• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.205-237
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• 2014

Last 50 years there were a lot of space subjects launched by space activities of many states and these activities also had created tremendous, significant space debris contaminating the environment of outer space. The large number of space debris which are surrounding the earth have the serious possibilities of destroying a satellite or causing huge threat to the space vehicles. For example, Chinese anti-satellite missile test was conducted by China on January 11, 2007. As a consequence a Chinese weather satellite was destroyed by a kinetic kill vehicle traveling with a speed of 8 km/s in the opposite direction. Anti-satellite missile tests like this,contribute to the formation of enormous orbital space debris which can remain in orbit for many years and could interfere with future space activity (Kessler Syndrome). The test is the largest recorded creation of space debris in history with at least 2,317 pieces of trackable size (golf ball size and larger) and an estimated 150,000 debris particles and more. Several nations responded negatively to the test and highlighted the serious consequences of engaging in the militarization of space. The timing and occasion aroused the suspicion of its demonstration of anti-satellite (ASAT) capabilities following the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris. Therefore this breakup seemed to serve as a momentum of the UN Space Debris Mitigation Guidelines and the background of the EU initiatives for the International Code of Conduct for Outer Space Activities. The UN Space Debris Mitigation Guidelines thus adopted contain many technical elements that all the States involved in the outer space activities are expected to observe to produce least space debris from the moment of design of their launchers and satellites until the end of satellite life. Although the norms are on the voluntary basis which is normal in the current international space law environment where any attempt to formulate binding international rules has to face opposition and sometimes unnecessary screening from many corners of numerous countries. Nevertheless, because of common concerns of space-faring countries, the Guidelines could be adopted smoothly and are believed faithfully followed by most countries. It is a rare success story of international cooperation in the area of outer space. The EU has proposed an International Code of Conduct for Outer Space Activities as a transparency and confidence-building measure. It is designed to enhance the safety, security and sustainability of activities in outer space. The purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security. Of the space issues, the space debris reduction and the space traffic management require some urgent attention. But the current legal instruments of the outer space do not have any binding rules to be applied thereto despite the incresing activities on the outer space. We need to start somewhere sometime soon before it's too late with the chaotic situation. In this article, with a view point of this problem, focused on the the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris and tried to analyse the issues of space debris reduction.

• Ocean and Polar Research
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• v.37 no.4
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• pp.341-356
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• 2015

A nation has a sovereign right to develop and use its natural resources according to its policies with regard to development and the relevant environment. A nation also has an obligation not to harm other countries or damage environments of neighboring countries as consequences of such actions of developments or use of natural resources. However, international precedents induce a nation to take additional actions not to cause more damages from the specific acts causing environmental damages beyond national borders, when such acts have economic and social importance. That is to say that there is a tendency to resolve such issues in a way to promote the balance between the mutual interests by allowing such actions to continue. A solution to China's Three Gorges Dam dilemma based on a soft law approach is more credible than relying on a good faith approach of national responsibilities and international legal proceedings since the construction and operation of the dam falls within the category of exercising national sovereign rights. If a large scale construction project such as the Three Gorges Dam or operation of a nuclear power plant causes or may cause environmental damage beyond the border of a nation engaged in such an undertaking, countries affected by this undertaking should jointly monitor the environmental effects in a spirit of cooperation rather than trying to stop the construction and should seek cooperative solutions of mutual understanding to establish measures to prevent further damages. If China's Three Gorges Dam construction and operation cause or contain the possibility of causing serious damages to marine environment, China cannot set aside its national responsibility to meet international obligations if China is aware of or knows about the damage that has occurred or may occur but fail to prevent, minimize, reverse or eliminate additional chances of such damages, or fails to put in place measures in order to prevent the recurrence of such damages. However, Korea must be able to prove a causal relationship between the relevant actions and resulting damages if it is to raise objections to the construction or request certain damage-prevention actions against crucial adverse effects on the marine environment out of respect for China's right to develop resources and acts of use thereof. Therefore, it is essential to cumulate continuous monitoring and evaluations information pertaining to marine environmental changes and impacts or responses of affected waters as well as acquisition of scientific baseline data with observed changes in such baseline. As China has adopted a somewhat nonchalant attitude toward taking adequate actions to protect against marine pollution risks or adverse effects caused by the construction and operation of China's Three Gorges Dam, there is a need to persuade China to adopt a more active stance and become involved in the monitoring and co-investigation of the Yellow Sea in order to protect the marine environment. Moreover, there is a need to build a regular environmental monitoring system that includes the evaluation of environmental effects beyond borders. The Espoo Convention can serve as a mechanism to ease potential conflicts of national interest in the Northeast Asian waters where political and historical sensitivities are acute. Especially, the recent diplomatic policy advanced by Korea and China can be implemented as an important example of gentle cooperation as the policy tool of choice is based on regional cooperation or cooperation between different regions.

• Korean Security Journal
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• no.53
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• pp.63-79
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• 2017

Defence Security Command is the only military intelligence and investigation agency which is in charge of safeguarding military information and investigating specific crimes such as subversion and disloyalty in military. While the presidential security provided by Defence Security Command, along with Presidential Security Service(PSS) and the police, forms one of three pillars sustaining presidential security, its works and activities have been rarely known to the public due to the military confidentiality. This study looks into some data specialized into the presidential security among works of Defense Security Command by using various resources such as biographies of key people, media reports, and public materials. It reviews the presidential security works in a historical sense that the works have developed and changed in accordance with the historical changes of Defense Security Command, which was rooted in Counter-Intelligence Corps (Teukmubudae in Korean) in 1948 and leads to the present. The study findings are as follows. First, when the Korean War broke out in 1950 and since then the South Korea was under the threat of the North Korean armed forces and left wing forces, Counter-Intelligence Corps(Bangcheopdudae in Korean) took the lead in presidential security more than the police who was in charge of it. Secondly, even after the Presidential Security Office has founded in 1963, the role of the military on presidential security has been extended by changing its titles from Counter-Intelligence Corps to Army Security corps to Armed Forces Security Command. It has developed their provision of presidential security based on the experience at the president Rhee regime when they could successfully guard the president Rhee and the important government members. Third, since the re-establishment into Defence Security Command in 1990, it has added more security services and strengthened its legal basis. With the excellent expertise, it played a pivotal role in the G20 and other state-level events. After the establishment of the Moon Jaeinin government, its function has been reduced or abolished by the National Defense Reform Act. However, the presidential security field has been strengthening by improving security capabilities through reinforcing the organization. This strengthening of the security capacity is not only effective in coping with the current confrontation situation with the hostile North Korean regime, but also is important and necessary in conducting constant monitoring of the military movement and security-threat factors within military during the national security events.

• Cartoon and Animation Studies
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• s.39
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• pp.451-472
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• 2015

Lian Huan Hua(連環畵) has occurred in the history of China Cartoon was initially developed as a unique literary style of Chinese painting and narrative combined. Also Lian Huan Hua are also tend to form once the fusion 1920s was also a very creative fashion cartoon style. This is also referred to as chain cartoon. In 1950-1960, China 's Lian Huan Hua also mature a 'golden age' legal group reaches to indicate the unique formal features developed independently. This work is a dramatic expression of Lian Huan Hua narrative, shows a more realistic representation techniques and art forms such as portraiture is a very big breakthrough was achieved artistic maturity of the work increased significantly. by He You Zhi(賀友直) and by Hau San Chuan(華三川) is a masterpiece of artistry and maturity in the period leading side. Chapter 2 looked at the origin and development of Chinese Lian Huan Hua, it was seen by the fact that China achieved new progress in Lian Huan Hua upset every time the combination of content and form, In addition, the work of 1950-1960 in the development process of China's Lian Huan Hua confirmed the fact that they won the biggest achievement in artistry and maturity surface. Therefore, Chapter 3 how 'golden age' masterpiece of and the dramatic narrative of expression by analyzing a specific angle in the multifaceted image of the , realistic portraiture, such as the acquisition of Chinese concrete artistry Lian Huan Hua I want to show. Analysis of the figures depicting nature, landscape screens. consisted of highlights and background and techniques of utilization, production methods. The purpose of this research work is to identify two conditions of great Lian Huan Hua through analysis of concrete work and painting techniques such as framing and directing the Lian Huan Hua's artistic achievements is to investigate the influence of China in the early comics. These two works are focused on a realistic view of life and put out was to create a more effective representation of information it attempts to pass a new production techniques and will have the significance. Also completed was a new style absorbed throughout the aesthetic advantages are compelling own personality writers of Eastern and Western paintings are remarkable in that its performance. But the difference in the two works represent all types and painting techniques has a the mood of common China's lives.

• Korean Security Journal
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• no.29
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• pp.193-222
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• 2011

Our country successfully hosted the G20 summit in Seoul in November, 2010. Afterwards, however, the Yeonpyungdo shelling incident took place by the North, and the North Korean nuclear issue have strained interKorean relations. Our country is going to host the nuclear security summit, which is of great significance at this point of time. The nuclear security summit is to be attended by 47 countries. The participant countries of this summit is larger in number than those of the ASEM, APEC and the G20 summit that our country has ever hosted. That is a large-scale international conference that invites the UN, the IAEA and the EU, which are three major nuclear-related international organizations. A successful hosting of the nuclear security summit will serve as an opportunity to boost our country's national prestige, and is likely be beneficial to the settlement of the North Korean nuclear issue. Like other international submits in foreign countries, however, violent anti-globalization demonstrations are expected to occur when the nuclear security summit is held in April next year. The purpose of this study was to make a case analysis of demonstrations during multilateral international conferences hosted by foreign countries over ten years between 1999 and 2009, to examine the controversial points over the demonstrations, and ultimately to seek ways of ensuring safety against possible assemblies and demonstrations during the forthcoming nuclear security summit, which is scheduled to be held in April next year. The findings of the study on feasible security measures are as follows: First, information and intelligence gathering should be reinforced, and the inspection should be stepped up. Second, pacification among domestic NGOs and the supplementation of the existing legal devices are required. Third, publicity should be strengthened. Fourth, riot police officers should be selected as early as possible to bolster their education and training, and more reinforced emergency measures should be taken. It's needed to seek assistance from the military as one of emergency measures, and national defense readiness should be bolstered across the nation in collaboration with the Ministry of National Defense when the summit is near at hand. Finally, CBR countermeasures should be taken in preparation for CBR terrorism.

• Journal of Food Hygiene and Safety
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• v.30 no.3
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• pp.217-226
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• 2015

This study was conducted to establish a standardized process for developing food safety health indicators. With this aim, we proposed a standardized process, accessed the validity of the suggested process by performing simulations, and provided a method to utilize the indicators. Developing process for domestic environmental health indicators was benchmarked to propose a standardized process for developing food safety health indicators, and DPSEEA framework was applied to the development of indicators. The suggested standardized process consists of an exploitation stage and a management stage. In the exploitation stage, a total of 6 procedures (initial indicators suggestion, candidate indicators selection, data availability assessment, feasibility assessment, pilot study, and final indicator selection) are conducted, and the indicators are routinely calculated and officially announced in the management stage. The exploitation stage is operated by an interaction between a task force team who manages the overall process, and an advisory committee (minimum of 4 in academia, 2 in research, 4 in specialists of Ministry of Food and Drug Safety) who reviews and performs evaluations on the indicators. The standardized process was simulated with 45 initial indicators, and total of 4 indicators (17 detailed indicators) were selected: 'Proportion of domestic fruit/vegetable receiving 'acceptable' in the evaluation of pesticide/herbicide residues', 'Food-borne disease outbreaks', 'Food-borne legal infectious disease incidence', 'Salmonellosis incidence'. Synthetic food safety health index was derived by calculating percent difference with the data from 2010 to 2012. Results showed that when comparing the year 2010 to 2011, and 2011 to 2012, the overall food safety status improved by 10.37% and 9.87%, respectively. In addition, the contribution of indicators to the overall food safety status can be determined by looking into the individual indicators, and the synthetic index may be illustrated to enhance the ease of interpretation to the public and policy makers. In overall, food health safety indicators can be useful in many ways and therefore, attention should be drawn to conduct further studies and establish related legislations.

• 한국사회정책
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• v.25 no.2
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• pp.367-402
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• 2018

This study analyzed the relationship between the act on the guarantee of rights of and support for persons with developmental disabilities(Act for PWDD) and the similar ordinance of the local governments based on this law and focused on the correspondence(the rate of reflection) and the autonomy(differentiation). As of October 2017, 63 local government regulations and Act for PWDD were analyzed in this study. The results of the analysis are as follows: First, the rate of reflection in the ordinance of Act for PWDD was different according to the clause. In the aspect of emphasizing welfare support, the agreement between local ordinance and rate was high. While the Act for PWDD emphasized the rights of persons with developmental disabilities, there was little information about their right in the ordinance of local governments. This is evidence that current ordinance is based on the protective point of view for people with developmental disabilities. In the future, policy measures will be needed to ensure that respect for decision-making by persons with developmental disabilities and rights guarantees are included in the bylaws. Second, there is a provision that the rate of ordinance reflection is 0%, which may be guaranteed by other laws in the area, so it does not mean the absence of related system in the region, but there is possibility of institutional blind spot. In the future, consideration should be given to the complementarity of other legal systems in the area with developmental disabilities, so that persons with developmental disabilities should not be placed in institutional blind spots. Third, the autonomy(differentiation) of local ordinance was examined from the contents aspect and the administrative aspect to help practical implementation. The differentiation between the ordinances vary. Emphasizing the responsibilities of the head of the organization, emphasizing the fact-finding survey, setting up the welfare committee, or adding local needs were included to the ordinance. Local governments considering the enactment of ordinances in the future should refer to these cases and establish enactable local ordinances that take advantage of the characteristics of local autonomy.

• The Korean Journal of Archival Studies
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• no.55
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• pp.39-71
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• 2018

The purpose of this study is to examine the reality of the records management of the National Assembly members and suggest a desirable alternative. Until the Public Records Management Act was enacted in 1999, the level of the records management in the National Assembly was not beyond that of the document management in both the administration and the legislature. Rather, the National Assembly has maintained a records management tradition that systematically manages the minutes and bills since the Constitutional Assembly. After the Act was legislated in 2000, the National Assembly Records Management Regulation was enacted and enforced, and the Archives was established in the form of a subsidiary organ of the Secretariat of the National Assembly, even though its establishment is not obligatory. In addition, for the first time, an archivist was assigned as a records and archives researcher in Korea, whose role is to respond quickly in accordance with the records schedule of the National Assembly, making its service faster than that of the administration. However, the power of the records management of the National Assembly Archives at the time of the Secretariat of the National Assembly was greatly reduced, so the revision of the regulations in accordance with the revised Act in 2007 was not completed until 2011. In the case of the National Assembly, the direct influence of the executive branch was insignificant. As the National Assembly had little direct influence on the administration, it had little positive influence on records management innovation under Roh Moo-Hyun Administration. Even within the National Assembly, the records management observed by its members is insignificant both in practice and in theory. As the National Assembly members are excluded from the Act, there is no legal basis to enforce a records management method upon them. In this study, we analyze the records management problem of the National Assembly members, which mainly concerns the National Assembly records management plan established in the National Archives. Moreover, this study proposes three kinds of records management methods for the National Assembly members, namely, the legislation and revision of regulations, the records management consulting of the National Assembly members, and the transfer of the dataset of administrative information systems and websites.

• Korean Journal of Heritage: History & Science
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• v.52 no.3
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• pp.252-269
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• 2019

Since the inauguration of the Kim Jong-un regime in 2012, the safeguarding and management system of cultural heritage in the Democratic People's Republic of Korea (DPRK) has been changing to a form similar to that of a democratic country's legal system. In addition, the National Authority for the Protection of Cultural Heritage (NAPCH) has continuously recorded and cataloged intangible cultural heritage elements in the DPRK, listing Arirang, kimchi-making, and ssireum on the UNESCO Intangible Cultural Heritage Representative List. In particular, the multinational nomination of ssireum in October 2018 is symbolic in terms of inter-Korean exchanges and cooperation for peace and reconciliation, raising expectations for the further multinational nomination of the two Koreas' intangible cultural heritage. Currently, South Korea lists 20 items on its Representative List of the Intangible Cultural Heritage of Humanity, three of which are shared by various countries with multinational nominations such as falconry, tug-of-war, and ssireum. However, when comparing the process of applying for multinational nomination in the three elements that follow, it is necessary to discuss whether these cases reflect the nature of multinational nomination. In particular, in the case of ssireum, without a working-level consultation between the two Koreas to prepare an application for a multinational nomination, each applied for a single registration; these applications were approved exceptionally as a multinational nomination by the Intergovernmental Committee under the leadership of the Secretary-General of UNESCO, and no bilateral exchanges have taken place until now. This is symbolic, formal, and substantially similar to the individual listings in terms of the spirit of co-listing on the premise of mutual exchange and cooperation. Therefore, the only way to strengthen the effectiveness of the multinational nomination between the two Koreas and to guarantee the spirit of multinational nomination is to request multilateral co-registration, including the two Koreas. For this, the Korean government needs a strategic approach, such as finding elements for multilateral co-listing; accumulating expertise, capabilities, and experience as a leading country in multilateral co-listing; and building cooperative governance with stakeholders. Besides, to reduce the volatility of inter-Korean cultural exchanges and cooperation depending on political situations and the special nature of inter-Korean relations, measures should be taken toward achieving inter-Korean cultural heritage exchanges and cooperation under a multilateral cooperation system using UNESCO, an international organization.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.239-282
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• 2019

The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.