• Journal of Legislation Research
• /
• no.53
• /
• pp.9-59
• /
• 2017

Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

• Ocean and Polar Research
• /
• v.45 no.2
• /
• pp.71-87
• /
• 2023

Climate change causes ocean warming, ocean acidification, sea-level rise, dynamic coastal risk, change of ecosystem structure and function, and degradation of ecosystem services. Not only that, but it has negatively impacted the well-being of people, society, and culture, including food security, water resources, water quality, livelihood, health, welfare, infrastructure, transport, tourism, recreation, and so on, especially by particularly degrading indigenous communities and generating an inequitable distribution of benefits and costs. As pointed out here, these adverse impacts of climate change on the ocean have been emphasized at the international and national levels. In contrast, the ocean field has been neglected in the climate change conversation for too long. However, since the UNFCCC COP 25, the ocean has been drawn into the discussion as a solution to address climate change. Moreover, the U.S. Congress recently unveiled a bill called the 'Ocean-Based Climate Solution Act, OBCSA' that reflects the new paradigm of the international regime. The comprehensive legislative bill includes elements related to climate inequity, a blue economy, and a community-led bottom-up policy mechanism, which will have a significant bearing on the ocean-climate legal system. Therefore, this study reviews the OBCSA and deduces implications with regard to the ocean-climate legal system in Korea.

• Journal of Internet Computing and Services
• /
• v.17 no.4
• /
• pp.145-159
• /
• 2016

This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

• Ocean and Polar Research
• /
• v.24 no.4
• /
• pp.501-524
• /
• 2002

Article 121 of the UNCLOS stipulates the regime of islands and grants different jurisdictions to islands and rocks. Especially, paragraph 3 gives different definitions and distinguishes the legal status of between islands and rocks. That is, rocks, which cannot sustain human habitation or economic life cannot have their own EEZ, continental shelf or the great-sphere maritime jurisdiction. In this paper various theories and state practicess on islands and rocks are examined with reference to Article 121 of UNCLOS. Also, the status of Dokdo as a rock or an island is examined in accordance with the interpretation of Article 121 of UNCLOS. National legislations, practices, and many scientific opinions are often contradictory and controversial with respect to the interpretation of Article 121 of the UNCLOS. However, it is believed that Article 121 of UNCLOS, particularly paragraph 3 has to be interpreted more strictly. That is because the highly developed modem scientific technology can be meaningless when the criteria of Article 121 of UNCLOS are to be inappropriately applied. Insular figures like ${\ulcorner}rocks{\lrcorner}$ could bring the inequitable effects disadvantageous toward the other party when the maritime delimitation is applied. Claiming and Intentionally extending maritime zone of a coastal states by assigning EEZ for small insular figures like ${\ulcorner}rocks{\lrcorner}$ is over-zealous nationalism which is illegal, and such practices must be recognized as actions bringing great harm to the neighboring nations and demise of the sprit of all mankind.

• Journal of Navigation and Port Research
• /
• v.37 no.5
• /
• pp.511-517
• /
• 2013

UNFCCC was adopted in 1992 in order to prevent global warming. However, as a lack of concrete reduction goal and implementation plan, UNFCCC could not have effectiveness. In 1997, Kyoto Protocol to UNFCCC was adopted and UNFCCC regime started practically binding on the parties. Global warming takes the leading role in changing marine environment such as the rising of water level and sea water temperature. Also, Ocean plays the vital role in storing carbon to prevent global warming. Meanwhile ships which get the propulsion generated by consuming the fossil fuel are identified as GHG source and the discussions regarding the control of GHG emitted from ships are still in progress in IMO. IMO instrument has some legal conflicts with UNFCCC in principle. Therefore, this paper reviews the present UNFCCC regime and UNCLOS. Also, it surveys activities of IMO and analyze the Amendment to MARPOL73/78 Annex VI which entered into force on January 1, 2013. Finally, conclusions suggest the improvements in order to ensure effectiveness the new Amendment to MARPOL73/78 practically.

• Journal of Climate Change Research
• /
• v.9 no.2
• /
• pp.181-195
• /
• 2018

On December 12, 2015, the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, in which several developed and developing countries all committed to participating in the reduction of greenhouse-gas (GHG) emissions. South Korea has submitted an intended nationally determined contribution (INDC) proposal with a target to cut down 37% greenhouse gas business as usual (BAU) until 2030 in preparation for the 2030 GHG BAU. Under the post-2020 regime, which will be launched from 2021 as the agreement entered into force early, it is expected that efforts to support GHG reduction and adaptation to climate change in developing countries will be accelerated with the utilization of technologies and financial resources of developed countries. South Korea has established the Basic Plan for Climate Change Response and the Basic National Roadmap for Greenhouse Gas Reductions by 2030 to promote the response to climate change at the government level. The Ministry of Science and ICT, as the National Designated Entity designated by the UNFCCC, has come up with middle and long-term strategies for climate technology cooperation. South-Korea has an abundance of energy-consuming industries to support its export-oriented industrial structure; it is thus expected that achieving the GHG reduction target will incur a considerable cost. Moreover, in order to meet the reduction target (11.3%) of the intended nationally determined contribution proposed by South Korea, it is necessary for South Korea to actively promote projects that can achieve GHG reduction achievements, and financial resources are needed as leverage to reduce risks that can occur in the early stages of projects and attract private sector investment. This paper summarizes the theoretical discussions on climate finance and conducted a comparative analysis on the status of the funds related to climate change response in the UK, Germany, Japan and Denmark. Through this, we proposed the legal and policy tasks that should be carried forward to raise public funds that can be used for creation of new industries related to climate change as well as to reduce GHG emissions in South Korea. The Climate Change Countermeasures Act, which has been proposed by the National Assembly of South-Korea, stipulates the establishment of funds but there is no additional funding except for general account. In this regard, it is also possible to take measures such as the introduction of carbon tax or the collection and use of royalties through technology research and development projects for climate change, such as Industrial Technology Innovation Promotion Act. In addition, since funds are used in various fields such as domestic greenhouse gas reduction, technology development, and overseas projects, it is necessary to establish a system in which various ministries cooperate with the operation of the fund.

• The Korean Journal of Archival Studies
• /
• no.4
• /
• pp.31-62
• /
• 2001

In this paper, I examined specific characteristics of the Tables of Transactions for Records Scheduling(TRS) (記錄物分類基準表 ; Kirokmul-Bulyukijun - Pyo) system by Public Records and Archives Act(PRA Act, No. 5709, 1999). All staffs and employees in governmental agencies of Korea must register, classify and dispose of their official records according to TRS by the Presidential Regulation for the application of PRA Act(No. 17050, 2000). Namely, the criteria of TRS is applicable to all stages of records lifecycle from creation to disposition(transfer to Archives or legal destruction). In the theoretical and methodological area, therefore, it is absolutely important that records managers and archival professionals in Korea make analysis on functions and characteristics of TRS by PRA Act. In the first, my examination take notice of possibility of 'adequate and proper documentation' about activity of the executive organization in TRS system. Other attention is that records management according to TRS means managing of records not only as physical entities but as logical entities which imply content and context of creation and use. In other hand, I wish to account for reasonable separation consideration for continuing utility of archives from current use of records throughout agencies duration Another theme of discussion in this paper is the theoretical framework which give account of TRS's characters. In conclusion, accountability for characteristics of TRS system could have been found in counterproposal view including the concept of Records continuum and the notion of Recordkeeping regime in Australia based on rethinking about Records lifecycle model. In the extent of practical area, more or less, it is imbalanced method that compare TRS by PRA Act to Recordkeeping regime based on Records continuum. Nevertheless, the concept and notion is suitable framework that give account of the prospect of recordkeeping system under PRA Act.as well as the meaningful characteristic of TRS.

• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.2
• /
• pp.155-176
• /
• 2015

Leasing is one of the main methods for Chinese airlines to introduce aircraft from overseas manufactures, and this method has been used for more than 30 years by Chinese airlines. Aircraft leasing in essence is a kind of financial transaction, through which lessors provide finance to lessees by means of the delivery of possession of the leased aircraft. At the time when China started to introduce aircraft through leasing some 30 years ago, the Chinese domestic laws were very insufficient to regulate these activities. Therefore, a construction process for the law of aircraft leasing was triggered then, and some fruit has been gained. By far, there are rules to adjust the aircraft activities in the aspects of contract, real right, default and bankruptcy remedies. However, as the improvement of any system must undergo a process of exploration, the law of aircraft leasing in China is still faced up with many challenges. Especially with the emergence and prosperous of domestic leasing industry, new transaction structures and models of aircraft leasing have emerged, which leaves new challenges to current legal system. On the basis of introducing the history and main contents of Chinese legal regime of aircraft leasing, this paper offers an analysis of achievements and challenges on present Chinese laws in the aspects of contract, real right and remedies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.371-388
• /
• 2016

International air transport for cargo services is a facilitator for various trade sectors and, by itself, an important service industry. Although international air cargo industry is expected to grow continuously, industry stakeholders complain about legal constraints in the industry and demand more liberalized regime. From its birth at the beginning of the 20th century, the airline industry was tightly regulated by governments with a strong tradition of protectionism. In the past few decades, however, protectionism in the airline industry has steadily declined. Indeed, the airline industry is largely in the process of liberalization. Interestingly, it has been easier to liberalize air cargo service than passenger service. Indeed, states have traditionally shown far more willingness to provide market access for foreign carriers carrying cargo than passengers. Given the impact of air cargo service in a state's wider economy and own characteristics of cargo services (i.e. air cargo traffic is inherently one-way, unlike passenger traffic, which tends to involve round trips), more liberalized approach is necessary for air cargo services. Among three approaches: bilateral, regional (block-based) and multilateral, it is desirable to adopt a multilateral treaty (a new multilateral all-cargo agreement) so as to harmonize and simplify complicated trade regulations on air cargo services.

• Journal of Fisheries and Marine Sciences Education
• /
• v.6 no.1
• /
• pp.45-57
• /
• 1994

One of the fundamental duty of the assured in a marine insurance contract is maintaining seaworthiness of the ship insured. Since duty of the seaworthiness of ship is a shipowners implied warranty in the marine insurance, the breach of the duty of seaworthiness by assured is recognized as immunity for the underwriter. This is a measure to protect the underwriter through prevention of unexpected casualties which may be occurred from the unseaworthiness. In the Korean Marine Insurance Act the legal character of the assured's duty of seaworthiness is not clear whether it is a legal duty or contracted one. Accordingly, in this paper the author pointed out that the duty of seaworthiness of the ship should be interpreted according to the English Law. As a conclusion, the hull insurance does not require even implied warranty concerning seaworthiness, since it is recognized as one of implied fundamental warranty of the English Marine Insurance Act. Especially, this issue pointed out is very meaningful and advisable under the consideration of the existing conditions of the marine insurance regime for the distant-water fishing vessels and the catch carriers in Korea.