• Journal of Korean Society of Archives and Records Management
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• v.3 no.1
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• pp.159-184
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• 2003

In this research the issues of record management of national archives in Korea are classified into four categories: 1) improving the status of the Central Archives of Korea, 2) constructing a new national archives, 3) revising the law on the record management, 4) creating qualifications for a professional administrator for Archivist. 1) In order to strengthen the function of the Central Archives of Korea, it is very urgent to create a systematic mechanism in which the Central Archives oversees and administers public archives(documents) collected from all the public institutions not only under the Administration but also the legislature and the judicial authorities. 2) This paper suggests that a new National Archives should be a symbolic building representing Korea as archives. Considering the fact that Presidents archives will be a part of this new National Archives, it also suggests that artistic and decorative pieces which embody Korea's representative archives or people should be included in the building. The budget for these should be supplied by the government. 3) This paper looks at the matter of revising the law on Record Management in two respects: (1)strengthening the function of the Central Archives of Korea, (2)making it obligatory to produce archives not open to the public, or making a protection clause for secret archives. This paper proposes that the Central Archives of Korea will be able to collect all the public archives from all the public institutions, and to oversee and administer them by revising the 5th and 6th clauses of the current law on the record management. It also proposes that some laws which make it obligatory to produce archives for documents not open to the public, and which protect those secrecy. 4) Regarding the qualifications for a professional administrator for the record management, this paper suggests lowering the qualification a little to the bachelor's degree of the record management. Also it suggests taking into consideration the persons in charge of the record management in public institutions and acknowledging their qualifications after a certain period of training at the Central Archives of Korea or something like that. In addition, it classifies the ranks of the professional administrators according to their qualifications.

• Journal of Korean Society of Archives and Records Management
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• v.3 no.1
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• pp.129-140
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• 2003

The ultimate goal of preserving and maintaining the records is to use them practically. The effective use of records should be supported by the reasonable recordskeeping systems and access standards. In this report, I examined the Korean laws and administrative systems related to the public records access issues. After I pointed out major problems of the access laws, the Government Information Opening Act (GOIA), and the problems in practices, I suggested some alternatives for the betterment of the access system. The GIOA established "eight standards of exemption to access" not to open some information to protect national interests and privacy. The Public Records Management Act (PRMA) applies to the archives transferred to "professional archives." The two laws show fundamental differences in the ways to open the public records to public. First, the GIOA deals with the whole information (the records) that public institutions keep and maintain, while the PRMA deals with the records that were transferred to the Government Archives. Second, the GIOA provides with a legal procedure to open public records and the standards to open or not to open them, while the PRMA allows the Government Archives to decide whether the transferred records should be opened or not. Third, the GIOA applies to record producing agencies, while the PRMA applies to public archival institutions. One of the most critical inadequacies of the PRMA is that there are no standards to judge to open the archives through reclassification procedure. The GIOA also suggests only the type of information that is not accessible. It does not specify how long the records can be closed. The GARS does not include the records less than 30 years old as its objects of the reclassification. To facilitate the opening of the archives, we need to revise the GIOA and the PRMA. It is necessary to clearly divide the realms between the GIOA and the PRMA on the access of the archives. The PRMA should clarify the principles of the reclassification as well as reclassifying method and exceptions. The exemption standards of the GIOA should be revised to restrict the abuse of the exemption clauses, and they should not be applied to the archives in the GARS indiscreetly and unconditionally.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.125-147
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• 2009

The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.63-96
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• 2013

Recently, U.S. Department of Transportation (DOT) expanded the "Enhancing Airline Passenger Protections" on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows: First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open. Second, carriers now must adopt a "Customer Service Plan" that addresses offering customers the lowest fares available, notifying customers about delays, cancellations, and diversions; timely delivery of baggage; accommodating passengers' needs during tarmac delays and in "bumping cases"; and ensuring quality customer service. Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer. Similarly, Korea revised the passenger protection clauses within Aviation Act. However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.135-167
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• 2006

Air service agreements between EU Member States and third countries concluded by Sweden, Finland, Belgium, Luxembourg, Austria, the Netherlands, Denmark and the United Kingdom after the Second World War infringe EU law. They authorize the third countries to withdraw, suspend or limit the traffic rights of air carriers designated by the signatory States. According to the Court of Justice of the European Communities (CJEC), these agreements infringe EU law in two respects. On the one hand, the presence of nationality clauses infringes the right of European airlines to non-discriminatory market access to routes between all Member States and third countries. On the other hand, only the EU has the authority to sign up to this type of commitment where agreements affect the exercise of EU competence, i.e. involve an area covered by EU legislation. The Court held that since the third countries have the right to refuse a carrier, these agreements therefore constitute an obstacle to the freedom of establishment and freedom to provide services, as the opening of European skies to third countries' companies is not reciprocal for all EU airlines. In the conclusion, in order to reconstruct these public international air law, The new negotiations between EU member states and third countries, especially the US, must be designed to ensure an adequate set of principles, so that Member States, in their bilateral relations with third countries in the area of air service, should consider following three models. The 1st, to develop a new model of public international air law such as a new Bermuda III. The 2nd, to reconstruct new freedoms of the air, for example, the 7th, 8th, and 9th freedoms. The 3rd, to explore new approaching models, such as complex system theory explored in the recent social sciences, to make access world-wide global problems instead of bilateral problems between EU member states and United States. The example will show any lessons to air talks between European Union and ROK.

• Korean Journal of Heritage: History & Science
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• v.53 no.2
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• pp.156-179
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• 2020

The Preservation Decree (1933) is the basic law relevant to the conservation of cultural property of colonial Chosun, and invoked clauses from the Old History Preservation Act (1897), the Historic Scenic Sites Natural Monument Preservation Act (1919), and the National Treasure Preservation Act (1929), which were all forms of Japanese Modern Cultural Heritage Law, and actually used the corresponding legal text of those laws. Thus, the fact that the Preservation Decree transplanted or imitated the Japanese Modern Cultural Heritage Law in the composition of the constitution can be proved to some extent. The main features and characteristics of the Preservation Decree are summarized below. First, in terms of preservation of cultural property, the Preservation Decree strengthened and expanded preservation beyond the existing conservation rules. In the conservation rules, the categories of cultural properties were limited to historic sites and relics, while the Preservation Decree classifies cultural properties into four categories: treasures, historic sites, scenic spots, and natural monuments. In addition, the Preservation Decree is considered to have advanced cultural property preservation law by establishing the standard for conserving cultural property, expanding the scope of cultural property, introducing explicit provisions on the restriction of ownership and the designation system for cultural property, and defining the basis for supporting the natural treasury. Second, the Preservation Decree admittedly had limitations as a colonial cultural property law. Article 1 of the Preservation Decree sets the standard of "Historic Enhancement or Example of Art" as a criteria for designating treasures. With the perspective of Japanese imperialism, this acted as a criterion for catering to cultural assets based on the governor's assimilation policy, revealing its limitations as a standard for preserving cultural assets. In addition, the Japanese imperialists asserted that the cultural property law served to reduce cultural property robbery, but the robbery and exporting of cultural assets by such means as grave robbery, trafficking, and exportation to Japan did not cease even after the Preservation Decree came into effect. This is because governors and officials who had to obey and protect the law become parties to looting and extraction of property, or the plunder and release of cultural property by the Japanese continued with their acknowledgement,. This indicates that cultural property legislation at that time did not function properly, as the governor allowed or condoned such exporting and plundering. In this way, the cultural property laws of the Japanese colonial period constituted discriminative colonial legislation which was selected and applied from the perspective of the Japanese government-general in the designation and preservation of cultural property, and the cultural property policy of Japan focused on the use of cultural assets as a means of realizing their assimilation policy. Therefore, this suggests that the cultural property legislation during the Japanese colonial period was used as a mechanism to solidify the cultural colonial rules of Chosun and to realize the assimilation policy of the Japanese government-general.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.197-225
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• 2015

The presentation of this paper was triggered by the spread of MERS in Korea in the year 2015. The analysis of the present acts related with MERS is necessary in order to cope efficiently with any probable spread of such infectious diseases as MERS in future. The acts that should be analyzed in this paper include 'Medical Service Act' and 'Infectious Disease Control And Prevention Act' (hereafter, IDCAPA). At first the classification of the infectious diseases in IDCAPA should be referred to. The Act does not properly classify them because the scope of concept of each group of the infectious diseases overlaps each other. This overlap should be removed. The present system in IDCAPA is not proper for the efficient notification and reporting of the infectious disease patients. This is so in some viewpoints including the persons obligated to make the notification and reporting, the persons to whom they should notify and report such patients, and the process of notification and reporting. The efficient approach to the information related with the infectious disease is necessary for the rapid prevention of its spread. Cohort isolation and quarantine of the infectious patients and exposed contacts are the strongest and most efficient steps for the prevention of spread of the infectious diseases. One of the great problems related with such steps would be the conflict of powers or attributions, the likelihood of which is inevitable under the present system of IDCAPA. The IDCAPA distributed the power or attribution to take the steps to the three governments including the central government, the metropolitan government and the primary local government. The power should be concentrated in the central government, which could afford financially to compensate for the huge amount of damages caused likely by the steps. The power to take the steps would be actually just a useless thing for its holder without such financial capacity. The remedy for the victims by the fault of spreader should be approached to in the sense of national wealth. The general principle of tort law could not supply the victims with the sufficient remedy because the damages would be likely too huge for the wealth of such spreader to cope with. In future another parliamentary inspection could reveal another problems in the administration by the government of the MERS event in the year 2015. Any problem caused by defect in the legal system of the control and prevention of the infectious diseases should be taken into consideration when the legal system would be reformed in future.

• Cross-Cultural Studies
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• v.53
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• pp.163-192
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• 2018

The purpose of this paper was to examine universal dependency UD application cases of Korean and Japanese with similar morphological characteristics. In addition, UD application and improvement methods of Korean were examined through comparative analysis. Korean and Japanese are very well developed due to their agglutinative characteristics. Therefore, there are many difficulties to apply UD which is built around English refraction. We examined the application of UPOS and DEPREL as components of UD with discussions. In UPOS, we looked at category problem related to narrative such as AUX, ADJ, and VERB, We examined how to handle units. In relation to the DEPREL annotation system, we discussed how to reflect syntactic problem from the basic unit annotation of syntax tags. We investigated problems of case and aux arising from the problem of setting dominant position from Korean and Japanese as the dominant language. We also investigated problems of annotation of parallel structure and setting of annotation basic unit. Among various relation annotation tags, case and aux are discussed because they show the most noticeable difference in distribution when comparing annotation tag application patterns with Korean. The case is related to both Korean and Japanese surveys. Aux is a secondary verb in Korean and an auxiliary verb in Japanese. As a result of examining specific annotation patterns, it was found that Japanese aux not only assigned auxiliary clauses, but also auxiliary elements to add the grammatical meaning to the verb and form corresponding to the end of Korean. In UD annotation of Japanese, the basic unit of morphological analysis is defined as a unit of basic syntactic annotation in Japanese UD annotation. Thus, when using information, it is necessary to consider how to use morphological analysis unit as information of dependency annotation in Korean.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.61-114
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• 2018

Recently airspace became a hot issue considering today's international relations. However, there was no data that could be fully explained about a legal system of korean airspace, so I looked at law and practice about korean airspace together. The nation's aviation law sector is comletely separate from those related to civil and military aircraft, at least in legal terms. The Minister of Land, Infrastructure and Transport shall carry out his/her duties with various authority granted by the "Aviation Safety Act". The nation's aviation-related content is being regulated too much by the Ministry of Land, Infrastructure and Transport's notice or regulation, and there are many things that are not well known about which clauses of the upper law are associated with. The notice should be clearly described only in detail on delegated matters. As for the airspace system, the airspace system is too complex for the public to understand, and there seems to be a gap between law and practice. Therefore, I think it would be good to reestablish a simple and practical airspace system. Airspace and aviation related tasks in the military need to be clearly understood by distinguishing between those entrusted by the Minister of Land, Infrastructure and Transport and those inherent in the military. Regarding matters entrusted by the Minister of Land, Infrastructure and Transpor, it is necessary to work closely with the Minister of Land, Infrastructure and Transport when preparing related work guidelines, and to clarify who should prepare the guidelines. Regarding airspace control as a military operation, policies or guidelines that are faithful to military doctrine on airspace control are needed.

• Korean Journal of Heritage: History & Science
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• v.37
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• pp.121-150
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• 2004

As genre of Buddhist paintings that express generally mountains and waters, there are Eight Scenes from Life of the Buddha(八相圖), Eternal Life Painting(甘露圖), Avalokitesvara Painting(觀音菩薩圖) includes Sixteen Lohans painting(十六羅漢圖), and Hermit Painting(獨聖圖), or Mountain God Painting(山神圖) which is especially appeared in late Chosun Period. These Buddhist paintings had various backgrounds including mountains and waters, the tradition of Water Ink Painting still remains after 18th century, however the trends got complicated to express various landscapes including splendid color, waters and mountains, and it appeared to have historical trend with introduction of factors of Minhwa(民畵) so called in 19th century. Sixteen Lohans painting painted from late 19th to early 20th century, still contains the traditional factors in terms of describing background among above trends, however the main factors of expressing the background are different from other Buddhist painting which reflects historical art trends in colors and its materials by drawing various background distinctively. That is, Sixteen Lohans painting is distinct at describing the background of blue & green colored mountains and waters that is appeared in trend of Minhwa(民畵) and the royal which were popular at that time It also shows broad acceptance with introduction of new background expressions such as Sipjangsang(十長生, Picture of 10 different things of Sun, Mountain, Water, Stone, Cloud, Pine, Plant of eternal youth, tortoise, Crane, and deer to hope the eternal life) Unryoung(雲龍, Dragon Cloud), Mangho(猛虎, Wild Tiger), Gweseck(怪石, Oddly shaped stone), Hwajo(花鳥, Flowers and Birds), Chaekgoeri(冊巨里, The books and bookshaves). In terms of its materials, positive representations of eternal life, wealth and luck were mainly appeared, this is closely related with Self-Search of Buddhist which was the trend at that time that Buddhist turned into the popularized religion in Chosun Period, especially the cooperation of popular belief with Taoism. This is appeared on various Taoists that is expressed in Buddhist paintings of Sixteen Lohans painting at that time. It would provide some clauses to infer the painted years of existing Minhwa at the fixed type of folk story paintings appeared on Sixteen Lohans painting painted mainly from late 19th to early 20th Century. There is also a possibility of the active participation of Buddhist painters(佛畵僧) as painters of Minhwa by request and demands from common people. Inquiry into factors of folk story paintings among Buddhist paintings started from similarity of the materials and shapes, however it doesn't seem to have dramatically expressed comic or exceptional techniques. But, the fact that there are similar types of decorative pictures in the Royal Court rather seemed to be possible for Buddhist paintings to have functions as religion.