• Hwankyungkyoyuk
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• v.5 no.1
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• pp.112-137
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• 1993

As the concern with the creation of environmental problems and regulations about them becomes internationally growing, environmental cooperations with countries concerned are emerging as the first item on the political agenda. In case of South Korea, cooperations with countries in the Asian region is needed urgently. In particular, cooperations with North Korea will be an important factor to reunify the Korean peninsula as well as to solve environmental problems in South Korea. Accordingly, it is necessary to seek feasible alternatives and possibilities of coping with international environment in South and North Korea. This study is limited to literature study based on collecting materials and the testimony of former residents in North Korea. The period of study ranges from May to December in 1992. The research findings show the following environmental problems and alternatives : It is recognized in South Korea that the creation of environmental problems is product of economic development. Currently, the Korean government makes an effort to revise environmental administration and law, to encourage environmental education, and to proceed with environmental technology policies by establishing environmental policies together with economic development plans. North Korea ascribes the cause of environmental problems to colonial exploitation by Japan and the U.S. Environmental pollutants in North Korea is relatively less than South Korea, provisions such as environmental conservation movement, environmental education, and environmental administration and law are not well organized in the country. However, North korea will speed up its economic development to solve economic crises. Therefore, it is expected that industrial wastes, corrosion of nature, and water pollution will result in serious environmental problems. The fields expected to cooperate with South and North Korea are in the following : South Korea may adopt the model of the former East and West Germany and proceed to cooperate with North Korea in public sector as well as private sector. The possible programs are such as academic exchange to conserve environment, joint research in the area of the Demilitarized Zone, conservation of ecosystems around Imjin and Pukhan Rivers, South Korea's support of advanced environmental technology and industrial and financial aid to North Korea. Conflicts between countries concerned in the North East Asian region will be caused by the responsibilities of pollutions because of the seashore development of the Yellow Sea by South Korea and increasing seashore industrial complexes around the Yellow Sea in China, Therefore, it is desirable that the two countries will participate in organizations related to environment. Joint projects between South and North Korea will be as follows : 1. Construction of long-range monitoring system : 2. Investigation of the state of pollutions around the Yellow Sea and alternatives : 3. Construction of joint monitoring system to regulate the movement of pollutants : 4. Cooperation of environmental technology and exchange of information ; and 5. Support of Cooperation of environment in private sector. Efforts to cooperate with North korea is expected to overcome differences between the two countries as well as to encourage unification of the korean peninsula, which will lead to reducing the cost of environmental recovery. These efforts will also contribute to the maintenance for peace and stability on the korean peninsula as well as in the North East Asian region.

• Journal of Legislation Research
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• no.53
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• pp.109-147
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• 2017

North Korean defectors had left North Korea often to escape from food shortages in the mid-1990s. Since the 2000s, the reasons of their flee from North Korea have more resulted from their exposure to external information, and a desire for democracy and freedom. However, North Korean defectors living in China are not recognized as refugees and thus subject to various human rights violations including forced repatriation. It needs to be thought that wether North Korean defectors who escape from North Korea are political refugees under international law. If they are not recognized as refugees in their new countries, it is imperative to consider a possible way to protect their human rights under international law. The problem of recognition of the refugee status of a person is a matter of involving the sovereignty of individual countries, however, the Convention Relating to the Status of Refugees should provide protection of their unique rights, as recognizes by the UNHCR, and their status should be treated as a refugees issue in a broad sense. In the future, it is a necessary to establish international solidarity among individual countries, the UN General Assembly, the decisions of the Human Rights Council and support of UNHCR, to anticipate the need for the refugee recognition and the protection of International Human Rights in preparation for possible mass defections and refugees from North Korea.

• Journal of Korea Port Economic Association
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• v.32 no.2
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• pp.73-90
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• 2016

In Climate change is a global issue that requires global responses. As a key factor in climate change, greenhouse gas (GHG) emissions have attracted increasing attention the international community. One of the crucial global efforts to alleviate climate change is the establishment of an international climate change regime, comprising rules, norms, principles, procedures that are applicable to a wide range of activities. The International Maritime Organization (IMO) received a mandate from the Kyoto Protocol to regulate shipping GHG emissions. However, the IMO Convention and the UN Convention on the Law of the Sea also provide regulations on regarding GHG emissions. To execute its mandate, the IMO has developed various regulatory initiatives. In addition, the Chinese government has declared new regulations which designate parts of its coastal waters as emission control areas (ECA). Owing to the growing recognition of the benefits of ECA, ships, including ocean-going vessels that operate in areas near the Pearl River Delta, Yangtze River Delta, and the Bohai Sea will be obliged to use fuel containing less than 0.5% sulfur. China's shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This study analyzed the GHG mandates of the IMO and the Chinese government, and then examines the main outcomes that have been achieved.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.127-150
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• 2020

A Basic Plan for the Promotion of Space Development (hereinafter referred to as "basic plan"), which prescribes mid- and long-term policy objectives and basic direction-setting on space development every five years, is one of the matters to be deliberated by the National Space Committee. Confirmed February 2018 by the Committee, the 3rd Basic Plan has a unique matter, compared to the 2nd Basic Plan. It is to construct "Korean Positioning System(KPS)". Almost every country in the world including Korea has been relying on GPS. On the occasion of the shooting down of a Korean Air flight 007 by Soviet Russia, GPS Standard Positioning Service has been open to the world. Due to technical errors of GPS or conflict of interests between countries in international relations, however, the above Service can be interrupted at any time. Such cessation might bring extensive damage to the social, economic and security domains of every country. This is why some countries has been constructing an independent global or regional satellite navigation system: EU(Galileo), Russia(Glonass), India(NaVic), Japan(QZSS), and China(Beidou). So does South Korea. Once KPS is built, it is expected to make use of the system in various areas such as transportation, aviation, disaster, construction, defense, ocean, distribution, telecommunication, etc. For this, a pan-governmental governance is needed to be established. And this governance must be based on the law. Korea is richly experienced in developing and operating individually satellite itself, but it has little experience in the simultaneous development and operation of the satellites, ground, and users systems, such as KPS. Therefore we need to review overseas cases, in order to minimize trial and error. U.S. GPS is a classic example.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.38 no.4
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• pp.49-57
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• 2020

Traditional landscape is a cultural asset left by Seonhyeon to modern society, and it can not only understand the landscape culture of ancient tradition but also provides / provided a new creative material for modern landscape designs / designed. However, it is well known that Korea and China have a relationship between the development and exchange of landscaping in a global background, the succession of traditional landscape architecture culture in a global background covers many dimensions, including protection, development and innovation, and that "traditional and modern" and "regionally and internationality" should be harmonized with each other. This study uses traditional Korean and Chinese landscaping buildings as research subjects to extract and organize related data through various channels, including basic literature research that understands the history and culture of the two countries. I interpreted the cultural backgrounds of the two countries by dividing them into religious ideas, traditional culture, and natural views, and highlighted the history of development and the relationship between the two countries. Based on this, it analyzed the differences created by traditional landscaping between Korea and China, and also specifically analyzed the "creation of righteous army" and "the law of righteous army." In particular, this study sought to inherit and innovate traditional landscape culture for the internationalization of "One Belt, One Road" based on the characteristics of Korea and China's landscape through a comparative analysis of the construction elements and methods of Yihwawon of the Ming and Qing periods and Gyeongbokgung Palace of the Joseon Dynasty on the theoretical background of landscaping and the significance of landscaping. The direction for the development and exchange with landscaping between the two countries was presented in line with the development trend of Korea-China landscaping in the global environment. In the future, the development of landscaping between the two countries is expected to be key to international cooperation in traditional culture, creative combination of local characteristics, creation of a harmonious landscape architecture environment, and co-prosperity of various cultures.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.211-241
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• 2012

The Draft International Code of Conduct for Outer Space Activities officially proposed by the European Union on the occasion of the 55th Session of the United Nations Peaceful Uses of the Outer Space last June 2012 in Vienna, Austria is to fill the lacunae of the relevant norms to be applied to the human activities in the outer space and thus has the merit our attention. The missing elements of the norms span from the prohibition of an arms race, safety and security of the space objects including the measures to reduce the space debris to the exchange of information of space activities among space-faring nations. The EU's initiatives, when implemented, cover or will eventually prepare for the forum to deal with such issues of interests of the international community. The EU's initiatives begun at the end of 2008 included the unofficial contacts with major space powers including in particular the USA of which position is believed to have been reflected in the Draft with the aim to have it adopted in 2013. Although the Code is made up of soft law rather than hard law for the subscribing countries, the USA seems to be afraid of the eventuality whereby its strategic advantages in the outer space will be affected by the prohibiting norms, possibly to be pursued by the Code from its current non-binding character, of placing weapons in the outer space. It is with this trepidation that the USA has been opposing to the adoption of the United Nations Assembly Resolutions on the prevention of an arms race in the outer space (PAROS) and in the same context to the setting-up of a working group on the arms race in the outer space in the frame of the Conference on Disarmament. China and Russia who together put forward a draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects (PPWT) in 2008 would not feel comfortable either because the EU initiatives will steal the lime light. Consequently their reactions are understandably passive towards the Draft Code while the reaction of the USA to the PPWT was a clear cut "No". With the above background, the future of the EU Code is uncertain. Nevertheless, the purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security, all to maximize the principle of the peaceful use and exploration of the outer space is the laudable efforts on the part of EU. When the detailed negotiations will be held, some problems including the cost to be incurred by setting up an office for the clerical works could be discussed for both efficient and economic mechanism. For example, the new clerical works envisaged in the Draft Code could be discharged by the current UN OOSA (Office for Outer Space Affairs) with minimal additional resources. The EU's initiatives are another meaningful contribution following one due to it in adopting the Kyoto Protocol of 1997 to the UNFCCC (UN Framework Convention on the Climate Change) and deserve the praise from the thoughtful international community.

• Journal of Distribution Research
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• v.17 no.3
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• pp.1-24
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• 2012

Franchises have recently emerged as the most rapidly expanding industry positioned to create a large impact in the domestic economic. The Chinese franchise industry developed rapidly in the period prior and subsequent to WTO accession with more than 50% of new franchises brands emerging since 2000. M&A transactions in the Chinese franchise industry have progressed actively. In the period from 2005-2007, due to the wholesale and retail market opening in accordance with the guidelines laid forth within the MOU by the WTO the Chinese franchise market is now the largest market in the world all despite a short history of only 20 years. The amount of franchise market research on China is disproportional to its current size and development potential. Beginning in the 1990s, market research conducted by the International Franchise Association focused on emerging markets in Eastern Europe and China. While the research dealt with the Chinese investment environment, it insufficiently explained the market region and cultural environment. The purpose of this research is (i) to investigate the determinants of the performance of franchise systems in China and (ii) new contract renewals based on performance factors. This study will complement existing research in terms of the franchisee perspective. This study may also prove of the benefit to the franchise companies entering the Chinese franchise market enabling them to develop an effective strategy. This study shows that support, incentives, and system standardization by franchisor yielded a positive effect on management performance. This is consistent with previous studies by Shin (2000) and Kim (2008) targeting Korean franchises. Therefore, in the Chinese market, the franchisor must focus on support, incentives, and system standardization rather than concentrate only on the recruitment of franchisees in order to improve revenue. Hypotheses regarding franchisor control have been dismissed in existing research, in the opinion of this study, due to their complexity and inability to control the merchant as a one-kind-assessment-standard. Our findings show that the franchisees' financial condition, management ability and entrepreneurial spirit, among franchisee's characteristics, have a positive effect on franchisor's business performance and satisfaction for the franchisee. This is consistent with previous studies on headquarters' management performance of Lussier (1996), Heo and Jang (2008), and franchisees' financial condition, management ability and entrepreneurial spirit effect on franchisor's satisfaction of Weaven and Franzer (2007), Kim (2009), Han (2009), and Yoon etc. (2008). Therefore, when permitting a franchisee, financial condition, management ability, entrepreneurship of the franchisee should be carefully considered. Among relational factors between franchisor and franchisee, trust has the positive influence on the management performance of the franchisor while conflict has a negative effect. However, trust, commitment and conflict factors have been shown not to have any impact on the satisfaction of the franchise headquarters. This result is consistent with the previous studies of Pavlou and Ba (2000), Morrison (1999), Weaven and Frazer (2007), Kim and Park (1994), Sohn (2007) which show that trust between franchisor and the franchisees have a positive effect and that conflict has a negative impact on franchisor's management performance. Other factors causing a negative effective on the franchisor's management performance are a rapid environmental changes and uncertainty in the business. This is consistent with Campbell et al (2007), Kim and Kim (2009), Han and Baek (2008). Finally, the high management performance and satisfaction of the franchise headquarters has a positive effect on the intention of franchise renewal. In the case of large markets such as China, the franchisor's strategy and the role is very important. In this study, we also investigated the characteristics of franchisor and franchisee, relationship, and environmental uncertainty affecting on the management performance and satisfaction of franchisor. Recently, Korean franchises are attempting to enter foreign markets through the rise in popularity of Korean culture and entertainment commonly referred to as the Korean wave. This study provides recommendations for Korean franchises intending on entering the Chinese market. First, in order to achieve stable profits, the franchise corporation needs to support the operation of the individual franchisee through incentives and standardization of services. Second, because trust between the franchisor and franchisee has a positive effect on management performance, on-going discussion and cooperation is necessary to reduce the level of conflict.

• The Journal of the Korea Contents Association
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• v.19 no.9
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• pp.629-636
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• 2019

In order to infer whether the Special Act on the Punishment of Child Abuse Crimes, etc. actually brought about a change in the social perception shared about child abuse in our society, we used big data to examine the change in the perception of child abuse by the public. This study selected 'child abuse' as the keyword and collected and analyzed. The results of this study are as follows. First, before the implementation of the Special Act in 2013, the words "china" are kindergarten, teacher, body, problem, reporting obligation and neglect compared to the following. After the implementation of the special law, daycare centers, incidents, eradication, campaigns, domestic violence and preventive education were newly introduced. Second, the interconnection of key words in the previous picture of 2013 shows that the left group focuses on measures to introduce to prevent child abuse while the right group consists of keyword intended to view child abuse in conjunction with domestic violence. They are still seen as a group of divorces, discipline, neglect and parental education, which they still perceive as a family problem. Since the implementation of the Special Act in 2013, it will be divided into four groups, and the top group will be highlighted by the keyword related to child abuse cases, part of suspected cases and awareness of child abuse. In addition, the Act on the Special Cases of Child Abuse and the Child Protection Agency clearly appear as a child protection system.

• The Journal of the Korea Contents Association
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• v.15 no.7
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• pp.368-378
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• 2015

As PPL has become available since the proposal of the revised enforcement ordinances of the Broadcast Law in January 2010, not only PPL has become increased in its quantity but its method has also become diversified gradually. However, there are problems in institutional and policy aspects in order to realize its potentials, and it needs to be reviewed more concretely. Consequently, the study aims to provide domestic PPL activation plans by the research of domestic and international PPL regulations PPL market situation was examined preferentially, and then Korean PPL market situation was compared to foreign countries' counterpart. In order that, PPL regulation plan of US, Japan, China, and other major Europe countries were compared to Korean's one. The problems and issues related to PPL regulation was also looked into, and practical PPL regulation plan was researched. According to that, improvement plan of PPL regulation and methodology to revitalize PPL in respect of business and government were suggested