• Title/Summary/Keyword: International Treaty

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A Study on Legal Protection and Welfare Facilities of Women Worker (근로여성의 법적보호와 복지시설에 대하여)

  • 서병숙
    • Journal of the Korean Home Economics Association
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    • v.11 no.1
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    • pp.75-91
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    • 1973
  • It is a general trend in the world that female workers are drastically increasing due to the facts that highly developed capitalism requires women's job, women are inspired to work, housewives can shorten their working hours for house-keeping and save their energy from their routine works, educational expenses of their children become larger, large among of modities has stimulated purchasing desire. Since the International Treaty on Prohibition of Female's Night Labor was agreed at the Bern's Conference in 1906, the International Labor Organization (I.L.O.) established after the World War II, has adopted innumerable international labor treaties. According to the laws of the advanced countries, the first priority of their protection has been placed on juvenile and female workers. The legal protection of female workers and equal treatments such as wage and promotion between men and women have become important world problems. In this thesis, the great principle of the Labor Standard Law, protection regarding working house, risk and harm in performance of jobs, protection of mother-workers, protection of women workers in advanced countries and the present status of welfare facilities for women workers in our country will be studied. The most important points this thesis has placed stress and appealed, are as follows : 1. The scope and variety of women workers' jobs should be broadened. 2. Opportunity for promotion should be guaranteed for women workers based upon the ability and capacity of individual woman worker. 3. Equal wage principle between men and women workers, should be established based upon the idea that men and women should be equal. 4. The age limit or marriage limit of employment applied only to female workers, should be abrogated. 5. The ability of middle and old aged women workers should be developed and utilized to the maximum extent. 6. Welfare facilities for women workers, should be urgently secured and guaranteed.

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Legal and Historical Evaluation on the Korea-Japan Fisheries Agreement of 1965 (1965년 한(韓)-일(日)어업협정(漁業協定)의 법적(法的)·역사적(歷史的) 검토(評價))

  • Choi, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.11 no.2
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    • pp.150-183
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    • 1999
  • Korea-Japan Fisheries Agreement concluded in 1965 made a contribution to the stable development of fisheries relationship for both countries until the year of 1980. From the time on thereafter a series of respectable fishery disputes occurred throughout the period of fisheries self-regulation in accordance with alteration of home and abroad conditions. And both countries marched into a cooperation era by enforcement of the new fisheries agreement from the 23 January 1999, because the Fisheries Agreement system of 1965 had many limitations to settle the fundamental fisheries problems. In this paper, the author carried out the legal interpretation, arrangement of historical facts and evaluation of actual results of the Korea-Japan Fisheries Agreement of 1965. The key contents of the Fisheries Agreement were the establishment of 12-nautical mile exclusive fishery zone and the joint-control fishery zone under the principles of maintenance of MSY for fishery resources, freedom of high seas and mutual cooperation. The legal foundation of the conclusion of the Fisheries Agreement were the San Francisco Peace Treaty of 1952 and the four International Conventions on the Law of the Sea of 1958. During the 33 years, the fisheries power of Korea made a rapid stride, on the other hand that of Japan was almost stagnated. And in the meantime, there were very important development on the international law of the sea, for instant, the settlement of 12-nautical mile territorial sea regime and the establishment of 200-nautical mile exclusive economic zone regime. Annual meetings of the Joint Fisheries Committee were not successful to fill the role for conservation of fishery resources. The Fisheries Self-Regulation Agreement concluded in 1980 was also insufficient to accept the new international regime on the law of the sea, for that reason it was terminated on 23 January 1999. But it is true that the Fisheries Agreement of 1965 made a contribution to normalization of fisheries relationship between both countries and fisheries development of Korea.

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A Study on the Determination of Applicable law to Liability for the compensation of Damage in a plane accident (항공기사고 손해배상청구에 있어서 준거법의 결정에 관한 소고)

  • So, Jae-Seon
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.3-42
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    • 2010
  • This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

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Precautionary Action by a Military Aircraft in the Law of Air Warfare: its Rules and Problems (국제항공규범의 전시적용 법리와 쟁점 - 공전규범상 사전예방조치 (Precautionary Measure)의 법리와 쟁점을 중심으로 -)

  • Hwang, Won-Ho;Kim, Hyoung-Ku
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.41-68
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    • 2011
  • This article deals with the current rules of law of air warfare and its surrounding issues on precautionary action by a military aircraft at air-to-air operation in international armed conflict. However there is no separate and independent legal system to regulate warfare in aerospace in the current system of law of war (or law of armed conflict). In other words, law of air warfare does not exist in a form of a separate treaty. Air warfare has been regulated by international customary law and the relevant provisions in different Conventions, including 1949 four Geneva Conventions and two Additional Protocols, which mainly regulate land and naval warfare. And this makes difficult to make clear a legal term or legal tests on an issue concerned with law of air warfare, which concludes from time to time a dispute on interpretation and implementation of law of air warfare between states. Therefore, this article refers various materials (including 1949 Geneva Conventions and Additional Protocols, San Remo Manual, Harvard Manual, and ICAO Manual on Interception of Civilian Aircraft) for the purpose of defining the current and desirable legal test on precautionary action by military aircraft. In addition to the main purpose of this article, this article tried to show a characteristic of developing mechanism of law of air Warfare taking into account interactions between international air law and law of air warfare.

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International Legal Status of U.S. Citizens Property Right to Space Resources (미국 국내법령상 우주자원 소유권의 국제법상 의의)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.419-442
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    • 2018
  • Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

The Liability for Space Activity of Launching State of Space Object and Improvement of Korea's Space Policy (우주물체 발사국의 우주활동에 대한 책임과 우리나라 우주정책의 개선방향)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.295-347
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    • 2013
  • Korea launched the science satellite by the first launch vehicle Naro-ho(KSLV-1) at the Naro Space Center located at Oinarodo, Cohenggun Jellanamdo in August, 2009 and October, 2010. However, the first and second launch failed. At last, on January 30, 2013 the third launch of the launch vehicle Naro-ho has successfully launched and the Naro science satellite penetrated into the space orbit. Owing to the succeed of the launch of Naro-ho, Korea joined the space club by the eleventh turn following the United States, Russia, Japan and China. The United Nations adopted the Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1972, the Regislation Convention of 1976, and Moon Agreement of 1979. Korea ratified the above space-related treaties except the Moon Agreement. Such space-related treaties regulate the international liability for the space activity by the launching state of the space object. Especially the Outer Space Treaty regulates the principle concerning the state's liability for the space activity. Each State Party to the Treaty that launches or procures the launching of an object into outer space is internationally liable for damage to another State Party or to its natural or judicial persons by such object or its component parts on the earth, in air space or in outer space. Under the Liability Convention, a launching state shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The major nations of the world made national legislations to observe the above space-related treaties, and to promote the space development, and to regulate the space activity. In Korea, the United States, Russia and Japan, the national space-related legislation regulates the government's liability of the launching state of the space object. The national space-related legislations of the major nations are as follows : the Outer Space Development Promotion Act and Outer Space Damage Compensation Act of Korea, the National Aeronautic and Space Act and Commercial Space Launch Act of the United States, the Law on Space Activity of Russia, and the Law concerning Japan Aerospace Exploration Agency and Space Basic Act of Japan. In order to implement the government's liability of the launching state of space object under space-related treaties and national legislations, and to establish the standing as a strong space nation, Korea shall improve the space-related policy, laws and system as follows : Firstly, the legal system relating to the space development and the space activity shall be maintained. For this matter, the legal arrangement and maintenance shall be made to implement the government's policy and regulation relating to the space development and space activity. Also the legal system shall be maintained in accordance with the elements for consideration when enacting the national legislation relevant to the peaceful exploration and use of outer space adopted by UN COPUOS. Secondly, the liability system for the space damage shall be improved. For this matter, the articles relating to the liability for the damage and the right of claiming compensation for the expense already paid for the damage in case of the joint launch and consigned launch shall be regulated newly. Thirdly, the preservation policy for the space environment shall be established. For this matter, the consideration and preservation policy of the environment in the space development and use shall be established. Also the rule to mitigate the space debris shall be adopted. Fourthly, the international cooperation relating to the space activity shall be promoted. For this matter, the international cooperation obligation of the nation in the exploration and use of outer space shall be observed. Also through the international space-related cooperation, Korea shall secure the capacity of the space development and enter into the space advanced nation.

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Military Competition and Arms Control in Space (우주상 군비경쟁과 군비통제)

  • Shin, Dong-Chun;Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.203-237
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    • 2011
  • Since USSR successfully launched its satellite "Sputnik"in 1957, many countries including US and USSR began military use of space, and engaged in arms race in space, which is against spirit and ideals of peaceful use of space as common heritage of mankind stipulated in many treaties such as Outer Space Treaty. With worsening Cold War between East and Western Bloc, this military use of space and arms race in space has been intensifying. Regarding the ideals of peaceful use of space, it is interpreted that military use of space is possible unless it does not have the purpose of aggression. The military use of space may have diverse forms such as attacking satellites in space, or attacking from satellites, making use of present and future technologies available which should include the use of nuclear and kinetic/hyper-speed weapons, laser, particle beams, near explosion, disturbance weapons in different directions (i.e., surface to space, space to space, and space to surface). Arms control is being implemented by the efforts of many countries in different formalities including legislature of international treaties under the auspices of UNCOPUOS and prohibition of weapons of mass destruction. Taking outstanding examples aiming at arms control by international community, there are confidence building measures (CBM), strengthening implementation of existing treaties, partial ban of nuclear tests, countryand regional approach, comprehensive approach and measures having legally binding force. While U.S. has surpassed other countries concerned in the area of military useof space, it withdrew from OST in early 2000s, thereby raising concern of international community. It requires concerted efforts of cooperationand implementation by international society to make sure peace of mankind and environmental conservation through arms control in space. Observing de facto possession of nuclear weapons by North Korea following series of nuclear tests and launching satellites, and efforts of launching rockets by South Korea, it is strongly needed for both countries to take part in arms control efforts by international community.

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ICM from the foundation to the suspension of the old IMU (IMU탄생에서 해체까지의 ICM)

  • Kim, Sung-Sook;Khang, Mee-Kyung
    • Journal for History of Mathematics
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    • v.25 no.3
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    • pp.41-52
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    • 2012
  • The Great War of 1914-1918 had dramatic consequences for all aspects of European society. Academia, and the field of mathematics, was no exception to the changes which occurred following the conflicts conclusion. After the First World War, which left Germany, the Austro-Hungarian Empire, Bulgaria and Turkey defeated, the Treaty of Versailles imposed harsh revisions to the old order. Many new nations emerged and the map of Europe was redrawn. The victorious powers also created the International Research Council (IRC) in 1919, and the International Mathematical Union (IMU) was founded under the IRC' s umbrella in 1920. At that time Germany, Austria, Hungary and Bulgaria were excluded from participation and the IMU maintained an open anti-German policy. However, as time passed this policy became more sharply criticized and in 1928 ICM, the nonparticipants were invited to join. Having declined, controversy persisted until in 1931 the IRC was replaced by the International Council of Scientific Unions, and the IMU disappeared for over two decades until it was reestablished in 1951. During the time of the first tenure of the IMU it is argued by many that politics entered into the world of international mathematical cooperation. In this paper we study the real effects the Great War had on the international mathematical community and its mathematicians.

The Study of Phonetic Research Methodology in Korean English Grammar ("선영문법(鮮英文法)"에 나타난 음성학 연구 방법에 대한 고찰)

  • Kim, Hyoung-Youb
    • Lingua Humanitatis
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    • v.7
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    • pp.291-309
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    • 2005
  • It hasn't been long time since English language was introduced in Korea. At the end of the 18th century the importance of the way of using English properly started to be recognized as Chosun (former country in Korean peninsula) began to conclude a treaty with foreign countries. A lot of Koreans could learn the western culture by the acquired knowledge of English. One of the main factors opening the secluded nation to the world was the member of missionary from outside of Korea. As the number of missionaries increased those who already came to Korea found the necessity of wiring a sort of guidebook of Korean language for the newly dispatched missionaries. The book $\ulcorner$Korean English Grammar$\lrcorner$(written by Horace Grant Underwood in 1890), was the first one that linguistically compared the part of speech and the clausal structures of Korean and English. The revised one of the same book was written by the son, Horace Horton Underwood, in 1914. The revised one newly included the phonetic aspect of Korean language. In this paper the phonetic part of the book will be considered carefully in order to find how recent phonetic methodology has been applied to account for the Korean phonetic features.

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Recognition of Japan politics about Dokdo and our strategy (일본 정치권의 독도인식과 우리의 대응전략)

  • Kim, Young-Pil
    • Strategy21
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    • s.31
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    • pp.164-189
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    • 2013
  • Last December, the Abe government came back, and it is critical core of Northeast Asia. They visited to Yasukuni Shrine, denied to Korea's invasion and they are denying all of their invasion history. I'm afraid they want to take Dokdo. Dokdo is Korean territory, but Japan politics assert it belongs to them. To make matters worse, they are waiting an opportunity to invade. Ministry of Foreign Affair blue paper and Ministry of Defense white paper have claimed Dokdo as Japanese territory, and many right wing politicians are taking part in the Cabinet. Liberal Democratic Party of Japan is becoming more right wing politicians than before by Japan Restoration Party, and the others also have more right wing ideologies. It can't control Japan right wing political parties. They finally aim to take Dokdo. In this situation, we have to defend Dokdo. Japan must be very important partner for our nation's development. But it is necessary to trust between two countries. Dokdo is effective controlled by Korea. It is the best way how to keep Dokdo. During Dokdo is effective controlled by Korea, the Japanese Government has limited Dokdo's ownership. Now we don't have any way to keep Dokdo except more effective control. We have strategies about Japanese claim of Dokdo's ownership as follows. First, we can overpower Japan right wing politics as Japan conscientious force's ideology. Second, Japan politics say to Dokdo's ownership is based on The San Francisco Treaty. But it is not right. Third, we have to exchange a lot of local government and civic society in Japan. Finally, we must prepare thoroughly to bring the matter to the International Court of Justice.

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