• Korean Journal of Environment and Ecology
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• v.22 no.3
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• pp.309-319
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• 2008

Roads are an indicator of anthropogenic activity causing ecosystem disturbances and often lead to habitat fragmentation, habitat loss, and habitat isolation. The Hallasan National Park(153.4$km^2$) on Jeju Island being distinguished for its unique geology, topography, and biota has also been designated as a core area of UNESCO Man and the Biosphere(MAB) Reserve. Although the high conservation value of this park has contributed to a rapid growth of tourists and road construction, landscape changes due to roads have not been examined yet. We used GIS systems to examine the fragmentation pattern caused by roads, in relation to its zonation, elevation, and vegetation. When a buffer was applied to roads(112m width for paved roads and 60m width for both legal and illegal trails), the park consisted of 100 fragments. The ten fragments generated after applying buffer to only paved roads and legal trails ranged from $0.002km^2$ to $38.2km^2$ with a mean of $14.2km^2$, and about 7% of both nature conservation zone and nature environment zone of the park were edge. Fragments in both east and west ends of the park and around the summit exhibited relatively high shape indices with means of 5.19(for 100 fragments) and 7.22(for 10 fragments). All five legal trails are connected to the pit crater of the mountain and vegetation changed from broadleaf forests and conifer forests to grasslands with elevation, consequently resulting in dramatic fragment size reduction in grasslands at high elevation, in particular above 1,400m, where endemic and alpine plants are abundant. These results show that in Hallasan National Park the risks of habitat deterioration and habitat loss due to fragmentation may be more severe in the nature conservation zone dominated by Baengnokdam than in the nature environment zone. Therefore, current road networks of the park appear to fall short of the goal of the national park for ecosystem conservation and protection. Considering that the entire Hallasan National Park also serves as a MAB core area, conservation efforts should focus, first of all, on park rezoning and road management to mitigate habitat fragmentation.

• Journal of Legislation Research
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• no.41
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• pp.43-85
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• 2011

Child and youth welfare law in Korea is vague and complex. In a narrow sense it means the research on the provisions of the Child Welfare Act. In a broad sense it embraces all of the social welfare system regarding to the protection for children and youth. Regardless of the scope of child and youth welfare law it should be cleared what the term of child and youth means in Korean legal regulation. Historically, child protection in Korea was based on the good intentions of individuals to protect war orphan children from poverty or danger after the end of the Korean War. It is the story of the evolving status of children from being viewed as dependant of the parents to becoming rights-based citizens, even not in Constitution. In Korea neither parents nor children have constitutionally recognized right. According to Korean Constitution the parents have only the obligation to educate their children. And the state ist obliged to improve the welfare of the youth(section 34). In compliance with this article there are lots of statutes regulating youth welfare. This article reviews the legal definition of child and youth to test the uncertain definition of child and youth welfare in relation to the treatment of children's and youth's legal status in Korea. According to the Child Welfare Act child is the person under age of 18, while the legal definition of youth oscillates between the person under the age of 19 and the person over the age 9 to the age of 23. As a result child welfare is often used as the synonym of youth welfare, and vice versa. The lack of the arrangement of the legal definition of child and youth is based on the historical reasons that the legal definitions of youth (under the age of 19 or over the age 9 to the age of 23) newly appeared in the statutes regulating youth welfare, whereas the Child Welfare Act still maintained the definition of child under the age of 18. In order to get rid of the confusion of the definition of the child and youth, a part of certain statues should combine with another Act according to the purpose of the individual amended statutes. And the definition of child and youth should be subdivided into 3 or 4 classes, namely infant(0-6), child(7-13), youth(14-18) and young adult(19-26). Furthermore this article proposes a reform of the existing legal system pursuant to the nature of the law, i.g. whether the issued or amended Act takes on a selective(residual) or universal character.

• The Journal of Fisheries Business Administration
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• v.14 no.1
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• pp.19-43
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• 1983

Mankind has made traditional use of various ocean resources in such several forms as fish, plants food, means of transportation, and military purpose, followed by the recent exploitation of offshore subsoil or sea-bed minerals, energies, and utilization of ocean space. These available ocean resources come from the marine natural environment which has a distinct feature in view of the relationship between human wants and their capacity to meet them. Though these socially basic resources however bring forth the so-called scarcity or differential rent, their communal nature of ownership dissipates free gifts of nature endowed to society as a whole. Thus to maximize these rents and social welfare thereof, rents should be secured and preserved through a well-defined arrangements of property-ownership as well as appropriate comparison of competing uses of marine resources, taking full cognizance of their irreversible adverse effects of a specific choice on the alternatives. Here I showed the sources of rent yielded from the multiple uses of navigation, fishery, mariculture, minerals, and recreation site, and also summarized the presently widely-known analytic tool to measure these rents with emphasis on due care of the telescopic faulty of the appraiser in charge, viewed from the communal point, Finally, as communal property is in strict sense owned by the public at large, notwithstanding the restricted communal ownership at government or local governments control, effectiveness of competition I expect should be kept while transferring claims of these resources from the legal owner to private enterprise as well as while extracting their rent by her. In particular, various national or social objectives look forward to tile maximization of social efficiency. Discretionary system in noncompetitive method thus, is exceptionally suggested because of probable suspicion from the public whether these resources are transferred as a give away or not in discretion. And these realized rent payments, I propose, should be wisely taken advantage of in advancement of scientific research in marine nature to bring an incremental rent therefrom successively.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.8 no.1
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• pp.63-72
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• 2005

Chirisan National Park, the first and largest one out of 20 national parks in Korea, is divided into five zones. They are composed of nature preservation zone, natural environment zone, natural residential zone, concentrated residential zone, and collective facility zone. However, the park is not a continuous habitat: roads, trails, local residences, and various facilities created the habitat mosaics severely fragmented. We investigated the fragmentation pattern of the park due to roads and mountain trails using GIS. Based on perimeter length, area, and the ratio of perimeter to area of each patch, we obtained landscape analysis indices which reflect the regularity of the patch shape. The 1 m-wide hiking trails divided the park into 491 fragments. The legal trails with 1.5 m - 3 m width which have been heavily used by hikers generate 58 fragments. Even the nature preservation zone, corresponding to a core zone comprising 31.8% of the park area, was divided into 37 fragments because of the roads and mountain trails. With the different widths of buffer applied, the core sizes of the fragments were reduced. When the 60 m buffer was applied, the patch interior areas ranged from 0.0001 to 47.77 $km^2$ with a mean of 7.08 $km^2$. The landscape shape indices were far greater than 1 for most of the cases with a maximum value of 25. These results clearly indicate that Chirisan National Park is not a continuous habitat, but mosaics of small, irregularly shaped habitat fragments. It is necessary to take the size and shape of the fragmented habitats into consideration when nature conservation is planned, especially for large wildlife such as brown bears.

• Korean Journal of Culture and Social Issue
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• v.29 no.4
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• pp.537-567
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• 2023

This study compared the nature of disgust caused by the crime scene with that by the stereotype of the sexual-minority defendant, and compared the effect of each type of disgust on evidence evaluation and legal judgment. A total of 600 participants (300 men, average age of 44.40) were randomly assigned to sources of disgust (crime scene, sexual minorities defendant, control condition), the existence of additional evidence of innocence (o/x), and the existence of judicial directives (o/x). As a result of the study, disgust under the condition of a cruel crime scene with strong physical disgust was significantly higher than that of the sexual minority defendant, interpreted the evidence in a more guilty direction, and was more prone to_evaluate that the defendant was guilty. It is noteworthy that evidence evaluation was a significant moderating variable between disgust and probability of guilt under conditions where the source of disgust was a sexual minority, but not under control conditions and crime scene condition. It means that the effect of disgust on legal judgment may not be direct when the defendant is a sexual minority. In addition, the existence of the judicial instruction had a significant inverse effect on the sentence. And simple effect analysis found that presenting judicial instruction lowered probability of guilt only under the control condition. This makes it reasonable to infer that disgust derived from the characteristics of the crime scene and the defendant can be recognized as integral emotions that are difficult to correct with instructions. Finally, pity for the defendant was significantly higher under the conditions of sexual minority which shows that an emotional response of sympathy may occur in addition to disgust for sexual minorities. After examining the nature of disgust (physical & moral), legal judgment according to the source and degree of disgust was reviewed. In addition, the meaning of disgust and sympathy for the sexual minority defendant was discussed.

• Journal of the Korean Institute of Landscape Architecture
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• v.52 no.1
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• pp.71-86
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• 2024

Despite the increasing importance of urban parks' ecological functions in dealing with the climate crisis, ecological parks are not clearly defined in Korea's legal system. Numerous ecological parks created nationwide cannot be systematically designated and managed due to various legal bases and varying management authorities. It is important to clarify the legal status of ecological parks in order to lead the ecological paradigm shift of urban parks and to improve the natural park system for a comprehensive and integrated approach to protect the national ecosystem. To this end, related laws were analyzed to identify problems and to draw directions for legislative improvement. Through the literature review of relevant laws, acts, and ordinances, six major directions for improvement were suggested based on the analysis of problems. First, the legal status of ecological parks in the administrative dichotomy of the current park system is ambiguous, and ecological parks should be clarified through the revision of park-related laws. Second, an ecological park can be defined as a sustainable park created and managed in an ecological manner, promoting the protection and restoration of the ecosystem, conservation, and promotion of biodiversity, and balancing nature observation, ecological learning, and leisure activities. Third, the role of the state and local governments should be systematically revised to lead to a new park planning and management model through new governance. Fourth, since the characteristics of ecological parks are affected by individual laws, the possibility of overlapping ecological parks for other uses should be allowed. Fifth, detailed guidelines and standard ordinances need to be enacted to meet the goals, principles, and facilities of ecological parks. Lastly, along with the revision of the laws, ordinances by local governments also need to be more concrete. This study, which tracks various legal realities related to ecological parks, can contribute to policymaking that can systematize the foundation for the creation of ecological parks to preserve nationwide ecosystems and provide citizens with opportunities to experience and learn about nature.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.191-223
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• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

• Korean journal of communication and information
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• v.58
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• pp.106-129
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• 2012

Social Network Service(SNS), which are an emerging form of political architecture, have been a political means to promote civic engagement and shape pubic opinions on social issues. Along with the influence of SNSs, the governmental control on the dissemination of information over SNSs has increased more and more. It would be ideal if the autonomous governance regulates SNSs which facilitate the networks of the dispersed people. It is the fact, though, that compulsory regulations under which the government controls impose policy and legal restrictions on political expressions. The current study addresses expressive and participatory nature embedded in technological characteristics of SNSs and discusses the problems of content regulations of political expression over SNSs. First of all, it is analyzed that light touch regulation or light touch monitoring should be applied to regulating content on SNSs, particularly political expressions. Constitutional Court proclaimed that legal restrictions on the Internet could infringe basic rights of the people and thus under unambiguous standards, the Doctrine of Clear and Present Danger should be applied to its content. Second, it is found that clarifying the definition of illegality in the application of legal restrictions is necessary to minimize the excessive misleading. Third, it is required that Korea Communications Standards Commission under the government control needs to change in determining the scope of illegal information. In a domestic level, there needs to be safeguards for the protection of the self-regulatory organization such as KISO to guarantee voluntary and autonomous regulatory practices.

• Journal of the Korean Society for information Management
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• v.32 no.4
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• pp.55-76
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• 2015

The prior studies on the practical lawyer's information seeking behaviors, including Leckie et al. (1996) model showed that role of the work and nature of the work in attorney's practices had an significant influence on the attorney's information seeking behaviors. This study now asks if these prior analyses can be applicable to attorneys' practices nowadays. This study performed surveys and interviews with 21 practical attorneys in korea who were grouped by their experience period and the size of law firms. This study concludes that role of the work in Leckie et al. model still affects the attorneys' information seeking behaviors today and moreover, the attorney's experience and the size of law firms as variables also have made an impact on attorney's behaviors so far. By the way, this study further finds that the attorneys prefer the digital information in online database and formal information like statutes or case laws. These results are definitely different from them of the prior studies. In addition, this study suggests that the behavior such as meaningful using of the informal information in difficulties with improper information can be kinds of the attorney's information seeking behaviors.

• Korean Journal of Comparative Education
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• v.28 no.3
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• pp.161-183
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• 2018

The purpose of this thesis is to study the Korea's Education Foundation Act and Japan's Education Foundation Act in a comparative way. The frame of comparison consists of three dimension: syntax analysis, way of legal conceptualization, and the educational climate and institutionalization. Major findings are as following: 1. Legal subjectives are clear in Korea but not clear in Japan 2. Civil relationship rules Korean education while public legal order rules Japanese education. 3. Partnership rules Korean education while administrative initiative rules Japanese education. 4. Curricular mandate is given to teachers in Korean education while to administrative hierarchy in Japanese education. 5. Public nature of schools means public credential in Korean education while public monopoly in Japanese education. 6. Professionalism is adopted for Korean teachers while missionary perspective adopted for Japanese teachers. 7. Korean education is expected to be secular while Japanese education is expected to reconcile with the traditional religious belief in Japan 8. Develop education still strongly orients the Korean education while education for sustainable development the Japanese education In summary, civil law frame is adopted in Korean education while in Japan public law frame is adopted in legalizing their Education Foundation Act. National climate influenced the education legislation in the two countries. Japan has strong missionary climate while Korea has secular perspective to education. Thess differences colored the way of literary expression in the legal text of the Education Foundation Act in the two countries.