• Ocean policy research
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• v.33 no.2
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• pp.83-119
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• 2018

Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

• The Korean Journal of Archival Studies
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• no.18
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• pp.281-315
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• 2008

This paper reviews recent records issues surrounding former president Roh Moo-Hyun's private possession of the copies of the presidential records in Korea. While the former president transferred his records to the National Archives of Korea, he copied his electronic presidential records and kept them in his house after the term. His retention of the "records copies" arouse critical records issues and criminal charges. In this paper, I examined the definition of presidential records and legal status of records copies, authenticity of electronic copies of public records in public and private records systems, nature and scope of presidential privilege of access to his records, and most importantly, political neutrality of national archives. I examined these issues comparing with foreign experience, especially that of the United States which has the Presidential Records Act like Korea. All issues are examined in the professional spirit of archives principles and archives ethics. Legal status of the electronic copies of presidential records is not firmly established and the criminal charge seems groundless. However, it is against public archives principles and ethics that private former president privately possesses and manages private information and national security information held in the electronic copies of the presidential records. Presidential Records Act of Korea provides an effective tool to protect the presidential records for 15 years and it should be respected. It is time to consolidate the public records management institutions in Korea, not to disintegrate them.

• 한국HCI학회:학술대회논문집
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• 2008.02b
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• pp.558-564
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• 2008

The study aims to examine the UCC (User Created Contents) Copyright which use the broadcasting contents. UCC are classified by UGC(User Generated Contents), UMC(User Modified Contents), and URC(User Recreated Contents). Especially UMC and URC correspond to a problem of copyright. Following the Copyright Protection Center investigation in 2006, it reported that 83.7% UCC are infringement of copyright. In spite of remarkable the UCC copyright problem, the concrete resolution does not exist. Also it is difficult to apply the offline legal conformity because of online nature of the UCC. The study observes the UCC copyright dispute instances which use the broadcasting contents and investigates a resolution of the UCC copyright. Considering the online media nature, it tries to analyse CCL(Creative Common License) as the ODR(online Dispute Resolution). It is meaningful to search the possibility of UCC copyright problem through the online technical embodiment.

• Journal of Korean Society of Forest Science
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• v.103 no.1
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• pp.137-146
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• 2014

We have developed the Forest Carbon Sink Index on afforestation and reforestation activities, a regulation stated in article 26 of the 'Law on the maintenance and enhancement of carbon sink (Carbon Sink Law)', which took effect on March, 2013. According to the legal purpose to evaluate the performance of individual forest carbon offset projects and to compare each other at a certain point, values of the forest carbon sink index were calculated by the scoring method. Three criteria were established based on the Carbon Sink Law: 'Carbon' (real greenhouse gas reduction), 'Human' (socio-economic effect) and 'Nature' (environmental effect). Continuously, 9 indicators from the three criteria were selected by top-down approach; the adequacy of each criteria and indicators were reviewed through on-line Delphi survey; and finally weighted value of each criteria and indicators were assigned. To reflect the characteristics of the domestic forest carbon offset projects, which focus on corporate social responsibility-typed projects, we applied the score weighting method to minimize gaps among criteria and ones among indicators. After applying our newly developed forest carbon sink index to five domestic forest carbon offset projects, we could confirm that the criteria of 'Human' and 'Nature', which criteria are in relatively low weight, can play a role as an actual incentive to reduce negative socio-economic and environmental impacts. Based on performance evaluation of the five forest carbon offset project by the forest carbon sink index, the best or good performance project developers could be rewarded, and further the performance evaluation would work as an incentive to stimulate the involvement of domestic project developers in the field of forest carbon offset project.

• The Korean Journal of Archival Studies
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• no.32
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• pp.45-78
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• 2012

The significance of Presidential Impeachment in 2004 is subject to interpretations in many different contexts, but its nature as its justice was the constitutional trial by the nation's impeachment system. This study set out to compare and analyze the understanding of the event centered around its nature as "an impeachment event as a public activity" and the records related to it. For that purpose, the study attempted to analyze the impeachment event to understand it as a public activity and examined and analyzed the records of the impeachment event in the public domain through personal visit, phone interview, and request of information disclosure based on the analysis results. An impeachment event as a public activity can be understood as an activity carried out by the National Assembly, which is to issue a motion for impeachment under the norms of the nation's impeachment system, and Constitutional Court, which is responsible for impeachment trial, through their unique rights prescribed in the Constitution. The important subjects of such a public activity included the accused president, the acting presidential system created by the motion for impeachment, and the National Election Commission that provided a decisive ground for impeachment. It was confirmed that the records, which are legal requirements, were well created and have been preserved and managed in the public domain. However, it was difficult to conclude that the records of the impeachment event were thoroughly created in terms of content in relation to affairs as they mainly covered the superficial treatment processes and the results of explicit activities. There was, in particular, the absence of records showing the context of activity.

• Journal of Legislation Research
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• no.54
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• pp.71-110
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• 2018

Starting from the agenda that we should determine the function of local government at each level in order to facilitate decentralization, this article is dedicated to demonstrating problems in the practice of Korean legislation today. On the one hand, in the "local autonomy act", the local governments' function is designated by the term "affairs of local governments" which includes autonomous duites and the duties delegated by the State to local governments. Meanwhile, all of acts by which governments are granted the power of execution, upon the principle of "the reservation of law", does not distinguish the nature of each authority as well. On the other hand, as regards the legal status of the territorial collectivity, the practice in the legislation does not clearly distinguish between territorial representation and national delegation. If we want to achieve the decentralization, we should reevaluate and determine EVERY authority and responsibility of administrative service in terms of its nature whether it is for the local diversity or for the standardization of public service in the State. In following, we should have the terminology by which we can designate the territorial collectivity which is distinguished from the national organ at the local level in the legislation.

• (The) Research of the performance art and culture
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• no.39
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• pp.581-607
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• 2019

Noting that exorcism play and mask play are different in their ritual nature, this paper aims to examine their ritual through the social drama theory of Victor Turner, a cultural anthropologist. Turner views every incident in human history as a social drama and interprets it based on the four-step structural theory of breach, crisis, redressive action, and reintegration. In particular, he believes that the redressive phase takes place through a ritual solution rather than a legal or political solution in the village community. Based on such Turner's theory, Chapter 2 analyzes Yeonggamnori, Jeju's typical exorcism play, and explains the process leading to reintegration in accordance with peaceful ritual. Chapter 3 then analyzes the Puppet Play on the same principle and examines that redressive action is being resolved through a sacrificial ritual in the case of this play. Chapter 4 checks whether the results from the previous two plays show similar aspects in other traditional plays. To this end, the exorcism play will be analyzed for Jeju's Seocheon Flower Play, Junsangnori, Segyeongnori and Sanshinnori, while the mask play will include Bongsan Mask Dance, Yangju Byeonsandae Play, Goseong Ogwangdae and Hahoe Mask Dance. As a result of these studies, it is the main point of the study to prove that exorcism play and mask play are different in their ritual nature. However, this research is only in the stage of seeking differences in its ritual, and the review on the historical and social causes of differences is left as a research task at a later date.

• Journal of Environmental Impact Assessment
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• v.4 no.3
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• pp.55-61
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• 1995

The European Community (EC) began dealing with the subject of environmental impact assessment (EIA) in the mid-1970s. After ten years of preparatory work and more than 20 draft versions, the EC Council of Ministers adopted, in 1985, the Directive on the assessment of the effects of certain public and private projects on the environment (85/337/EEC). This directive requires the member states to make EIA mandatory for certain projects. Its Article 3 defines the purpose of the instrument: "The environmental impact assessment will identify, describe and assess the direct and indirect effects of a project. There are no rules on scoping or on post-project analysis. However, member states are free to adopt, in their domestic legislation, more stringent rules regarding the scope and procedure of EIA. Consequently, they have developed national EIA systems which differ considerably from each other. Also, EIA practice in each of these countries is different from that in the others. In 1992, the EC Council adopted the 'Flora, Fauna, Habitat' Directive which lays down an additional EIA requirement. Member states will have to develop a network of 'European' nature conservation areas. Each project or plan possibly endangering these areas will have to be assessed whether it is in line with the protection purposes laid down for them. Although the directive does not say so explicitly, this means that a kind of EIA will have to be carried out for those projects and plans. For several years, the Commission has been developing proposals for a directive on EIA of plans and programmes ("strategic EIA"). This would supplement directive 85/337/EED, and would require and EIA for plans and programmes influencing decisions on specific projects(e.g. agricultural plans or energy programmes). At present, procedural and methodological questions of strategic EIA are being discussed extensively both within and without the European Union.

• The Journal of Fisheries Business Administration
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• v.15 no.1
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• pp.1-57
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• 1984

The fisherman has been playing the roles of forming the fisheries village and surviving the fisheries production. Therefore, we should understand the nature of the fisherman's successor-cultivation which has been performed in order to maintain equlibrium between the fisheries economy and the national economy. Thesedays, fisherman's successor-cultivation mainly has been undertaken by the government in order to facilitate forming the economic foundation of fisherman's successor who has intended to choose "fisheries" as his own occupation in the future. From the above-mentioned, we find the meaning of the undertaking as both securing the foundation of living permanently and having the worth-while life of a professional fisherman by the survival and growth of his own business. And then, choosing the "fisheries" as an occupation, the successor should be satisfied with the requisites of occupation: 1) maintaining one's living, 2) working out one's individuality, 3) fulfilling one's social role-through engaging in the fisheries. Therefore, in order to have these requisites satisfied, I intend to suggest the followings : Firstly to maintain one's living, the environment of fisheies village should be kept in good condition to facilitate the successor's economic performance. Secondly to work out one's individuality, the fisheries' educational system should be adjusted to improve fisherman's ability. 1 hope to institute "the course of regional fisheries management" in fisheries high school and junior vocational collage, and "the school of fisheries management" for the learning of advanced fisheries knowledge. Thirdly to fulfill one's role, the opportunity actively participating in decision-making of the village's affair should be prepared more sufficiently, and the present fishing-centered fisheries system should be reformed into the fish-farming-centered fisheries system. To do this, the long-perspective vision is necessary. These three suggestions are come out from the macro-view point. Meanwhile the fisherman as an individual to improve his business is from the micro-view point. That is, the public aid, financial and legal, should be prepared. The above-mentioned suggestions are necessary to equalize fisherman's social status with other professional's especially from the result of improving the successor's economic force. Therefore, the principle of cultivating the fisherman's successor should be the principle of social equilibrium. be the principle of social equilibrium.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.17 no.4
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• pp.17-27
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• 2014

Wind power which is one of renewable energies is higher economical efficiency and technical maturity than other renewable energies. Recently, the government of ROK announced to increase the proportion of renewable energy through the National Energy Plan. Also, industry required to deregulate for large-scale wind power as Renewable Portfolio Standard (RPS) is introduced. Wind power whereas the eco-friendly energy, is a serious level of damage of the natural environment and topography when the wind power is located. Therefore, the study selected the indicators required for site selection of wind power and proposed the feasible area for wind power based on wind resource map. We selected the 15 indicators including 12 legal protected area, Ecology and Nature Map, rarity, and connectivity (National Ecological Network). After site selection, we should be considered slope and altitude at the stage of design for wind farm to mitigate the environmental impact. Results of analysis showed that 22.3% of wind resource map is available to locate wind power in real. Through the field survey we had verified the accuracy of the results was significantly correct.