• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.35-59
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• 2018

Professor Bin Cheng said that outer space was res extra commercium, while the moon and the other celestial bodies were res nullius before the 1967 Outer Space Treaty(OST). However, Article 2 of the OST made the moon and other celestial bodies have the legal status as res extra commmercium, not appropriated by any country or private enterprises or individual person, but the resources there can be freely available, as those on the high seas. The non-appropriation principle was introduced to corpus juris spatialis internationalis. Whether or not the non-appropriation principle is binding for the non-parties of the OST, many scholars see this principle as an international customary law, even developing into jus cogens. Article 11(2) of the Moon Agreement(MA) reconfirms the nonappropriation principle of Article 2 of the OST, but it has much less effect than the OST because the MA binds only the 18 parties involved. The MA applies only to the moon and celestial bodies other than the Earth in the Solar System, the OST's application scope extends to the Galaxy because the OST has no such substantive enactment. As referred to in the 2015 CSLCA of USA or Luxembourg's Law of Space Resources, allowing individuals and enterprises run by other countries to commercially explore and utilize the space resources, the question may arise whether this violates the non-appropriation principle under Article 2 of the OST and Article 11 of the MA. In the case of the CSLCA, the law explicitly specifies that sovereignty, possessory rights, and judiciary rights to a specific celestial body cannot be claimed, let alone ownership. This author believes that this law respects the legal status of outer space and the celestial bodies as res extra commmercium. As long as any countries or private enterprises or individuals respect the non-appropriation principle of outer space and the celestial bodies, they could use, exploit it. Another question might be raised in the difference between res extra commercium on the high seas and res extra commercium in outer space and the celestial bodies. Collecting resources on the high seas and exploiting space resources should be interpreted differently. On the high seas, resources can be collected without any obstacles like fishing, whereas, in the case of the deep sea-bed area, the Common Heritage of Mankind principles under the UNCLOS should be operated by the International Seabed Authority as an international regime. The nature or form of the sea resources found on the high seas are thus different from that of space resources, which are fixed on the moon and the celestial bodies without water. Thus, if individuals or private enterprises collect these resources from outer space and the celestial bodies, they might secure a certain section and continue collecting or mining works without any limitation. If an American enterprise receives an approval from the U.S. government, secures the best location and collects resources on the moon, can other countries' enterprises access to this area? How large the exploiting place can be allotted on the moon? How long should such a exploiting activity be lasted? Under the current international space law, these matters might be handled according to the principle of "first come, first served." As a consequence, the international community should provide a guideline or a proposal for the settlement of any foreseeable disputes during the space activity to solve plausible space legal questions in the near future.

• Korean Journal of Adult Nursing
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• v.25 no.6
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• pp.701-711
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• 2013

Purpose: The plan proposed by the Ministry of Health and Welfare in 2012 did not reflect the position of nurses and focused only on how to increase the number of nurses. There is a need for coming up with a specific and viable alternative plan considering the qualitative aspect of nursing, delegation of nursing tasks, the in-death analysis of the reasons for leaving the nursing profession, and the legal standards based on varying nursing tasks. Methods: Drawing on a review of existing literature, this report was written to examine policy directions and the factors that influence the institutional environment that regulates the supply and demand of the nursing workforce in Korea. Results: Implementing the government's plan for introducing a new type of nurse, the registered practical nurse, which generally requires a two-year associate's degree, must be reconsidered. Also, a concrete plan to make use of unemployed nurses and to close the salary gap between nurses working at hospitals in cities and those working at hospitals in rural areas must be prepared. Furthermore, there is a need for introducing a new rating system aimed at boosting the quality of nursing care in small-and medium-sized hospitals, thereby increasing the number of nursing professionals who provide high quality care. Conclusion: In preparation for expected poor quality of care and looming unemployment crisis due to the increase in the number of nursing professionals, a practical and concrete plan for the supply and demand of the nursing workforce should be made. The Korean Nurses Association should mount a profession-wide campaign to make the government formulate a new and viable policy on the supply and demand of the nursing workforce.

• Korean Security Journal
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• no.33
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• pp.27-49
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• 2012

"Do not ask crimes", such as "child sexual abuse" and according to the known through media reports, the people's fear and worry increasingly severe become and the damage increasing day by day and is Still unable to find effective countermeasures that national security policy is a reality. In this study, the result was the development of new security equipment for the purpose of the research team to the solution of the problem of domestic policing these sexual offenses prevention of GPS applications and existing smartphone to suit the era of 20 million development in the online and offline sales and is proposed to complement the problems of the samdanbong multifunction smart samdanbong. First, the function will be applied according to the trend due to the increase of heinous crime, both online and offline sales surge in self-defense products that are being sold on the market, finding problems samdanbong of smart multifunctional smart samdanbong the actual crime and the corresponding effective products were planning to have a secure management system, through a legal review on the current law. Second, sexual offenses, such as Internet use, travel, residential location, and management of sexual offenses Felon Felon's daily life strictly sexual offenses prevention of GPS applications to the characteristics of the sexual offenses scrutinized nearly enough to the frequency of recurrence of 50% is high, look at the case of foreign proposed the streets of sex offenders and the development of applications that can be checked in real-time by considering the basic characteristics to manage.

• Journal of Venture Innovation
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• v.2 no.2
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• pp.127-140
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• 2019

A stock valuation on the tax law is based on the valuation by market price. But, unlike the listed stocks, the unlisted stocks mostly have the unclear market price. Accordingly, it is necessary to calculate the fair value which corresponds to the market price. The purpose of this paper is to examine the appropriateness of the complementary valuation method in the Inheritance Tax and Gift Tax Act and to provide suggestions for improvement. This study is intended to provide the problems and solutions relating to the valuation of unlisted stocks through analysis of foreign legal systems and actual disputes. When the actual profit/loss data are used to calculate the net profit/loss value on the present regulations, it has the different weight on the latest 3 years' net profits and losses uniformly. Therefore, to extend the range of unlisted stocks valuation and to show the independent and high professionalism of appraisal council not the subsidy appraisal agency of the National Tax Service, it is necessary to change the current rule that the commissioner of the National Tax Service unilaterally appoints the private members into the method of public offering.

• Journal of Internet Computing and Services
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• v.11 no.3
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• pp.87-103
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• 2010

In the study, we introduce the trend in domestic and foreign web accessibility, as well as the legal system that ensures web accessibility. Based on Korean Web Content Accessibility Guidelines (KWCAG)1.0, we investigated the web content accessibility of 80 tertiary health-care hospitals and general hospitals in Korea. We evaluated accessibility by combining accessibility-based criteria (ABC) with usability-based criteria (UBC). ABC was limited to an alternative text for Guideline 1, using a small number of frames and keyboard accessibility for Guideline 2. UBC checked the voice service (TTS), resizing text, providing multi-lingual websites, and disclosing web accessibility policy. KADO-WAH2.0 was used for representing the compliance rate. The evaluation result was a considerable improvement from previous results, even though the rate of compliance with web accessibility was generally insufficient. There was a significant difference between those medical centers which did and did not comply with web accessibility. Incidentally, many hospitals were found to have attempted to confront and come to terms with web accessibility. In future, the following factors are advisable for medical centers with publicity or public interest: they must employ active and aggressive promotion of establishment of independent accessibility guidelines to secure web accessibility, they should effect an improvement of the realization of web accessibility, there can be constant education and promotion, and there can be an institutional supplementation, as well as others.

• Journal of Navigation and Port Research
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• v.29 no.10 s.106
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• pp.891-896
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• 2005

Changes such as expanding nationwide road networks, 5-day work system and income increases triggered high interest in water leisure and an increase in water sports population. And safety regulations have been under discussion as a possible way to prevent the water leisure related accidents. Water Leisure Safety Regulation was enacted in 1999 and fully revised in 2005. Therefore, it is necessary to examine the current state cf water leisure activities and how the water leisure safety regulations are perceived. For this purpose, a survey of water leisure people was conducted on the revised safety regulation and relevance and correlation between variables were examined using Frequency analysis and Crosstabs. The results showed that more than $60\%$ of the people surveyed acknowledge the necessity of registration, safety instruction, insurance, and safety inspection. It was also found that the people who are highly dissatisfied with the safety of water leisure apparatus and acknowledge the necessity of insurance showed strong opinion of the necessity of legal controls on water leisure activities.

• Journal of Conservation Science
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• v.33 no.6
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• pp.541-552
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• 2017

All excavated "buried cultural properties" are supervised by the Cultural Heritage Administration that decides whether to conserve them or not, depending on the necessity for conservation. Currently, there is no legal regulation concerning the administration of relics (including artifacts) and remains (including archaeological sites) that are relocated and restored based on such conservation decisions. Thus, administration of these cultural properties is inadequate. Under these circumstances, this paper recommends the current state of conservation and conservation methods for buried cultural properties excavated at Chungcheongnam-do thus far. Conservation of buried cultural properties excavated at Chungcheongnam-do primarily employ the "relocating and restoration" method; 23 relics and 46 remains employed relocation after dismantling and soil layer transcription method. Moreover, 27 remains were relocated after dismantling and 14 remains employed the transcription method. In terms of area, Buyeo-gun and Gongju-si had 12 relics accounting for about 50%, while according to the period, Baekjae period had 16 relics, accounting for about 70%. In terms of conservation facility, open-air facility had 33 relics, accounting for about 72%. Results of investigating the state of relics' management indicated that public institutions like a museum with a recognizable management system had their own work force and consequently ensured excellent conservation, whereas if there were no apparent responsible bodies, remains were subjected to considerable damage due to mismanagement. Therefore, this problem can be resolved by identifying a recognizable management body as well as ensuring periodical management and supervision. The excavated buried cultural properties are utilized not only for academic purposes, but also for PR or as exhibition material. Hence, this study confirms that meticulous management of buried cultural properties is currently required.

• The Journal of the Korea Contents Association
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• v.14 no.3
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• pp.176-185
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• 2014

This study deals with the precedents regarding music works among 'The suits to claim an infringement of copyright' and 'Suits to claim indemnification for damage' that have been filed in Korea up so far in order to establish clear criteria to judge plagiarism based on the ground of legal judgment and judge the similarity of two works that have been in controversy previously. The study has been performed through literature review and also precedents. According to the study result, 'criteria to judge music works on plagiarism' are largely classified into (1) creativity, (2) access, and (3) substantial similarity. It is almost the same to judge creativity and substantial similarity. With the components of music works, say, melody, harmony, and rhythm, comparative analysis is conducted. About creativity, the original composer's song is analyzed with another object to be compared whereas about substantial similarity, two songs in controversy get to be analyzed. Regarding the current criteria to judge creativity, it is needed to set the number of objects to be compared which have been regarded similar. And access has limitations in setting up objective criteria for it. Lastly, we should develop digitized criteria for substantial similarity based on the preliminary review system of the Committee on Performance Ethics in the past.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.4
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• pp.336-345
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• 2020

Vessel Traf ic Services (VTS) is a system for ship safety and accident prevention. The International Maritime Organization (IMO), the International Association of Marine Aids to Navigation and the Lighthouse Authorities (IALA) established regulations related to VTS from an early stage. On December 3, 2019, South Korea enacted a special act called the "Act on Vessel Traffic Services (VTS Act)," which will take ef ect on June 4, 2020. In this paper, the background of this act's enactment is examined and its provisions are critically reviewed. In particular, the study intensively examines the reasons the immunity provisions for the VTS operator were removed and the current direction of improvements to the VTS Act is presented in terms of its feasibility. Most countries that do not have an Act related to VTS and its operator, refer to that of Korea. Therefore, it is necessary to reinforce the structures and definition of the VTS Act, as well as the immunity provisions for the VTS operator. The latter were removed during the National Assembly's legislation process, but were included in the initial bill, and should be reflected in subsequent revisions of the VTS Act.

• Korean journal of communication and information
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• v.84
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• pp.7-27
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• 2017

This study explores the possibility of maximizing locality through synergy between local terrestrial broadcasters and cable local channels. To this end, it examines the significance of the concept of locality in the changing environment represented by the 4th Industrial Revolution. It also analyzes the existing situation of broadcasting locality and the terrain of existing studies concerning cable local channels. Based on the reviews, the study searches for the connection points between local terrestrial and cable channels, which are still heterogeneous operators. The difference in the size of broadcast region and the programming time constitutes the optimum condition. As a result of this, the study discusses the issue of appropriateness and feasibility of bundling the local terrestrial and pay-TV channels in the same legal system. By doing so, it reveals the biggest obstacle in institutionalizing the cable channel into the public category is the emotional rejection towards cable TV. In order to overcome this problem, the study suggests to abolish both the current policy guideline characterized as the same service, same regulation principle and the abolition of local business right of cable TV. It also proposes to allow news commentary function of cable local channels and strengthen cable TV's own capabilities.