• Intergrated Energy Industry
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• s.4
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• pp.30-31
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• 2006

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.199-236
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• 2014

This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.

• Proceedings of the Korean Society of Computer Information Conference
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• 2015.07a
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• pp.111-114
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• 2015

민법상 인정하고 있는 부부재산제도는 부부별산제의 원칙 아래 부부재산계약을 따로 두고 있는 형태이다. 부부재산계약은 혼인신고를 하기 전 두 당사자가 재산관계에 대해 합의한 사항을 등기하면 제3자에 대해서도 효력이 있도록 하는 제도로, 부부별산제의 예외가 된다. 부부별산제(민법제830조)는 부부의 일방이 결혼 전부터 갖고 있던 재산과, 결혼 생활 도중 자신의 명의로 취득한 재산을 그 개인의 것으로 보고, 소유가 불분명한 경우만 공유로 추정하고 있다. 따라서 재산의 관리, 사용, 수익은 소유자가 하게 된다. 결국 부부의 공동으로 형성된 재산이라도 소유자가 모든 권리를 행사할 수 밖에 없어 명의를 갖지 못한 부부일방은 재산적인 침해를 받을 수 있는 등 형식적 평등에 불과하고 실질적인 부부의 경제적 평등을 보장받지 못하고 있는 실정이므로 양성평등과 가족법적 이념에도 어긋나는 제도라 볼 수 있다. 그리고 부부별산제가 제3자와 관계에 있어서 법적안정성을 확보할 수 있다는 장점은 있으나, 법적분쟁 시 일방배우자의 소유재산이더라도 상대방 배우자의 숨어있는 가사노동 지분에 대한 보호규정 등이 없어 문제가 제기되고 있다. 따라서 본 연구에서는 부부재산제도의 문제점을 파악해보고 이를 근거로 합리적인 개선방안을 제시하고자 한다.

• Journal of the Korean Geographical Society
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• v.49 no.3
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• pp.371-389
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• 2014

This study aims to analyze the redistricting problems in non-autonomous Gu. Although non-autonomous Gu is a just local administrative district, it has been regarded as an important and basic spatial unit in electoral redistricting. By the reform of Public Official Election Act in 2012, however, non-autonomous Gu is distinguished from local governments like Si, Gun and autonomous Gu, in boundary delimitation for the 19th National Assembly election, and some are divided into a part of another constituency. About these background, this study points out the following problems. First, in national scale, the reform of Act made the malapportionment in constituencies of non-autonomous Gus, comparing with those of local governments. Second, there was the discriminative application of Act in each non-autonomous Gu and it will make the malapportionment worse in next election, considering the reorganization of local administrative system. Finally, this study propose that it is necessary to select one from a variety of redistricting principles, especially between the prevention of gerrymandering, the representativeness of local government and the apportionment, prior to another amendment of redistricting system and the debate about political reform.

• Journal of the Korea Society of Computer and Information
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• v.27 no.5
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• pp.189-197
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• 2022

It is not seen as discrimination based on reasonable grounds for the National Public Officials Act to discriminate between public officials entering general graduate schools and public officials entering law schools. The degree of discrimination cannot be said to be appropriate. Therefore, it is judged that it violates the principle of equality under Article 11 of the Constitution for the relevant laws and regulations to treat them differently by excluding those public officials who went to law schools from the application of the State Public Officials Act because the criteria for discrimination cannot be said to have a substantial relationship to realize its purpose. The degree of discrimination is not appropriate, so related laws and regulations are arbitrary legislation that discriminates against public officials entering law schools without reasonable reasons. Articles 71(2)3 and 72(6) of the National Public Officials Act and Article 90 of the Rules on the Appointment of Public Officials stipulate that public officials who want to go to "research institutions or educational institutions designated by the head of the central personnel agency" can use the training leave system. However, it is reasonable to assume that there is no reasonable basis for discrimination because it does not allow such benefits to public officials who wish to enter law schools. I think it is desirable to utilize a special admission system that allows students to enter night law school or to enter while working for a living.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.178-189
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• 2016

This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.

• Informatization Policy
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• v.29 no.4
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• pp.67-90
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• 2022

The March 2022 presidential election held at the peak of the COVID-19 pandemic drew flak for undermining the principle of universal suffrage by failing to guarantee properly the voting rights of confirmed and quarantined persons. Guaranteeing their voting rights requires thinking about e-voting that can fundamentally overcome the temporal and spatial limitations of current paper voting polling stations. The question is how to deal with the increased possibility of contradicting or violating the principles of equality and direct and secret suffrage due to the expansion of universal suffrage. In order to obtain implications for this, we looked at the case of Estonia, which has been holding 11 national elections without any problems since the introduction of e-voting in 2005. Estonia was successfully building trust in the system, government, and society through the institutionalization and routinization of the overall socio-technical system of e-voting, along with political and constitutional agreements on the principles of elections. Therefore, we should not only consider the possibility of e-voting in terms of technological development and level but also discuss the establishment of trust by mediating conflicts between election principles from a normative point of view to reach a social consensus.

• Journal of Environmental Policy
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• v.5 no.1
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• pp.1-23
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• 2006

This study explores what potential future greenhouse gas allocation schemes might mean for OECD countries, and discusses a number of concepts of equity, examines three specific burden sharing rules and formulae. The results indicate that Korea reduces its emission from 8.1% and 19.8% which is 34.9-85.8 million tons of $CO_2$ emission on the assumption that the overall level of abatement remains 20% of total 2000 OECD emissions.

• Journal of Digital Convergence
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• v.14 no.5
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• pp.117-123
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• 2016

As a multicultural society, is it right to adhere to the prevention principle of permanent migration of migrant workers? We need to try to do a little more calm consideration on the prevention principle for permanent migration rather than in terms of human right and emotional aspect. Even though there is a suggestion that we need to decrease the proportion of 3D Jobs by improving industrial demand, migrant workers can be an alternative in that we need a solution unless we can be freed from 3D Jobs. The prevention principle for permanent migration not only is against the trend of multicultural society but also blocks the opportunity for migrant workers to share their skills and knowledge taught in our country. In addition, with the society aging, that the permanent migration of migrant workers can be proper channels to supply young labor force should be kept in mind. In addition to this practical aspect, considering that all human beings are equal and with dignity and unequal conditions that migrant workers undergo require empathetic viewpoint, the prevention principle should be amended.

• Journal of the Korean Geographical Society
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• v.47 no.5
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• pp.718-734
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• 2012

This study investigates the interference of politics of regional cleavage in the redistricting for national assembly election and its effects on gerrymandering and malapportionment. Since the Constitutional Assembly election, the argument about gerrymandering and malapportionment continues and the single-member election district with simple plurality system in Korea has aggravated the problem of cleavage and unfairness. Especially, redistrictings for national assembly election in 2008 and 2012 are suspected of gerrymandering by Saenuri party and Democratic United party. Yeongnam region where Saenuri party is dominant and Honam region where Democratic United party is, are over-represented compared to population, while the districts in Gyeonggi-do are under-represented and the need for increasing the number of districts has been ignored. These redistrictings might come from unfair and collusive interference of politics of regional cleavage, and consequently malapportionment has been brought about.