• 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.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.36 no.1
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• pp.121-128
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• 2016

The restructuring of Korean railway industry, separation of between train operators and an infrastructure manager, had been conducted in 2004 to increase the productivities of railway operations. However, the maintenance-staffs are still employed by Korail (train operator), not by the infrastructure manager, which led the maintenance of railway infrastructure to be conducted by the train operator. The infrastructure manager is now only taking care of financial transferring issues once the train operator requests expenses spent for facility maintenance. Such incomplete restructure may result in a lack of safety performance on railway operations as the roles and responsibilities are less likely to be assigned under the multiple train operators. Thus, this study proposes the way of structuring maintenance divisions and their roles and responsibilities to assure the safe work execution under the circumstance of multiple train operators on the same rail network.

• The Journal of the Convergence on Culture Technology
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• v.9 no.5
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• pp.57-63
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• 2023

The purpose of this paper is to analyze the aspects of hybrid warfare and show the limits of jus in bello, a principle that evaluates the moral responsibility of the agents. As a theory of the morality of war presented in traditional warfare, the just war theory has been widely accepted. In particular, jus in bello offers the criteria of moral legitimacy regarding the actions of individuals participating in or involved in war. However, hybrid warfare, in which various aspects of warfare operate in a complex way, has obvious differences compared to traditional warfare, and this difference causes difficulties in determining the moral evaluation and attribution of responsibility for actions in war. In order to appropriately resolve the moral problems arising from hybrid warfare, it is necessary to clarify what the limitations of existing moral justification theories are. To this end, in this paper, we will first present a conceptual understanding of hybrid warfare, specify the differences from traditional warfare, and then show the limits of its application in hybrid warfare in light of the three principles that compose jus in bello.

• Cross-Cultural Studies
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• v.52
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• pp.79-110
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• 2018

This purpose of this study was to address the issue of forgiving unforgivable crimes, inevitably raised in Paul Ricoeur's thoughts. He explores the possibility of righteous historical representation of tragic events in Western history. Being aware of injustices of amnesty indiscriminately extended by the government, he studied the process through in which a genuine pardon should unfold before granting amnesty. He believes that this process called the "odyssey of forgiveness" presupposes the process of "imputability," in which the perpetrator should acknowledge his/her wrongdoing as his/her act and take reasonable responsibilities for it in a modest position. However, such acknowledgement of wrongdoing cannot be any reason for the victim to necessarily grant forgiveness to the perpetrator. According to him, forgiveness is a gift and the power of love enabled by a complete forgiver only. The initiative of forgiveness is attributable to the forgiver only. To never relinquish tension between love and justice in the forgiving process, he devises a way of planning an equation of forgiveness in a vertical scheme. Finally, he explains the process of requesting and granting forgiveness in a form of a righteous historical representation against the oblivion of past tragic events. He contends that this event of forgiveness promises a new life and a new era to all seeking and granting forgiveness, and that write a righteous history in eschatological hope.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.3-82
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• 2015

This paper is concerned in the theme of the liability for the breach of duty to inform(Haftungszurechnung der $Aufkl{\ddot{a}}rungspflichtverletzung$) and the malpractice of cosmetic surgery. Here, the terms, treatments for healing purposes and purely medical-technical cosmetic operations are well integrated in the category of "medical conduct(medizinische Handlung)" within the meaning of the public and administrative 'Medical Law'. In the judgment of 6. 13. 2013 Az. 2012DA94865 provides the KHGH(Korean Highest Court of Justice) to inform the patient about the prospects and risks of cosmetic surgery(Infrabrow Excision Blepharoplasty) stringent requirements, similar to the judicature of BGH(cf. BGH, Urt. v. 6. 11. 1990, Az.: VI ZR 8/90). Even in the judgment of 5. 12. 2014 Az. 2013GASO865646 the SZLG(Seoul Central Regional Court) recognizes the physician contract for 'cosmetic septoplasty' as a sort of contract for work. The medical treatment(${\ddot{a}}rztliche$ Heilbehandlung) is still regarded as a prototype of the medical activity, therefore in the meaning of the 'Civil Law(KBGB)', its term needs to be used immediately for healing purposes. The cosmetic operation, desired by a patient, differs from the healing treatment by the element of "indication" and the fact that the "healing purpose(Heilzweck)" itself is missing. In comparative context - methodically fully aware that the unreflective term transfer between different laws might contradict their legal purposes - a series of judgments BSG(BSGE 63, 83, BSGE 72, 96, BSGE, 82, 158, BSGE 93, 252 etc.) and some judgments of LSG are reviewed. In addition, also the dogmatic topic for the "legal natur of a medical treatment contract" is to reconsider by comparative introducing BGHZ 63, 306. Now in view of the current state of greater popularity of artificial cosmetic surgery still indeed is the sentences: The doctor is minister naturae, a helper of nature. A doctor promises regularly only the proper treatment of the patient, but the contractual liability for work should not be excluded in medical conditions for cosmetic surgeries altogether. "With cosmetic operations, seeking to eliminate the external deformities, the doctor may miss the medical profession entirely." - A. Laufs, Medical Law, 5th ed. P. 18.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.125-157
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• 2019

Technological advancement and demand of sUAS (small Unmanned Aircraft System)are rapidly growing, which makes the current legal system unable to follow. Currently, Aviation Security Act and its subordinate law exclude the registration and certification for non-commercial purpose sUAS weighing less than 12kg. Despite this sUAS being the most popular model for consumer, there is no way to regulate them legally. When there is sUAS crash accident, the operator legally responsible for the occurrence damage cannot be identified. It has been an issue for a long time with the concrete classification and registration of sUAS, but it has not been introduced yet. It is obvious that damages caused by sUAS will be transferred not only to operators but also to third parties. Discussions on liability insurance for these sUAS are actively being held. But first, it is necessary to identify who will be responsible for the damage caused by the sUAS. In other words, even with the liability system established, without clarified operator the damage occurred cannot determine who is responsible. According to the cases of America and Germany, they have enforced the law of registration and identification obligated to 200g or 250g sUAS. Therefore, it is necessary to prepare regulations on concrete classification and registrations to identify for noncommercial purpose sUAS as soon as possible in Korea.

• 한국체육학회지인문사회과학편
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• v.55 no.2
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• pp.11-22
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• 2016

Researcher has reviewed the diagnosis and strategies under the perspective of the Luhmann's system theory, and has concluded the following. The existing anti-doping communication has adopted a personalization strategy, in which the causes and responsibilities of doping is attributed to persons. Therefore, the problem-solving measures are all most the individual-centered such as detection, punishment, education to enlighten. Such a strategy is not only to simplify the doping phenomenon, which is a result of the complex entanglement of the interests of the sport system and its surroundings functional systems, to a result of the individual decision-making according to free will, but also to contribute to hiding of the internal and structural problems of systems through the self-reflection blocking of sport system and its surrounding systems, and to inactivate the anti-doping efforts by imposing demand which player or trainer can not easy accept. The effective strategy for combating doping should be conceptualized and executed in all levels of problems.

• Journal of Korean Medical classics
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• v.19 no.2 s.33
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• pp.294-300
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• 2006

왕숙화(王叔和)의 저작으로 알려진 ${\ulcorner}$맥경${\lrcorner}$은 중국의학사상 매우 중요한 지위를 차지하고 있다. 현재 사람들이 이 책을 중시하는 것은, 진단학의 저작일 뿐만 아니라, 그 가운데 장중경(張仲景) ${\ulcorner}$상한론(像寒論)${\lrcorner}$, ${\ulcorner}$금궤요약방${\lrcorner}$의 내용을 수록 하고 있기 때문이다. 따라서 이 책의 연구를 통해 장중경(張仲景)의 의학문헌 발전사를 살펴볼 수 있다. 본문에서는 ${\ulcorner}$맥경${\lrcorner}$과 중경(仲景)의 ${\ulcorner}$금궤${\lrcorner}$의 편장(篇章)의 목록사이의 관계를 비교하여 토론하였다. 고보혀(高保衝) 등 송신(宋臣)의 교정을 거친 ${\ulcorner}$맥경${\lrcorner}$은 비록 권수가 바뀌지 않았지만 그 내용이 여러 전적을 참고하여 이루어졌다. 중복된 글을 삭제하고 빠진 곳을 채워서 편제가 많이 바뀌어서 부류에 따라 귀속하였으므로 중대한 변화가 발생하였다. 인용문의 통계분석에 따르면, 현본 ${\ulcorner}$${\lrcorner}$ 가운데 제 1, 5, 9, 13, 19, 23편 외에, 나머지는 모두 혹은 대부분 ${\ulcorner}$맥경(？？)${\lrcorner}$에 나온다. 둘의 글자를 비교하면, 조문이 같은 것이 대부분이며, 글자가 다른 곳도 있다. 이들을 ${\ulcorner}$맥경${\lrcorner}$의 글자가 분명히 ${\ulcorner}$금궤${\lrcorner}$보다 많은 것, ${\ulcorner}$맥경${\lrcorner}$ 및 ${\ulcorner}$금궤${\lrcorner}$의 동일 조문을 서로 교정한 것 ${\ulcorner}$맥경${\lrcorner}$ 및 ${\ulcorner}$금궤${\lrcorner}$에서 피해(避害) 인해 같은 조문의 글자가 다른 것 등의 세 가지로 나누어 토론하였다. ${\ulcorner}$맥경${\lrcorner}$과 중경의서(仲景書件)의 편장목록의 비교하여 필자는 만일 왕숙화(王叔和)의 ${\ulcorner}$맥경${\lrcorner}$ 권7의 원래의 존재에 대해 완전히 부정한다면 받아들이가 어려울 것으로 본다. 본문에서 설명한 것처럼, 송신(宋臣)이 ${\ulcorner}$맥경${\lrcorner}$을 정리할 때 당시의 몇 종류의 류핸본(流핸本)을 참고하였으며, 그들은 원래의 구조에 의거하여 이 책을 10 권으로 교간(校刊)하였다. 아마도 원서의 권 7 내용이 풍부하지 않았으므로, 송신은 기타의 책을 참조하여 보충하고 수정하였으며, 추측컨대 권8, 권9도 또한 이러한 가능성이 있다. 이러한 점은 송선이 이미 서문에서 강조하여 설명한 ‘중복된 것을 제거하고, 빠진 것을 보충하였으며 그 편제도 또한 상당히 개역하여 부류에 따라 맞추도록 하였다’ 라는 것이다. 어쨌든, 중경(件景)의 ${\ulcorner}$금궤요약방${\lrcorner}$의 유전과정에서 ${\ulcorner}$맥경${\lrcorner}$은 매우 중시할 만한 문헌의 하나인 것이다.

• Korean Journal of Legislative Studies
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• v.27 no.1
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• pp.79-115
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• 2021

Voters' negative evaluations of government performance lower their trust in government, which functions as the reward and punishment for the government. Trust in government thus serves to promote political accountability of the representative government. However, voters build their confidence toward the party government where the ruling party is responsible for the performance. Considering this partisan nature, we empirically examine that the influence of voters' performance evaluations on governmental trust is conditional on their party identifications. While higher perceptions of political/social conflict and increasing negative evaluations of government policies and economic performance are associated with the lower level of confidence in government, the relationship is contrasted between different party identifiers. For supporters of the ruling party in 2020, the negative evaluations of government performance are not likely to reduce trust in government a lot. On the contrary, those who identify with the main opposition party show the most prominent effect of negative evaluations on their distrust in government. This study demonstrates that trust in government is affected by voters' partisan preferences, not entirely by evaluations of government performance. Such a distortion of the reward and sanction function of governmental trust might lead to the weakening of the accountability mechanism in representative democracy.

• Journal of Korean Philosophical Society
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• v.144
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• pp.51-82
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• 2017

In Meditation II, Descartes questions "sed quid igitur sum" ("But what then am I?"). To this question to rule our essence, A. Clark insists that "We are soft selves". The idea by Clark is a spontaneous conclusion of the extended mind theory stating that cognitive process, cognitive state, and self may be extended over biological organisms. However, it seems that it is difficult for the extended self to have the qualifications as a moral agent. There have been disputes about expandability of cognitive process and cognitive state, but there have not been many disputes about the possibility of accountability of behavior by the extended self. First of all, in this thesis, it will be revealed that the extended self through the analysis of metaphorical theories and the ontological essence of agent and behavior by G. Lakoff and M. Johnson is just metaphorical rhetoric, which is not suitable for rational comprehension of ontological essence of agent and behavior. Moreover, the analysis of problem about artificial moral agent (AMA) proposes the "Strong First-person Viewpoint" as a requirement of the agent. Finally, the concept of extended self will be shown to be unsuitable for theoretical explanation of us, and the concept of human person will be proposed as an alternative solution.