• Title/Summary/Keyword: Customs Law

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A Study on the Archetypes of Historical Edification of Daesoonjinrihoe (대순진리회 교화의 역사적 전형(典型)에 관한 연구)

  • Back, Kyung-un
    • Journal of the Daesoon Academy of Sciences
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    • v.22
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    • pp.471-507
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    • 2014
  • Edification in Daesoonjinrihoe is not only a phenomenon that occurs following the differences of religious experience or spiritual development among the community members, which enables the members to share teaching and learning experiences with one another, but also an issue determined as one of the major activities of the religious order and a plan for achieving the purpose of the religious order-Podeokchenha(Wordly Propagation), Gujechansaeng (Salvation of all mankind) and Jisangcheonguk Geonseol(Building of earthly paradise). The purpose of this article is to clarify its concept and provide an example of edification, through considering the historical model for edification to help the cultivators with their work of edification. The archetype of edification of Daesoonjinrihoe was formed and gradually developed in phases by Sangje, Kang Jeungsan, the Supreme God(姜甑山, 1871-1909), Doju, Jo Jeongsan(趙鼎山, 1895-1958) and Dojeon, Park Wudang(朴牛堂, 1917-1995), by the three of whom the Religious Authority was succeeded. Sangje descended to the human world and preached to people to live by the rule of Haewon Sangsaeng(Resolution of grievances for the mutual beneficences of all life) and set an example of abolishing the old customs, living in mutual beneficences and having respect for human being. Doju, in revering the last will of Sangje, established the religious order by setting its creed, rituals and activities, which formed most contents of the archetype of edification. Dojeon set up a religious faith system by firmly establishing the Religious Authority and performed the True Law in accordance with Sangje's program of heaven to educate the cultivators to achieve the goal of self-cultivation following the last will of Doju. Through this, a perfect method to reach the state of Dotong(The Truly Unified State of Dao) is fulfilled. In this way, the archetype of edification was formed in the process of succession of Religious Authority. In conclusion, edification in Daesoonjinrihoe contributes to a 'systematic conveyance and understanding' through the historical archetype of edification, and it can be described as a concept that becomes a model to put into practice the 'True Law' of teachings given by two Sangjes for Dotong. Therefore, edification of Daesoonjinrihoe is drawing attention of its development as an important activity that realizes the ultimate value of the religious order because it solves the problems of immorality(absence of Dao), disorder and disregard of human value generated from the other side of this material civilization, with the truth of Haewon Sangsaeng, and has a function of rebuilding and leading the individuals and the society to the Truly Unified State of Dao through performing of the True Law.

"Legal Study on Boundary between Airspace and Outer Space" (영공(領空)과 우주공간(宇宙空間)의 한계(限界)에 관한 법적(法的) 고찰(考察))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.2
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    • pp.31-67
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    • 1990
  • One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

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The Character and Negotiability of Air Waybill (항공화물운송상(航空貨物運送狀)의 성질(性質)과 유통성(流通性))

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.65-85
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    • 1992
  • The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier's neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notify party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows: The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee's air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security therefor to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that "nothing in this Convention prevents the issue of a negotiable air waybill." This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of carriage are allowed to replace the air waybill with a receipt for the goods. In conclusion, as the Warsaw Convention has not details of provisions relating to the issuing of the negotiable air waybill, it is hoped that there should be supplement to the Warsaw Convention and establishment of international commercial usage with regard to the negotiable air waybill.

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A Study on the Taboo of Marriage Luxury of Chosun Period (조선시대 혼인사치의 금제에 관한 고찰)

  • 김경희
    • The Research Journal of the Costume Culture
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    • v.6 no.1
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    • pp.1-13
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    • 1998
  • As for the taboo of dress and its ornaments which was applied to only populace one-sidedly mainly under the power structure of feudalistic centralization of government like Chosun dynasty, the aspect of taboo was diversified all the more by having relation with various phenomenon of social structure characteristics, and the taboo items to be given in accordance with the flow of time shows the diversity. Especially, the structure of dress and its ornaments in Chosun period showed the side of social position relation and luxury control, and the taboo of dress and its ornaments which was derived from the current thought about China was given frequently. To respect the frugal virtue and moderate the life has relation with the stream of the times in individuals or nations. And, that it is externalized is dress and its ornaments. As the luxury about dress and its ornaments was serious in accordance with times, it appeared by having relation with whole economic question of nations. Then, this researcher thought this by relating this to the culture of customs. This researcher thought that the luxury about clothing gets to go to extremes and the law and order collapses, according as public morals get to be very lax. And, it can be said that the way to be able to control this is that the customs should be thoroughly obeyed and that the system to be able to play the role of braking is taboo. So, this researcher thinks that it is significant to examine the achievement which has contributed toward the life of dress and its ornaments by successive kinds on the basis of a true record of the Vidynasty and other all sorts of literatures about the real situation of prohibition order which has been from the first king to Kojong at the last period of nation. The criticism and taboo about luxury which have been discussed at Chosun period may be subdivided into some kinds in accordance with the subjects. But, in this tests, as it sis the real situation that the case to be due to the lavish necessary articles for marriage which is coming to fore as our social problem nowadays is increasing remarkably, this researcher tries to examine the taboo about the marriage luxury at Chosun period in the order of successive generations. Thus, before examining the taboo of marriage luxury, this researcher tries to examine about the taboo of textile luxury and study the taboo of marriage luxury, as the marriage luxury governs almost everything of textile luxury and it is regarded as the origin of marriage luxury, especially. And, this researcher tries to study as to how was the penal regulations based on it at the same time.

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Estimation of the Impact of the Inclusion of Sharks in the Appendices of the 'Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)' on Korean Fisheries and Recommendations of the Domestic Measures on the Trade of the Listed Shark Species ('멸종위기에 처한 야생 동식물의 국제거래에 관한 협약'의 상어류 등재가 한국 수산업에 끼칠 영향과 대응 전략)

  • Sohn, Hawsun;An, Du Hae;Kim, Doo Nam;Lee, Sung Il;Park, Kyum Joon
    • Journal of Fisheries and Marine Sciences Education
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    • v.26 no.6
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    • pp.1278-1295
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    • 2014
  • The Sixteenth Meeting of the Conferences of Parties of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which was held in March 2013 in Bangkok, Thailand, listed five shark species and one genus, and uplisted one sawfish species. All new species listings will be come into force of the eighteen months delay, on the fourteenth of September, 2014. The purpose of the delay is to support the preparation of the domestic measures on shark trade by the parties, as there has been no previous experience in trading the commercially exploited aquatic species in the CITES. The CITES Secretary-General has visited several potential shark trade countries to encourage and facilitate the implementation of the new CITES listings. The newly listed sharks have been caught as a target or non-target species by Korean distant water fisheries and introduced into Korea. So the establishment or change of the domestic laws, regulations, and measures for the implementation of the new CITES species must be prepared before the effective entry date. This paper is prepared to assess the effects of the trade of the CITES listed shark species, and to suggest effective government service measures for the management of Korean distant water fisheries. The Ministry of Environment (MOE) is the general Management Authority of the CITES, and the Ministry of Food and Drug Safety (MFDS) is in charge of the medical trade of CITES listed species in Korea. By law, all imported medicines and medical materials must be inspected by the MFDS during the customs examination; this kind of authority sharing is reasonable and effective way of providing government service. Similarly, the designation of new CITES Management Authority for the trade of commercially exploited aquatic CITES species is critical and the Ministry of Oceans and Fisheries (MOF), which is now in charge of the trade of fisheries products, is the most appropriate governing body for this purpose in Korea. The revision of the National Plan of Action for Conservation and Management of Sharks, initially submitted to the Food and Agriculture Organization (FAO) of the United Nations in 2011 as a practical guideline for shark conservation in all Korean fisheries, could be a effective measure to achieve unification of conservation of endangered species and sustainable use of fisheries stocks. The proper CITES measures for the trade of listed species, such as the establishment of the documenting system for Non-detriment Findings, domestic measures suitable for the "Introduction from the Sea" clause, species specific Harmonized System Codes for the customs service, and an effective shark catch data reporting system should be in place prior to the fourteenth of September 2014.

In Search of the 'True' Cynic: Julian the Emperor's Reception of Cynicism and Its Limits ('진짜' 견유(犬儒)를 찾아서: 율리아누스 황제의 견유주의 수용과 그 한계)

  • Song, Euree
    • Journal of Korean Philosophical Society
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    • no.123
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    • pp.61-89
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    • 2018
  • The purpose of this paper is to characterize the reception of Cynicism by Julian, the emperor and Neoplatonist of the late Roman Empire. Julian attempts to restore true Cynicism, while chiding decadent contemporary Cynics. To this end, he idealizes Diogenes as an example of the true Cynic. The main attention is paid to the way in which Julian idealizes Diogenes. First, we introduce the basic features of Cynicism with a focus on the figure of Diogenes. Although Diogenes inherited the ethics of happiness from Socrates and presented the Cynic practices encapsulating - freedom from social customs, self-sufficiency as opposed to vanity and greed, and asceticism - as a shortcut to happiness, he was called a 'Socrates gone mad', owing to his unconventional and shameless words and deeds. Compared to this Diogenes, we try to discern the characteristics of the true Cynic described by Julian. The true Cynic for Julian is a rigorous ascetic like Diogenes, but a Diogenes knowing shame (aidos). He is an intelligent examiner of the opinion of the people like Socrates. However, he is a free man not enslaved to a particular state, but a pious philosopher who defends the divine moral law of the cosmopolis. In the end, it is shown that Julian embraces Cynicism in so far as it can be integrated into Socrates' rationalist moral tradition. We conclude with a brief reflection on the significance of Julian's reception of Cynicism from the perspective of his attempt to unify ancient philosophical traditions in order to protect Hellenism against Christianity.

A Study on Improvement of Vital Registration and Statistics System in Korea (인구동태신고 및 통계조사의 개선방안)

  • 신윤재
    • Korea journal of population studies
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    • v.11 no.1
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    • pp.58-75
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    • 1988
  • 1.Objectives of the Study It is a well known fact that a prompt and reliable data on demographic information is essential in a proper planning and evaluation of any program of national or community level. Especially vital statistics are an important demographic component among demographic information. Realizing the importance of vital statistics, the government has made some efforts for years to improve the vital registration system which has a close relationship with the production of vital statistics. However, it is still observed that there are some limitations in utilizing vital registration data due to considerable amount of vital events which are never registered and registered but not in time or inaccurately, even though vital registration system in Korea has sound legal basis. In this connection, the objectives of the study is as follows :(1) To examine some problems of the vital registration system in various aspects, (2) To make improvement programme of continuous Demographic Survey as a supplementary source of vital statistics, and (3) To find out some alternatives for making it possible to produce and utilize the reliable vital statistics by developing analytical methodologies on that. 2. Current Situation of Vital Registration System All the vital events, i.e. births, deaths, marriages and divorces, are to be registered in time under the Civil Registration Law, Statistics Law and Regulation on Vital Statstics as a duty of people. Some recent tendencies in each of recent registration are summarized as below: (1) The completeness of vital registration .Out of all births which are occurred during a year, around 75% of those compared to the estimates are registered in the year of occurrence. .In case of death registration, the percentage of registration in the year of occurrene has been gradually increased from 86.2% in the year of 1980, but it is still below the level of 90% compared to the estimates. .The percentage of registration for marriages and divorces in the year of occurrence out of total registered numbers was revealed to be 69% and 73% respectively in 1985. (2) Continuous Demographic Survey .It is a kind of sample survey for the purpose of producing reliable vital statistics which could not be provided by the vital registration. .It covers about 17, 000 sample households at national level and important information for vital events are collected in every month by 323 expertized enumerators who are regular staff of the government. .Although the result of the survey seems to be more reliable than of vital registration, the reliability of the data is still bellow the acceptable level if compared with relevant information from other sources such as population census or special surveys. 3. Problems of Vital Registration System There are four major obstacles in improving vital registration system in Korea; (1) In general, policy priority is not given on any programme of improving vital registration system. It is, therefore, very difficult to formulate comprehensive programme through having cooperation from related authorities and sufficient financial assistance. (2) In all the laws related and system itself, there is substantial degree of overlap and irrationality. Registration of each vital event is maintained according to several laws and regulation such as Civil Registration Law, Statistics Law, Resident Registration Law and Regulation on Vital Statistics. However they are mutually overlapped and overall supervision can not be done systematically due to lack of co-operation among the authorities concerned. (3) The administration of vital registration system seems to be working inefficiently, because of most of civil servants who are in charge of vital registration are lacking of conception on vital statistics and also there is a certain extent of regidity in handling the works. Therefore, they are doing their jobs in a passive way. (4) A substantial proportion of vital events occurred is not registered within the legal time limit (i.e. within one month after the occurrence in case of birth and death) or not registered forever. Some of social customs and superstitution seem to be the potential causes especially in case of births and deaths. 4. Recommendations for the Improvement of Vital Statistics (1) Reporting systems such as civil registration, vital statistics and resident registration should be integrated under the single law. Also, administrative supervision, personnel and budget with regard to the registration system should be under the control of a single ministry. (2) It is necessary to simplify the procedures and methods of reporting vital events, i.e., reducing number of sheets of the form, making corrections easily, reducing registration items, etc. (3) Continuous Demographic Survey as a supplementary source of vital registration should be improved and special ad-hoc surveys should be conducted wth regular interval. (4) In-depth analysis should be done using various sources of data on vital statistics. 5. Concluding Remarks From this study, we can notice that temporary campaign and motivation programs are not sufficient to improve the quality of vital statistics. Strong intentions and continuous efforts of the government are needed for the improvement of the vital registration system. Furthermore, most of the data collected through the registration are not properly analyzed and utilized, partly due to the lack of appreciation among high-level governmental officials of the need for vital statistics. It is, therefore, requested that long-term improvement programs of vital statistics be implemented with policy priority and continuous efforts be given to this purpose as a long-term goal of development in Korea.

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The Genealogy of Rebellious Communication and Twitter A Discourse Analysis of the Park Jung-geun Case ('불온 통신'의 계보와 '트위터' 박정근 사건에 대한 담론 분석을 중심으로)

  • Hong, Namhee
    • Korean journal of communication and information
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    • v.81
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    • pp.329-362
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    • 2017
  • This study starts from the awareness that 'rebellious communication' is still being regulated in various ways even though 'rebellious communication' was declared unconstitutional in a decision by the Constitutional Court in 2002. The meaning of 'rebellious' has been amplified and transformed at various points through the censorship systems established during the Japanese colonial era, the US military period, and the regime of Park Jung-hee. In particular, 'rebellious communication' is regulated to protect 'national security' and 'social customs' from the perspective of power. This study analyzed discourses containing judgement about the Park Jung-geun case and the violation of the National Security Law using retweet accounts or posts related to North Korea. This study explores the genealogy of 'rebellious communication' based on its relationship to the characteristics of Twitter and specific individuals.

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An Empirical Study on Competitiveness of Busan Port on Attracting Transshipment Cargo (부산항 환적화물 분석에 유치를 위한 항만경쟁력 관한 실증연구)

  • Lee, Ki-Woong;Lee, Moon-Kyo;Bang, Hyo-Sik
    • International Commerce and Information Review
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    • v.13 no.1
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    • pp.97-120
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    • 2011
  • Purpose of this study is to define competitiveness and attribution factors of Busan port on attracting high value added business such as transshipment cargo. Research finds condition to become optimal transshipment port comprises both internal and external circumstances. As for the internal circumstance, scale and location of the distripark as well as port facilities and the rates, for the external circumstance, international network and information technology on logistics managements are providing positive effects. Optimal plans to attract transshipment cargo should include, first, development of total logistics management system from port entry to unloading, transportation, processing, loading to departure. Second, assign port as free trade zone under customs law to attract foreign investment and goods traffic through tax exemption. Third, unless it is illegal, government needs to grant substantial freedom to shift capital for the foreign investors which will lead increase in cargo traffic and foreign investment.

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A Study on the Roadiside Forest in Jungeup-Gun, Chunbuk-Do -ase Study on the Roadside Forest from Wonpyung to Kamgok- (전북 정읍지역 도로 주변림에 관한 연구 -김재 원평에서 정읍 감곡 사이의 지방도 사례로-)

  • 박재철
    • Journal of the Korean Institute of Landscape Architecture
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    • v.22 no.1
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    • pp.53-63
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    • 1994
  • There are lots of forests around the Korean rural village. This study was conducted to investigate the state of the forests by the 15 forests case study of the Kamgok region in Chon-guk-Do province, Korea. The results are as follows. 1. The forests lose mostly original form by the construction of road and forest clearing for the land development business. And almostly the form of the forests is a trapezoid or roundness. 2. The forests were remained on account of the Korean cemetery customs which is burying underground. 3. The conservation of the forests becomes more difficult because of the continuous development pressure. 4. Because the scale of the forests is so small, they aren't named as the natural resort forest by the forest law. So it will be the better alternative that they are conserved and used by inducing the concept of the village resort forest. 5. Because the owenership of the forests exists in a person or a family, the forests will be destructed continuously by the cemetery development. 6. The vegetation of the upper trees in the forests is the simple forests of Pinus densiflora, Pinus rigida and bamboo. The height of upper tree is average 10-12m. And average root diameter is 13-29cm. The age of the tree is average 50 years old. The state of the forests is mostly fine. 7. It is clarified that the price of the forest land is 3-5 times expensive than the other cultivated land. 8. The forests were made by the forefathers for the purpose of the practical use and were reforested in the era 1960s, 1970s.

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