• Korean Journal of Heritage: History & Science
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• v.52 no.4
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• pp.104-123
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• 2019

Various European countries were active rather early on in the formation and research of Korean ceramics, which are considered a representative genre of Korean art. Of these, England is especially noteworthy due to its relatively large volume of extant archival material related to the procurement of Korean ceramics in modern Britain. The material is important in that it contributes to our understanding of the formation and economic worth of these collections. Especially meaningful are the previously unknown documents dating to the period when institutions such as the British Museum and the Victoria & Albert Museum were most actively collecting Korean ceramics. These documents provide insight into the circumstances-process, prices, standards, perceptions, etc.-of procurement for the Korean ceramics now in British collections. The changes in the perception of Korean ceramics and the intention for forming such collections in modern Britain can be divided into three periods. The first, starting from the late 1870s and ending in the late 1880s, is categorized by the collectors' misguided ideal of Korean ceramics in the absence of a true understanding of the subject. During the late 1880s up until 1910, the Korean ceramics entering British collections were mostly ethnographic in nature and examples of implements used in Koreans' daily lives. Lastly, from 1910 to 1940, Korean ceramics were regarded as art objects to be collected, and Goryeo celadons formed the core of many of the British collections being assembled at the time. As for the matter of collecting standards and processes, the matter is examined through the study of three individuals who visited Korea and acquired Korean ceramics in the early 20th century. After 1910, the British started to make trips to the Far East via boat or the Trans-Siberian Express and purchase Korean ceramics during their travels. It has been confirmed that former bureaucrats were able to acquire 'good and old Goryeo ceramics' at reasonable prices from either tomb robbers or through direct visits to regions where such wares were being excavated. In addition, this study also focuses on the previously unfamiliar company Kavanaugh & Co, which made important sales and provided transport of various objects, including Korean ceramics, to its Western clients. The final part of this study examines the standards of appraisal for the Korean ceramics collected in modern Britain. The main criterion the balance between form and price of the piece. In other words, the best pieces were those that were of superior quality but acquired at the cheapest prices. British collectors particularly valued not only the Goryeo celadons favored by the Japanese but also Joseon ceramics for their innovative form, design, and technique. These standards of aesthetic and form were important factors that influenced the formation of diverse Korean ceramic collections in modern Britain.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.419-442
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• 2018

Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.