research purposes. Nevertheless, when a foreign culture collection agency such as DSMZ requests a confirmation of compliance with the NP to deposit genetic resources, Korean researchers can also apply for a PIC with the Korean government as an exception. By referring to this article, microbiologists will be able to conduct their research in compliance with the NP while respecting the legal ABS obligations of each resource-providing country.

A Servicism Model for A New Democracy (서비스주의 민주주의 모델 연구)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.12 no.1
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    • pp.1-24
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    • 2022
  • This study was conducted to derive a new model for popular democracy in the modern society. The problem is exacerbated as the original model of democracy, isonomia, has faded and modern democracy is operated as a democracy in which the masses rule. Democracy is exposing a bigger problem due to the economic inequality caused by the majority rule and the capitalist economic system. Popular democracy, in which all the masses are equally qualified as sovereigns, is a structure in which cunning politicians can easily seize power if the voters are not wise. Isonomia is a system in which free people who solve economic problems on their own and have honesty, courage, dedication, sacrifice and sincerity set laws with the same qualifications, and keep the laws themselves, is a system that depends heavily on the conscience and virtue of free people. Modern popular democracy embodies the absolute equality of the sovereign regardless of economic power, but without the spirit of sacrifice and dedication to the community, those who can win popularity by wrapping themselves up as if they are sacrificial and capable people may seize power. This study presents a service-oriented democracy as a system that can maintain the merits of modern popular democracy while embodying the essence of isonomia. The system was implemented focusing on the qualifications for virtue, such as honesty, courage, sacrifice, integrity, etc., fair to all regardless of wealth. Human imperfections have been supplemented by the use of artificial intelligence. The assumption about the nature of the sovereign and public officials' agents was newly established, and the winner-take-allism problem was solved. This study proved that both the philosophy of Isonomia and the merits of Democracy can be realized through service-oriented democracy based on the common principle of humanity and the philosophy of service. Service-oriented democracy can be called revision democracy.

Current Status and Tasks of Maritime Territorial Policies in Korea (국내 해양영토 정책의 현황과 과제)

  • Lee, Junsung
    • Maritime Security
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    • v.3 no.1
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    • pp.237-255
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    • 2021
  • This article analyzed maritime territorial policies in Korea. Marine territory originally refers to the topography of the subsoil in a country's territorial sea. From a political perspective, it is a broad concept that includes islands and polar regions beyond the jurisdiction of Korean sovereignty or sovereign rights, such as territorial waters, EEZs, and continental shelves. Also, Korean researchers use "maritime territory" as a term for maritime zones that stretch from Ieodo (Korean EEZ) to Dokdo Island. The purpose of this study is to review the concepts of various domestic maritime territories and examine the formation and change of policies. The article is structured as follows. Chapter 2 reviews past discussions on maritime territories and analyzes the concept of maritime territory based on them. The term "maritime territory" is used indiscriminately with islands due to the lack of discussion on this matter between academic circles in the past. Therefore, this chapter provides an in-depth analysis of the concept of maritime territory. Chapter 3 tracks the formation and change of maritime territorial policies. Today, the concept of domestic maritime territory has been completed in the public domain. The activities of the Ministry of Oceans and Fisheries, the control tower of domestic maritime territorial policies, are summarized to explain this concept. Chapter 4 analyzes the concept of maritime territory by comparing it with China's blue state territory (藍色國土). As China's concept of blue state territory has many similarities with maritime territory as a political base for China's maritime activities today, comparing these two concepts would be significant. Based on the above, Chapter 5 derives suggestions to promote maritime territorial policies.

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The International Legality of the North Korean Missile Test (북한미사일 실험의 국제법상 위법성에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.211-234
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    • 2009
  • North Korea conducted the launcher test, which, as North Korea claimed, belonged to the sovereign rights for the purpose of peaceful utilization and exploration of the outer space. The launching was allegedly done for the sole purpose of putting the satellite into earth orbit, while international community stressed the fact that the orbiting of satellite was not confirmed and that the technology used was not distinct from the purpose of building intercontinental ballistic missile. UN Security Council adopted the resolutions which took the effect that the launching was deemed as the missile launching, not the mere launcher test. North Korea declared the moratorium of suspending its test activity. Controversial issues have been raised regarding whether the launcher itself has the legal status of enjoying the freedom of space flight based upon the 1967 Outer Space Treaty. The resolutions, however, has put forward a binding instrument forbidding the launching. UN Security Council resolutions, however, should be read not as defining the missile test illegal, in that the language of resolutions, such as 'demand', should be considered as not formulating a sort of obligatory act or inact. On the other hand, the resolutions should be read as having binding force with respect to any activity relating to the weapons of mass destruction. The resolution 1718 is written in more specific language such as 'decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'. Therefore, the lauching activity of the North Korea is banned by the UN Security Council resolution. It should be noted that the resolution does not include any specific provisions defining the space of activity of the North Korea as illegal. But, the legal effect of the moratorium is not denied as to its launching itself, which is corresponding to the missile test clearisibanned in accordance with the resolutions.

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