• Ocean policy research
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• v.33 no.2
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• pp.147-181
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• 2018

Currently, we are living in the era of the 4th industrial revolution. In the field of shipping industry, the MASS is a revolutionary game changer in the making arising out of such an industrial and technical innovation in the pursuit of radically challenging the pre-existing system of a human-operated vessel. Given this trend, the entire maritime regulatory regime, which has been designed by, and intertwined with, human seaworthiness, abruptly faces the most unprecedented normative confrontations now and increasingly in the coming days. As the constitution of ocean, UNCLOS, provides, every flag state is obliged to effectively exercise its jurisdiction to secure technical and human seaworthiness. Moreover, the coastal state may institute protective proceedings against vessels in respect of any violations of its laws to protect its marine environment in maritime zones of the coastal state. Further, UNCLOS acknowledges that the port state's authority extends to take administrative measures to prevent sub-standard ships from sailing within the ports or offshore-terminals of the state. These three jurisdictional functions will be required to more closely interface with each other than ever over the legal and political implications created by MASS. Although states' jurisdictional nuances are significant in this present world tilting back to protectionism, there are few articles to present jurisdictional issues of states and conceivable normative discourse with regard to MASS. This articles visits potential jurisdictional conflicts underlying MASS and tries to strike balance between contradictory interpretive approaches under UNCLOS while it is undeniable that this doctrinal research tends to strive to find justifications within the current framework of international law.

• Korea Trade Review
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• v.43 no.6
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• pp.25-50
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• 2018

It is an undeniable fact that the counter-guarantees are always exposed to wrongful or fraudulent demands for payment due to its institutional hallmarks and simplicity. Generally counter-guarantees are payable by presenting a written statement indicating that the local guarantor was in receipt of the beneficiary's statement that the principal was in breach of the underlying contract without any proof of any default. No proof of actual payment of guarantee is required. These matters may lead to numerous disputes or conflicts between the parties concerned. These problems raise may legal issues such as a guarantor(or a counter-guarantor)'s dishonor, the wrongful or fraudulent demands for payment, and the fraudulent conspiracy or the acquiescence of the local guarantor in the course of the procedural demand for payment. On the other hand, the guarantor's dishonor or an injunction are sometimes misused as dispute resolution method between parties involved. Therefore, this research analyzed the guarantor's wrongful dishonor and related issues such as an injunction, fraud exception, and others under the counter-guarantee regime focusing on the relevant cases. This paper also suggested practical implications and countermeasures from a business point of view.

• Asia-Pacific Journal of Business
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• v.14 no.2
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• pp.119-139
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• 2023

Purpose - This study is the first field study about the insurance market in North Korea. By analysing the information and the data collected from the visit to North Korea, we introduced the most recent change on the insurance market in North Korea and analyzed the impact of the change of economic policy on the insurance market. This study may enhance the understanding the current situation and provide expectations on the future of the insurance market in North Korea. Design/methodology/approach - This study is based on the field study doen in 2018 to Pyeong Yang, the capital of North Korea, The most information was collected from the legal documents, news papers and academic reports. Findings - During his regime from the year of 2012, Kim Jong Eun, the Supreme Leader of North Korea, initiated the drastic change in economic renovation policy in North Korea by shifting the economic system from the commodity economy to the market economy. Due to the policy, the insurance market in North Korea became marginally privatized and the market of life insurance contracts is expected to be increased if North Korea may resolve the political conflicts between North Korea and the United States and its allies in Asia mainly due to its nuclear testing. Research implications or Originality - Until now, very few studies have been done regarding the financial market in North Korea, especially about the insurance market. Our study provides unique information on the insurance market in North Korea because all the information and its implications are based on the field study in 2018.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.145-167
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• 2016

UN Security Council is entitled to power for determining the existence of the threat to the peace. Specifying the provisions adopted in accordance with the chapter 7 of the UN Charter, its resolution is deemed as document confirming its decision about the threat to the peace. In general, resolutions adopted by the Security Council acting under Chapter VII of the Charter, are considered binding, in accordance with Article 25 of the Charter. Regarding to the terms of the Resolutions to be interpreted, the word "decide" is used as to the suspension of the ballistic missile program, the word "demand" is used as to the stopping of the the launch of ballistic missile, and the word "demand" is used as to return to the missile test moratorium. These provisions may be deemed to determining specific obligations to be imposed upon the States in accordance with the 1967 Outer Space Treaty. On the other hand, the Resolutions may be limited to the decision, not leading to a sort of international legislation, the main purpose of which is to provide a legal basis for international sanctions against Northe Korea. North Korea missile test case has reminded us of continuing discussion about whether the decision of the Security Council lacks the legislative authority due to its decision process. Furthermore, having regard to the outer space and space activities, the outer space law regime would be not compatible with the Security Council decision process in that the former presupposes the agreement among all States parties, while the latter based upon the agreement between Council member States. Therefore, it is premature to consider the Security Council decision as becoming the lex specialis of the space law regime.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.427-468
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• 2015

To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.9-28
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• 2003

The Warsaw Convention of 1929 and the amendments thereto including the Hague Protocol, Montreal Protocols Nos. 1,2,3 and 4, the Guadalajara Convention and the IATA Intercarrier Agreements, which are the rules (as called "War saw System") have played as a major rule in the international air transportation for more than 70 years, will be replaced by the Montreal Convention of 1999 for its effectiveness on November 4, 2003. While a major portion of the Montreal Convention follows the language of the Warsaw System, the Montreal Convention makes significant changes to the scope and extent of the carrier's liability, expands the jurisdictions where the carrier can be sued, and recognizes the effect of code sharing on air carrier liability. The Montreal Convention heralds the single biggest change in the international aviation since the diplomatic efforts in the mid-1920's which resulted in the enactment of the Warsaw Convention. Until now, the legal liability of almost all the international air carriers has been governed by the Warsaw System. The Montreal Convention incorporates provisions of these instruments to create a single document and to set a uniform regime for carrier liability in international transportation. At the same time the issue of the low liability limits of the Warsaw has been resolved to a more satisfactory level in the Montreal Convention. The Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the virtual elimination of the liability limits between the passengers and the airlines will become law by treaty. The airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification. As opposed to the Warsaw Convention, the Montreal Convention has been described to be the one that is no longer a Convention for airlines, but it would serve the interests of both the consumers and the air carriers.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.385-417
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• 2017

Insurances of space activities are divided into satellite insurance, astronaut insurance and third party liability insurance. Against the background of the rapid development of space commercialization, especially the increasing participation of private entities in space affairs, the present international and domestic mechanisms of space insurance are challenged. As a space-faring state which is in the process of developing space businesses, the regulations of space insurance in China are deserved to be discussed. Satellites insurance is at present well-developed, the "pre-launch", "launch" and "in-orbit" phases of satellites are all possible to be insured by related companies. China created the CAIA in 1997 to provide insurance for Chinese satellites. However, with more private entities start to involve in space as well as satellite industry, the regime established under the framework of CAIA is necessary to be modified, and the mechanism relating to space insurance brokers should be promoted. The astronauts are recognized as the envoy of humankind, and relevant international regulations are made to provide assistance to them in emergency circumstances. From the domestic perspective, astronauts will be fully insured. China creates a particular type of insurance for astronauts. However, once space tourism becomes a business, the insurance of the tourist will be demanded to be created. In order to promote China's space tourism, it is recommended to take the "Astronaut Group Insurance" as an optional model to space tourists, if the tourists are customers of a governmental-owned space company. Once private involvement of providing orbital/suborbital tourism service becomes a reality, new rules are required. Getting a third party liability insurance is deemed as an indispensable precondition for an applicant to get a launch permission. Domestic space laws will include provisions for the third party liability insurance. China's "Interim Measures" of 2002 realizes the importance of third party liability insurance and requires the permit holder to get it before entering the launching site. This regulation is different from the practices of other states. Concerning that China is the sponsor of APSCO, for the purpose of promoting commercial space cooperation, a harmonized approach to domestic law is recommended to be found.

• The Journal of Art Theory & Practice
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• no.4
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• pp.203-239
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• 2006

As it is known, during the Second World War Greece has fought on the side of the allies and the end of the war found the country on the winners' side. However, the struggle for authority right after 1945 was merciless and extremely difficult, as well as dangerous for the course of the country to the future. The political powers were divided between the legal authorities that were represented by the king and formed the exiled government on the one hand and the part of the resistance teams and the rebels of the left that had a soviet friendly direction on the other. Thus, the start of a civil war was just a matter of time. It fin ally started in 1947 and lasted for more than two years. The consequences were disastrous for the country's economy and decisive for the future course of Greece. The national army prevailed with the help of, mostly, the English. Royal parliamentary democracy was established with a clear political turn to the west, as a completion and adaptation of the Agreement of the Great Powers at Yalta. Art had a 'similar' route. Dipolar, contradictory: conservative choices on the one side, and a will for pioneering inspiration and perspective on the other side. The 'dominate' trend was first evident in sculpture and mainly in the public monuments. Their construction aimed mostly at the public propaganda and at the promotion of the sovereign ideology. On the one side we have the public sculptures composed of faces of contemporary heroes or leading figures of the civic war and the national resistance. On the other side we have monumental statues mainly that appeal to a 'public' outside of the country's borders and mostly of the north borders, where there are countries with a communistic regime, like Bulgaria, Serbia and Albania. Their subject is derived from the heroic events of the Balkan Wars (1912-1913) and ancient historical figures like Alexander the Great as the Greek army leader, his father, Philippos II and Aristotle, who was of a north-Greek origin. The political message is twofold: on the one side the 'inner enemy' the communists that were defeated and the promotion of the new liberal social system and on the other side the north neighbours, which not only represent the East Block, but they also conspire the history and the culture of the Greeks. This is the way how the 'Cold War' was resulted in a full and totalitarian expression in art.

• The Journal of the Korea Contents Association
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• v.16 no.11
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• pp.369-383
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• 2016

This study aims for strengthening the ability of home visiting care giver by figuring out interpersonal stress of bearing hardships which affect turnover intentions of home visiting care givers and by focusing on mediating effect of burnout. First, in summary, the analysis result was that the age of care givers and the presence of spouse are in relational factors correlated with burnout. Also age and experience of turnover have some connection with turnover intentions. Second, interpersonal stress of burnout and turnover intentions have static correlation. Third, the interpersonal stress represents increasing level of stress of burnout and the intervention of burnout shows static effects on turnover intentions of care givers. Suggestions of this study's results are, first, solution of interpersonal stress which home visiting care givers are facing should be improved by families' support or encouragement. In addition, the more professional and organized job training should be advanced to improve the understanding of various situations and coping skills. Second, the more interest should be need on business characteristics and environmental limitation. Also many centers that support care givers should reinforce their role. Third, to decrease the turnover intention which comes from interpersonal stress, doing some burnout research could be helpful and especially the legal regime which supports the research of burnout is essential.

• Korean Journal of Social Welfare
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• v.60 no.4
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• pp.157-173
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• 2008

Cultural welfare is the cultural activity provided and supported by state, a local autonomous entity, and private organizations to improve the quality of people's life. And as a basic concept as well as a premise of discussion on cultural welfare, cultural right is a social right, a right which can make cultural express, gain access to cultural activities. A statue concerning cultural activities contributed to the promotion of our people's cultural welfare interwoven with cultural right. But laws were made for the purpose of enforcing national policy and supporting regime rather than promoting fundamental human rights, and they became effective and were understood as a mere part of national government, not as perspective of their execution, security of right or realization of them. On the other hand, based on laws concerning social welfare, cultural life means human life consisting of minimum welfare system, and minimum level of life which guarantees least cultural life is becoming an objective standard. This means the standard level of cultural right, and for the handicapped cultural rights are concretely guaranteed as a right in that they will not be discriminated for their approaching to cultural activities. However, laws concerning cultural activities have limitation in that there are ambiguous concept and limitation of cultural life, and there are no concrete and active laws about cultural rights to guarantee cultural life. In a constitution and laws concerning social welfare, cultural welfare must have concrete contents about the range and the level of cultural rights. In order cultural rights to be turned into complete ones which can assert its rights, as seen in the Supreme Court, a court has to try to understand the violation of cultural rights as the violation of legal rights.