• Title/Summary/Keyword: 필자 역할

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Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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Territorial Expansion the King Võ (Võ Vương, 1738-1765) in the Mekong Delta: Variation of Tám Thực Chi Kế (strategy of silkworm nibbling) and Dĩ Man Công Man (to strike barbarians by barbarians) in the Way to Build a New World Order (무왕(武王, 1738-1765) 시기 메콩 델타에서의 영토 확장 추이: 제국으로 가는 길, '잠식지계(蠶食之計)'와 '이만공만(以蠻攻蠻)'의 변주)

  • CHOI, Byung Wook
    • The Southeast Asian review
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    • v.27 no.2
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    • pp.37-76
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    • 2017
  • $Nguy{\tilde{\hat{e}}}n$ Cư Trinh has two faces in the history of territorial expansion of Vietnam into the Mekong delta. One is his heroic contribution to the $Nguy{\tilde{\hat{e}}}n$ family gaining control over the large part of the Mekong delta. The other is his role to make the eyes of readers of Vietnamese history be fixed only to the present territory of Vietnam. To the readers, $Nguy{\tilde{\hat{e}}}n$ Cư Trinh's achievement of territorial expansion was the final stage of the nam $ti{\acute{\hat{e}}n$ of Vietnam. In fact, however, his achievement was partial. This study pays attention to the King $V{\tilde{o}}$ instead of $Nguy{\tilde{\hat{e}}}n$ Cư Trinh in the history of the territorial expansion in the Mekong delta. King's goal was more ambitious. And the ambition was propelled by his dream to build a new world, and its order, in which his new capital, $Ph{\acute{u}}$ $Xu{\hat{a}}n$ was to be the center with his status as an emperor. To improve my assertion, three elements were examined in this article. First is the nature of $V{\tilde{o}}$ Vương's new kingship. Second is the preparation and the background of the military operation in the Mekong Delta. The nature of the new territory is the third element of the discussion. In 1744, six years after this ascending to the throne, $V{\tilde{o}}$ Vương declared he was a king. Author points out this event as the departure of the southern kingdom from the traditional dynasties based on the Red River delta. Besides, the government system, northern custom and way of dressings were abandoned and new southern modes were adopted. $V{\tilde{o}}$ Vương had enough tributary kingdoms such as Cambodia, Champa, Thủy $X{\tilde{a}}$, Hoả $X{\tilde{a}}$, Vạn Tượng, and Nam Chưởng. Compared with the $L{\hat{e}}$ empire, the number of the tributary kingdoms was higher and the number was equivalent to that of the Đại Nam empire of the 19th century. In reality, author claims, the King $V{\tilde{o}}^{\prime}s$ real intention was to become an emperor. Though he failed in using the title of emperor, he distinguished himself by claiming himself as the Heaven King, $Thi{\hat{e}}n$ Vương. Cambodian king's attack on the thousands of Cham ethnics in Cambodian territory was an enough reason to the King $V{\tilde{o}}^{\prime}s$ military intervention. He considered these Cham men and women as his amicable subjects, and he saw them a branch of the Cham communities in his realm. He declared war against Cambodia in 1750. At the same time he sent a lengthy letter to the Siamese king claiming that the Cambodia was his exclusive tributary kingdom. Before he launched a fatal strike on the Mekong delta which had been the southern part of Cambodia, $V{\tilde{o}}$ Vương renovated his capital $Ph{\acute{u}}$ $Xu{\hat{a}}n$ to the level of the new center of power equivalent to that of empire for his sake. Inflation, famine, economic distortion were also the features of this time. But this study pays attention more to the active policy of the King $V{\tilde{o}}$ as an empire builder than to the economic situation that has been told as the main reason for King $V{\tilde{o}}^{\prime}s$ annexation of the large part of the Mekong delta. From the year of 1754, by the initiative of $Nguy{\tilde{\hat{e}}}n$ Cư Trinh, almost whole region of the Mekong delta within the current border line was incorporated into the territory of $V{\tilde{o}}$ Vương within three years, though the intention of the king was to extend his land to the right side of the Mekong Basin beyond the current border such as Kampong Cham, Prey Vieng, and Svai Rieng. The main reason was $V{\tilde{o}}$ Vương's need to expand his territory to be matched with that of his potential empire with the large number of the tributary kingdoms. King $V{\tilde{o}}^{\prime}s$ strategy was the variation of 'silkworm nibbling' and 'to strike barbarians by barbarians.' He ate the land of Lower Cambodia, the region of the Mekong delta step by step as silkworm nibbles mulberry leave(general meaning of $t{\acute{a}}m$ thực), but his final goal was to eat all(another meaning of $t{\acute{a}}m$ thực) the part of the Mekong delta including the three provinces of Cambodia mentioned above. He used Cham to strike Cambodian in the process of getting land from Long An area to $Ch{\hat{a}}u$ Đốc. This is a faithful application of the Dĩ Man $C{\hat{o}}ng$ Man (to strike barbarians by barbarians). In addition he used Chinese refugees led by the Mạc family or their quasi kingdom to gain land in the region of $H{\grave{a}}$ $Ti{\hat{e}}n$ and its environs from the hand of Cambodian king. This is another application of Dĩ Man $C{\hat{o}}ng$ Man. In sum, author claims a new way of looking at the origin of the imperial world order which emerged during the first half of the 19th century. It was not the result of the long history of Đại Việt empires based on the Red River delta, but the succession of the King $V{\tilde{o}}^{\prime}s$ new world based on $Ph{\acute{u}}$ $Xu{\hat{a}}n$. The same ways of Dĩ Man $C{\hat{o}}ng$ Man and $T{\acute{a}}m$ Thực Chi $K{\acute{\hat{e}}}$ were still used by $V{\tilde{o}}^{\prime}s$ descendents. His grandson Gia Long used man such as Thai, Khmer, Lao, Chinese, and European to win another man the '$T{\hat{a}}y$ Sơn bandits' that included many of Chinese pirates, Cham, and other mountain peoples. His great grand son Minh Mạng constructed a splendid empire. At the same time, however, Minh Mạng kept expanding the size of his empire by eating all the part of Cambodia and Cham territories.

A study on the figurative art expression reflected on the relationship with the animal companion and the inner self - Focusing on works by Lee Heeyeong -

  • Lee, Hee-Young;Cho, Myung-Shik
    • Cartoon and Animation Studies
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    • s.42
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    • pp.293-313
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    • 2016
  • The target stimulating human's sensitivity can include several things; the first is human like us including beautiful women and cute babies. The next ranking is the dog animal that established itself as a human's companion. It is the 3B law(beauty, baby, beast - much used in the ad or election due to the positive image) that is widely used in the advertising. This relationship is being expressed in the art history for a long time. Dogs that have lived a history more than 10 thousand years with humans hunted, protected flock of sheep, and kept the farmer's house and property. They have been human's assistants and companion who entered into the modern urban culture. Like this, dogs have adapted to several situations endlessly such as the nomadic life, farming, country life, and urban life. This paper will explore the close relationship of humans and companion animals through various icons of dogs and pups that appeared through a number of artists' skills. The companion animal means an animal that lives with people, which means the relationship of round-trip rather than the one-way relation those each other gives a help. Therefore, there artist tries to examine the figure of great hunter for survival, highly evaluated figure as the royal dignity, and the mascot-like figure delivering the daily happiness to modern people as presenting joy through a discussion of the 'countenance', a visual signal of the dogs and pups. They have been influenced by screen and popular media in 20C. Snoopy, a main character of and the movie <101 Dalmatians> made a success on the theater and television when Beagle and Dalmatian were prevalent. These main characters make audience feel happy involuntarily. Like this, the continuous and old friendship of the human and dogs will be confirmed again through the icon of dogs and pups consisting of the communication of artists and readers in the modern shape art, and it is hoped to be a psychological stabilizing effect to modern people living in the intense modern society. Therefore, it is expected this study paper will be reborn as a new text and be expanded as an effective communication in the journey of dogs and human in the future in investigating the communion of dogs and human.

A Study on the Career Occupational Mobility in Korea (한국의 경력내 직업이동에 관한 연구)

  • 김병관
    • Korea journal of population studies
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    • v.20 no.1
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    • pp.97-128
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    • 1997
  • This paper was set out to study the structure of the career occupational mobility in the early and rapid phase of industrialization in Korea. By analyzing the individual life histories regarding occupational mobility and achievement, I propose a model of yearly career mobility of Korean men and Women during the period of 30 years between 1954 and 1983. With the occupational classification scheme of 5 groups - Upper Nonmanual, Lower Nonmanual, Self Employed, Manual, Farm - the mobility pattern in the person-year mobility table analyzed can be characterized primarily by the strong influence of immobility. The degree of immobility, however, is different by the occupational groups. The absolute amount of immobility can be summarized as being U-shaped. Overall, the pattern of mobility can be explained best by the concept of occupational distance. I then propose a model of relative career occupational mobility pattern that combines the conceptual and theoretical basis and the methodological rigor. The model is based on the notion of the reproduction of inequality, the labor market context, and the life history perspective. The model encompasses the 6 conceptual explanatory factors such as persistence effect, ceiling effect, traditional sector effect, nonmanual occupation effect, alternative mobility channel effect, and occupational distance effect, as well as the effects of both origin and destination occupations. The relative pattern of career mobiliity in Korea can be characterized by the following six findings. First, the persistence effect on the diagonal cells of the mobility table is dominant. Second, a clear evidence of the negative effect of occupational distance between nonmanual occupations and manual and farm occupations is found. Third, the out-mobility from farming took place regardless of the destination occupations. Fourth, the internal mobility within the nonmanual occupation block is high and bi-directional, and is exclusive against other occupations. Fifth, the 'self employed' occupation is serving a peculiar function in both inflow and outflow pattern. Last, the relative pattern of career occupation mobility is asymmetrical in terms of the upward and downward mobility.

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자녀양육비의 추정

  • 김원년
    • Korea journal of population studies
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    • v.10 no.1
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    • pp.28-38
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    • 1987
  • This paper was set out to study the structure of the career occupational mobility in the early and rapid phase of industrialization in Korea. By analyzing the individual life histories regarding occupational mobility and achievement, I propose a model of yearly career mobility of Korean men and Women during the period of 30 years between 1954 and 1983. With the occupational classification scheme of 5 groups - Upper Nonmanual, Lower Nonmanual, Self Employed, Manual, Farm - the mobility pattern in the person-year mobility table analyzed can be characterized primarily by the strong influence of immobility. The degree of immobility, however, is different by the occupational groups. The absolute amount of immobility can be summarized as being U-shaped. Overall, the pattern of mobility can be explained best by the concept of occupational distance. I then propose a model of relative career occupational mobility pattern that combines the conceptual and theoretical basis and the methodological rigor. The model is based on the notion of the reproduction of inequality, the labor market context, and the life history perspective. The model encompasses the 6 conceptual explanatory factors such as persistence effect, ceiling effect, traditional sector effect, nonmanual occupation effect, alternative mobility channel effect, and occupational distance effect, as well as the effects of both origin and destination occupations. The relative pattern of career mobiliity in Korea can be characterized by the following six findings. First, the persistence effect on the diagonal cells of the mobility table is dominant. Second, a clear evidence of the negative effect of occupational distance between nonmanual occupations and manual and farm occupations is found. Third, the out-mobility from farming took place regardless of the destination occupations. Fourth, the internal mobility within the nonmanual occupation block is high and bi-directional, and is exclusive against other occupations. Fifth, the 'self employed' occupation is serving a peculiar function in both inflow and outflow pattern. Last, the relative pattern of career occupation mobility is asymmetrical in terms of the upward and downward mobility.

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New attempt on the Autonomous Vehicles Act based on criminal responsibility (자율주행자동차 사고시 형사책임에 따른 '자율주행자동차의 운행과 책임에 관한 법률안' 시도)

  • Lee, Seung-jun
    • Journal of Legislation Research
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    • no.53
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    • pp.593-631
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    • 2017
  • Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

Consideration II of Traditional Recognition on Origin of the Han River and Oriental View Point of Water - Centering on Buddhist Idea - (동양사상에서의 물에 대한 관점과 한강의 시원에 관한 전통인식 고찰 II - 불교사상을 중심으로 -)

  • Youm, Jung-seop
    • Journal of Korean Philosophical Society
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    • v.117
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    • pp.191-222
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    • 2011
  • Traditionally, the origin of the Han River has been thought as Utongsu(于筒水) and Geumgangyeon(金剛淵). As both of these places are located in Odaesan(五臺山) the $Ma{\tilde{n}}ju{\acute{s}}ri$(文殊) Holy Place, we can well assume the possibility of Buddhist influence on them. In the Buddhist understanding on the origin of the Han River, what we should first notice are 'the recognition on the water of Buddhism' and 'the recognition on the river in Indian culture.' With the reviews, we may come to see by what standpoint these could become existed, if there were Buddhist influences on the recognition of Han River's origin. Based on these Buddhist and Indo-cultural view points, the author tries to make more dearly the definition of Utongsu and Geumgangyeon that are recognized as the origin of the Han River. Through it, we can check the relation of Buddhism and Indian culture in their influence on the concepts of Utongsu and Geumgangyeon. In Indian culture, what is noticed in relation with the origin of the river is Anavatapta, in which the sacredness of the water named the 8 virtuous waters is recorded. It is the materialistic sacredness which can be compared with the sacred feature of Utongsu that "its color and taste are far greater than other waters, and so is its weight. ${\cdots}$ Its color and taste do not change even after it flows into the Han River." Furthermore, both of Anavatapta and Utongsu have the same symbolism of dragon that the highest dragon king and a divine dragon were told to live in respective lakes. This similar structure found in the recognition of two rivers' origin may become an evidence of Buddhist influence on the recognition of the Han River's origin. The recognition of the Han River's origin is based on the traditional culture. Therefore, it may be natural that there is the Buddhist culture in it. At the same time, some viewpoints of Chinese culture can be found in it. So, the traditional recognition on the Han River's origin comprises diversity and complexity of Indian and Chinese cultures together.

The Literary Discourse of Media Published in the Gaebyeoksa and Medium Topography of Colonial Chosun (1930년대 개벽사 발간 잡지의 문예 담론과 식민지 조선의 매체 지형 - 『혜성』(1931~32), 『제일선』(1932~33), 속간 『개벽』(1934~35)을 중심으로 -)

  • Kang, Yong Hoon
    • Cross-Cultural Studies
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    • v.51
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    • pp.291-327
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    • 2018
  • 'Hyesung' and 'Jeilsun' are media that reveal the new searches of the Gaebyeoksa Publishing Company of the 1930s. However, studies in the past did not sufficiently analyze their significance. Furthermore, there are no analyses on how the critical minds of 'Hyesung' and 'Jeilsun' were linked to 'Gaebyeok', which continued publications in 1934. The 1930s when 'Hyesung' and 'Jeilsun' were published, was a time where the media of colonial Chosun was rapidly changing, and it was a time where literary magazines were increasing in quantity. In the 1930s, Gaebyeoksa attempted to actively respond to such changes reflected in the media. This was demonstrated through the publication of the new media 'Hyesung' and 'Jeilsun' and continuing publication of the 'Gaebyeok' magazine in 1935. This study analyzed the literary discourses shown in the magazines published by Gaebyeoksa in the 1930s based on 'Hyesung', 'Jeilsun', and the continued publication of 'Gaebyeok'. Through such analysis, this study examined how the magazines published by Gaebyeoksa perceived the culture and literature of colonial Chosun in the 1930s and in which direction it tried to reorganize this.

A Comparative Study of the House Spirit Belief between the Tungus and Korea (한민족과 퉁구스민족의 가신신앙 비교 연구)

  • Kim, In
    • Korean Journal of Heritage: History & Science
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    • v.37
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    • pp.243-266
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    • 2004
  • This paper is based on fieldwork conducted from July 6, 2003 to July 24 of 2003 among the Tungusgroups Hezhe, Daur, Oloqun, Owenke, and Mongolian in the areas of Heilongjiang and Inner Mongolia Provinces. Recognizing the need for more in-depth study among these groups, the present research shows that the Tungus people are archeologically, historically, and linguistically different from Korean Han ethnic group and challenges the link between Korean and Tungus groups since the Bronze Age. The comparison between the "House Spirit" belief of the Tungus people and Koreans reveals certain commonalities in the "Maru," "Kitchen," and "Samshin Spirit" practices. There are two possible reasons for such commonalities. Historically, the Korean Han ethnic group and the Tungus people were geographically intimate, and contact or transmission between the two groups occurred naturally. Also, immigration of refugees from the fallen Koguryo and Puyo to the Tungus region added another dimension of cultural contact. In contrast to the common features shared between the two groups, there also exists differences between the two groups House Spirit blief. The Korean Han group's "House Spirit" belief is based on the agricultural practices that separates the inside sacred and outside secular world of the houses, whereas the Tungus ethnic group's "House Spirit" belief is based on mobile herding life style with a less distinction between in and outside of house. Additionally, each Korean "House Spirit" has its own distinctive personality, and each spirit is placed and worshipped according to its function. In the Tungus group, all the "House Spirits" are located and worshipped in "malu," and some of the spirits are non-conventional house spirits. Moreover, Korean "House Spirits" form a kinship structure, placing Songju, the highest spirit, at the center. In the Tungus practice, such structure is not found. The tight cohesive family formation among the house spirits in the Korean "House Spirit" belief is also the most distinctive feature in its comparison with Chinese belief. In China, the highest spirit is Jiang Taigong or Qiwu, and the house spirits do not have kinship relations. Korean's Outhouse Spirit and Chowangshin are related to the Han Chinese's counterpart on certain levels? however, their basic structures are different. It is clear that the correlation of "Malu" "Chowangshin" and "Samshin" between Korea and Tungus indicate important role of Tungus cultural elements within Korea's "House Spirit" belief.

Study on the Organization of Government-managed Constructions at Dongnae Province in the 19c (19세기 동래 지역의 관영공사조직에 관한 연구)

  • Kim, Sook kyung
    • Korean Journal of Heritage: History & Science
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    • v.39
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    • pp.165-189
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    • 2006
  • The purpose of this study is to examine process and organization of local government-managed construction by reviewing official documents and materials in regard to the official residences and castles officially constructed in Dongnae in the 19c Chosun Dynasty. Results of this study can be described as follows. 1) The construction of official residences requires exchanges of official documents among upper and lower governmental agencies concerned. Previously prepared for some 1 or 2 months, the construction was proceeded through proceeded from Paok to Gaegi, Ipju, Sangryang, Gaeok and to Iptaek. Such construction was carried out independently and concurrently Gijang and Yangsan neighboring Dongnae provided cooperation by way of supplying labor and timbers. 2) Dongnaebu castle was constructed under local autonomy system, like other government-oriented works, as governor of Dongnae became responsible for defending such establishment in 1739. The castle was built up in 1731 as an establishment with 6 gated and 15 forts. Directly controlled by governor of Dongnae, the castle continued to be partially repaired until the 19th century. Under the regime of Daewongun, the castle was enlarged and extended for military strengthening. Besides the gate having double-gated structure for the outside wall, the other five gates came to have bastions and 30 forts were additionally established, dramatically changing the structure of the castle as whole. 3) Government-managed construction was often implemented by an organization whose members included local government officials, lower administrative agencies and local influential persons. The construction of official residences was implemented by Gamyeokdogam which was headed by Jwasu of Hyangcheong. In the construction, chief of military officials became supervisor, who was responsibly supported by Saekri. The construction of castled were divided into several works, for example, establishments of fortress, tower gate and quarrying stone were implemented by the organization of Paejang, Gamkwan and Saekri. As a military official, Gamkwan supervised the construction. Saekri was in charge of related internal affairs. Paejang was an technical expert leading several workers. The construction of castles in 1870 were organized as a general rule having particularity of social conditions on Dongnae.