• The Journal of Asian Finance, Economics and Business
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• v.7 no.4
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• pp.197-203
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• 2020

This study investigates graduate competencies that can improve the uptake of higher education graduate outcomes in the working environment in Indonesia. This research was conducted by collecting data through sending questionnaires directly by the research team, via courier, or via postal service to respondents. A survey with questionnaire is carried out on April 2019, and the data from 117 respondents was analyzed. The sample population was all private higher education in the area of the I-XIV Higher Education Service Institution in Indonesia. This study employs factor analysis and structural equation modelling. The results show that the Graduates' competencies had a significant direct effect on the uptake of higher education graduates in the job market. The indirect effect of a Diploma Supplement and networking as mediation has a level of influence that is higher than the direct effect of graduate competence on the uptake of higher education graduate outcomes in the job market. The findings suggest that the Diploma Supplement and networking can increase the uptake of higher education graduates in Indonesia as expected by stakeholders and be able to compete in the global or international scale of environmental working. The professionalism of lecturers has a significant influence on the quality of learning.

• The Southeast Asian review
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• v.19 no.2
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• pp.57-91
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• 2009

The purpose of this paper is to examine historical development, ideology and praxis of Islamic radicalism in Indonesia. In the second part of this paper, radical trends under Sukarno and Suharto governments will be dealt with, focusing on three streams of Darul Islam, Dewan Dakwah Islamiyah Indonesia and Islamic secret sects. The third part investigates the surge of radical Islamic movements after the fall of Suharto regime. For this, three organizations are again selected for detailed analysis. This paper argues that, judging from active engagements of radical organizations in national and international affairs and favorable attitude of general Muslims toward them, radicalism has recently established itself as one of the major constituents of Indonesian Islam. To put it differently, the current situation signifies that under the Suharto regime, a diversification of so-called the santri has been underway. Contrary to the traditional santri group which emphasizes the fulfillment of faith in the private sphere, another group has been crystallized, which gives priority to Islamic roles in public sphere and attempts to realize these. It is difficult to pinpoint the reasons why this group has emerged. Its effect, however, can relatively easily be grasped. With the surge of this new radical stream, the rhetoric of an establishment of Islamic state and a realization of Islamic law has no longer been tabooed and has been instated as the key element in public discourse of Islam.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.419-477
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• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.2
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• pp.149-155
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• 2020

Since marine accidents cause large-scale damage to human lives and the marine environment, prompt response measures are crucial including salvage operations for ships and cargoes along with lifesaving operations. In Korea, marine salvage operations are mainly dependent on global salvage companies in case of large-scale marine accidents due to lack of national capacity for marine salvage. The purpose of this study was to suggest public measures for the promotion of the private salvage industry by identifying the current situation and problems in the domestic marine salvage industry. As a result of the study, the measures of setting up a dedicated agency to support the domestic salvage industry and the function of the dedicated agency were identified and presented. In addition, the main points of the bill of "Law on the Promotion of the Domestic Salvage Industry" were presented to support and promote the salvage industry. To prepare the draft bill of law, relevant domestic laws and international conventions were examined to define the terms and regulations. Based on the legislation enacted as a result of this study, relevant ministries should focus on the legislative process. Legislation can be pursued by competent ministries in cooperation with the private sector and academia. It is expected that this study will help in the development of the domestic marine salvage industry and enhance the national response capacity for marine accidents in Korea.

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

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

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.3-37
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• 2020

The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

• International Commerce and Information Review
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• v.18 no.2
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• pp.3-26
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• 2016

Crowdfunding is growing up SNS spread, raising funds from numerous people which are offering necessary funding of private and enterprise using the internet-based platforms. The function of crowdfunding uses innovative financing in being business and start-ups having difficulty in financing. Crowdfunding in our domestic is concentrated on culture and arts in the early adoption phase, and is numerous projects with public features. However, the investment case of crowdfundig in e-commerce trade start-ups is rarely in spite of a increased attention for crowdfunding.. The purpose of this study examined the factors to be considered when using successfully crowdfunding on e-commerce trade start-ups. This study is understanding the legal and policy of crowdfunding market status and other countries, and suggests the activation of the direction of government policy, legal system, and participation of financing suppliers and investors as activating the law and policy system related the crowdfunding on a domestic in terms of e-commerce trade start-ups investment.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.221-241
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• 1998

Though the arbitration agreement is a means to resolve disputes autonomously in essence, the Principle of Parties Autonomy and the Principle of Free Contracting can not be applied infinitely without any limitations but subject to the Public Policy and the Compulsory Provisions as established by an interested country. Such principle of law is applied to international arbitration agreements as well, but their validity should be determined by different standards from those in domestic arbitration agreements, in consideration of their internationality. The essential effect of arbitration agreement is to exclude from the jurisdiction of State courts. Depending upon definition of the legal nature of arbitration agreement, the range and contents of the effect of such agreement will vary. Whether State courts can intervene in claims related to Compulsory Provisions is an issue at the level of legislation policy which can not be easily concluded. But, the applicability of Compulsory Provisions can not serve as an imperative ground to deny the eligibility of claims for arbitration, so far as such claims can be disposed of by the parties. On the other hand, it is reasonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution to be delegated to arbitrator, so that the Principle of Parties Autonomy can be widely applied throughout the arbitration procedure as well as with other legal acts on private laws. With this, the parties can enjoy an arbitration award appropriate for characteristics of a specific arbitration agreement, thus resulting in facilitating the use of arbitration procedure for international trade activities. To conclude, the Public Policy and the Compulsory Provisions as limitations on arbitration agreement should be applied to such an extent that they can protect States basic moral faith and social order.

• Journal of the Korean Society of Marine Environment & Safety
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• v.4 no.2
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• pp.69-83
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• 1998

Sea transportation has long been a vital component of the transport systems of the world. The great majority of imports and exports to and enlarge their national merchant marines. This effort is meant partly to arrest earlier trends of having their trade carried by ships from outside the region and partly to promote regional integration and improve the national balance of payments. However, sea transportation has been exposed to various types of threats on the high seas, in coastal waters and in port areas. Piracy is any robbery or other violent action, for private ends and without authorization by public authority, committed on the seas. Because piracy has been regarded as an offense against the law of nations, the public vessels of any state have been permitted to seize a pirate ship, to bring it into port, to try the crew(regardless of their nationality or domicile), and, if found guilty, to punish them and to confiscate the ship. Piracy has occurred in all stages of maritime history. The increased size of merchant vessels, the improved naval patrolling of most ocean highways, the regular administration of most islands and land areas of the world, and the general recognition by governments of piracy as an international offense resulted in a great decline in piracy in the 19th and 20th centuries. Piracy has, however, occurred in the 20th century, and the practice of hijacking ships has developed into a new form of piracy. The number of incidents of sea piracy against ships reported was 229 in 1997. Since 1991, 1,051 such acts have been reported. The purpose of this research is to examine the origin and development of the piracy to understand the current situation of such violence on the seas. In addition, what should be done by international community will be presented to prevent the piracy in the future.

• International Area Studies Review
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• v.22 no.2
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• pp.93-119
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• 2018

During the period from 2004 to 2013, the China's automobile consumer protection policy-making reflected interest articulation and aggregation among consumers, manufacturers, car dealership and repair companies. In particular, consumers has succeeded in articulating their interests in spite of their dispersed situation by making the efforts to present regulation's revision agenda through the China Consumers Association. And the car dealers put the right to blame the car manufacturers for unexpected vehicle defects into the final regulation through the China Automobile Distribution Association. Finally, due to the active interest articulation of automobile companies, policy making process was delayed or policies that were expected to benefit consumers were promoted to some extend. Therefore, it can be seen that there is a limit to define state-society relations in China simply as state corporatism, and rather it is more important to understand state-society relations in China as between state corporatism and societal corporatism including bottom-up interest articulations and aggregations and policy modification activities of various private or societal organizations.