• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.139-161
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• 2009

The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.28 no.3
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• pp.72-84
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• 2010

This study was attempted in order to offer basic data for implementing and applying Samjonseokjo(三尊石造), which is one of traditional stone construction method, by confirming how the constructive principle is expressed such as proportional beauty, which is contained in the modeling of Triad of Buddha Carved on Rock that was formed in the period of the Three States, centering on Triad of Buddha Carved on Rock in Susan. The summarized findings are as follows. 1. As a result of analyzing size and proportion of totally 17 of Triad of Buddha Carved on Rock, the average total height in Bonjonbul(本尊佛) was 2.96m. Right Hyeopsi(右挾侍) was 2.19m. Left Hyeopsi(左挾侍) was 2.16m. The height ratio according to this was 100:75:75, thereby having shown the relationship of left-right symmetrical balance. The area ratio in left-right Hyeopsi was 13.4:13.7, thereby the two area having been evenly matched. 2. The Triad of Buddha Carved on Rock in Seosan is carved on Inam(印岩) rock after crossing over Sambulgyo bridge of the Yonghyeon valley. Left direction was measured with $S47^{\circ}E$ in an angle of direction. This is judged to target an image change and an aesthetic sense in a Buddhist statue according to direction of sunlight while blocking worshipers' dazzling. 3. As for iconic characteristics of Buddha Carved on Rock in Seosan, there is even Hyeopsi in Bangasang(半跏像) and Bongjiboju(捧持寶珠) type Bosangipsang. In the face of Samjon composition in left-right asymmetry, the unification is indicated while the same line and shape are repeated. Thus, the stably visual balance is being shown. 4. In case of Triad of Buddha Carved on Rock in Seosan, total height in Bonjonbul, left Hyeopsi, and right Hyeopsi was 2.80m, 1.66m, and 1.70m, respectively. Height ratio in left-right Hyeopsibul was 0.60:0.62, thereby having been almost equal. On the other hand, the area ratio was 28.8:25.2, thereby having shown bigger difference. The area ratio on a plane was grasped to come closer to Samjae aesthetic proportion. 5. The axial angle of centering on Gwangbae was 84:46:50, thereby having been close to right angle. On the other hand, the axial angle ratio of centering on Yeonhwajwa(蓮華坐: lotus position) was measured to be 135:25:20, thereby having shown the form of inequilateral triangle close to obtuse angle. Accordingly, the upper part and the lower part of Triad of Buddha Carved on Rock in Susan are taking the stably proportional sense in the middle of maintaining the corresponding relationship through angular proportion of inequilateral triangle in right angle and obtuse angle. 6. The distance ratio in the upper half was 0.51:0.36:0.38. On the other hand, the distance ratio in the lower half was 0.53 : 0.33 : 0.27. Thus, the up-down and left-right symmetrical balance is being formed while showing the image closer to inequilateral triangle. 7. As a result of examining relationship of Samjae-mi(三才美) targeting Triad of Buddha Carved on Rock in Susan, the angular ratio was shown to be more notable that forms the area ratio or triangular form rather than length ratio. The inequilateral triangle, which is formed centering on Gwangbae(光背) in the upper part and Yeonhwajwa(lotus position) in the lower part, is becoming very importantly internal motive of doubling the constructive beauty among Samjae, no less than the mutually height and area ratio in Samjonbul.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.29 no.3
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• pp.106-115
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• 2011

This study, based on (edited in 18th century), analysed the landscape system and cultural landscape elements of Yuhoidang(Hageowon 何去園) Garden in Musu-dong, Daejeon, and the findings are as in the following. YuHoidang(Gwon Yijin 權以鎭) managed Hageowon Garden in Musu-dong, located on the southern branch of Mt. Bomun, to realize his utopia. The completion of Hageowon Garden was only possible due to his installation of a variety of facilities in family gravesite on the hill behind his house: Shimyoso(Samgeunjeongsa 三近精舍, in 1707), Naboji(納汚池, in 1713), Banhwanwon(in 1714) and expended exterior space(in 1727). With regard to the landscape system of the village, the main range of mountains consists of Mt. Daedun, Mt. Odae and Mt. Bomun. The main high mountain of the three is Mt. Bomun, where 'Blue Dragon' hill branches off on the east side(Eungbong), 'White Tiger' in the west(Cheongeun and Sajeong) and Ansan(inner mountain) in the south. The landscape system is featured by 'mountains in back and rivers in front'. The river in the south-west, with its source in Mt. Juryun is called as the 'Stream of outer perfect spot', while the 'Stream of inner perfect spot' rises from Eungbong, passing through the east part of the village into the south-western direction. Banhwanwon Garden(盤桓園) was created with the stream in the east and natural bedrocks, and its landscape elements includes Naboji, Hwalsudam, Gosudae, Sumi Waterfall, Dogyeong(path of peach trees), Odeeokdae(platform with persimmon trees), Maeryong(Japanese apricot tree), springs and observatories. An expanded version of Banhwanwon was Hageowon garden, where a series of 'water-trees-stone' including streams, four ponds, five observation platforms, three bamboo forests and Chukgyeongwon(縮景園) of an artificial hill gives the origin forest a scenic atmosphere. When it comes to semantics landscape elements, there are (1) Yuhoidang to cherish the memory of a deceased parents, (2) Naboji for family unification, (3) Gosudae to keep fidelity, (4) Odeokdae to collect virtue and wisdom, (5) Sumi Waterfall to aspire to be a man of noble character, (6) Yocheondae for auspicious life, (7) Sumanheon and Gigungjae to be in pursuit of hermitic life, (8) Hwalsudam for development of family and study, (9) Mongjeong to repay favor of ancestors, (10) Seokgasan, a symbol of secluded life, (11) Hageowon to enjoy guarding graves in retired life. The spatial composition of Hageowon was realized through (1) Yuhoidang's inside gardens(Naboji, Jucheondang, Odeokdae, Dogyeong, Back yard garden and others) (2) Sumanheon(收漫軒) Byeolup or Yuhoidang's back yard gardens (Seokyeonji, Yocheondae, Sumanheon, Baegyeongdae, Amseokwon and others) (3) Chukgyeongwon of the artificial hill(which is also the east garden of Sumanheon, being composed of Hwalsudam, Sumi Waterfall and Gasan or 12 mountaintops) (4) the scenic spots for unifying Confucianism, Buddhism and Taoism are Cemetry garden in the back hill of the village, the temple of Yeogyeongam, Sansinkak(ancestral ritual place of folk religion) and Geoeopjae(family school). On top of that, Chagyeongwon Garden(借景園) commands a panoramic distant view of nature's changing beauty through the seasons.

• The Korean Journal of Archival Studies
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• no.22
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• pp.157-199
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• 2009

The organization for managing records and archives did not emerge together with the founding of the Chinese Communist Party. Such management became active with the establishment of the Department of Documents (文書科) and its affiliated offices overseeing reading and safekeeping of official papers, after the formation of the Central Secretariat(中央秘書處) in 1926. Improving the work of the Secretariat's organization became the focus of critical discussions in the early 1930s. The main criticism was that the Secretariat had failed to be cognizant of its political role and degenerated into a mere "functional organization." The solution to this was the "politicization of the Secretariat's work." Moreover, influenced by the "Rectification Movement" in the 1940s, the party emphasized the responsibility of the Resources Department (材料科) that extended beyond managing documents to collecting, organizing and providing various kinds of important information data. In the mean time, maintaining security with regard to composing documents continued to be emphasized through such methods as using different names for figures and organizations or employing special inks for document production. In addition, communications between the central political organs and regional offices were emphasized through regular reports on work activities and situations of the local areas. The General Secretary not only composed the drafts of the major official documents but also handled the reading and examination of all documents, and thus played a central role in record processing. The records, called archives after undergoing document processing, were placed in safekeeping. This function was handled by the "Document Safekeeping Office(文件保管處)" of the Central Secretariat's Department of Documents. Although the Document Safekeeping Office, also called the "Central Repository(中央文庫)", could no longer accept, beginning in the early 1930s, additional archive transfers, the Resources Department continued to strengthen throughout the 1940s its role of safekeeping and providing documents and publication materials. In particular, collections of materials for research and study were carried out, and with the recovery of regions which had been under the Japanese rule, massive amounts of archive and document materials were collected. After being stipulated by rules in 1931, the archive classification and cataloguing methods became actively systematized, especially in the 1940s. Basically, "subject" classification methods and fundamental cataloguing techniques were adopted. The principle of assuming "importance" and "confidentiality" as the criteria of management emerged from a relatively early period, but the concept or process of evaluation that differentiated preservation and discarding of documents was not clear. While implementing a system of secure management and restricted access for confidential information, the critical view on providing use of archive materials was very strong, as can be seen in the slogan, "the unification of preservation and use." Even during the revolutionary movement and wars, the Chinese Communist Party continued their efforts to strengthen management and preservation of records & archives. The results were not always desirable nor were there any reasons for such experiences to lead to stable development. The historical conditions in which the Chinese Communist Party found itself probably made it inevitable. The most pronounced characteristics of this process can be found in the fact that they not only pursued efficiency of records & archives management at the functional level but, while strengthening their self-awareness of the political significance impacting the Chinese Communist Party's revolution movement, they also paid attention to the value possessed by archive materials as actual evidence for revolutionary policy research and as historical evidence of the Chinese Communist Party.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.59-89
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• 2009

The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.