• Title/Summary/Keyword: Legal works

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A Study on the Practices of Landscape Planning & Design Services in Korea (조경계획.설계 기술용역의 수행실태에 관한 조사연구)

  • 권오준;심경구;김유일;고동완
    • Journal of the Korean Institute of Landscape Architecture
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    • v.21 no.4
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    • pp.113-129
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    • 1994
  • This study is designed to analyze the trends of professional services in Landscape Architecture during the past 5 years(1987-1991) in Korea. The data were collected from 1,117 projects from 56 engineering and landscape architecture firms. The findings are summarized as follows: 1) The projects have been increased annually by 19 percent in numbers and by 47 percent in money terms. 2) The main sources of projects are local governments and corporations. However the private sector comprise 31 percent in projects number and 46 percent in money terms. 3) The public park and tourism site development comprise a half of the projects. Recently recreational forest, golf, amusement and large housing site development have increased very rapidly. 4) In terms of workscope they are devided by 'complex' project which include extensive engineering works and 'simple' project which contain mostly planting design. The former include receational project with average 5 or 6 months contract period, and the later include housing and building site design with 2 or 3 months period. 5) Two types of consulting firms are typical. One is comprehensive engineering firms with urban planning section and few landscape section. The other is specialized professional firms with urban planning or landscape architecture. 50 percent of the project was done by comhensive engineering firms and 60 percent was done by urban planning section. The implication of these findings are broad: Firstly, We have to meet the demands in private secter mostly in recreation and leisure related projects. Secondly, landscape architects and project managers need more professional skills and coordination ability to deal with 'complex' projects. Thirdly, to enhance the quality of professional services it is required to have enough work time and higher service fee through legal and institutional enforcements.

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Lynching and Ethics in Faulkner's Fiction (포크너 소설에 나타난 린칭과 윤리의 문제)

  • Hwang, Eunjoo
    • Journal of English Language & Literature
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    • v.54 no.2
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    • pp.281-299
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    • 2008
  • The main purpose of this essay is to suggest that Faulkner's "pro"-lynching letter published in Commercial-Appeal in 1931 does not contradict his antilynching works such as "Dry September," Light in August, Go Down, Moses, and Intruder in the Dust. In the letter, Faulkner writes, "they [lynching mobs] have a way of being right." The remark has been interpreted as the expression of Faulkner's sympathetic attitude toward lynching mobs; however, it can be also seen as Faulkner's observation and criticism of the southern white people's structures of feeling in his time that stubbornly justified lynching as a way to do justice to black people who did "not" deserve to be a legal subject. This essay argues that Faulkner understood that the legislation of anti-lynching law alone could not save black people from the violence of lynching as far as white people believed that black people were not their equals and that lynching was a right means to fulfill social justice. Faulkner's fictions such as Light in August and Go Down, Moses provide moments in which white male characters feel as if they were social others, and their experiences work as an ethical urge for them to stand up for social others. This essay illuminates how Faulkner depicts the process of white male characters' identity formation as a violent break from his strong tie with black friends, how they reverse the process to blur the border again through the experiences of becoming-other, and how the experience of becoming-other has a potentiality to play the role of an ethical agency in stopping the custom of lynching in the South.

Digital Transformation and Introduction of NFT in the Art Market (미술시장의 디지털 전환과 NFT 도입)

  • ROH, Tae Hyup
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.1
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    • pp.261-269
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    • 2022
  • The advent of the pandemic era due to COVID-19 is causing new changes in all areas of individuals, organizations, society and the country. The art market also faced a crisis due to restrictions on individual movement between regions and countries and social distancing, and even the contents of the work, the way the work is traded, and the propensity and characteristics of the buyer are changing. These demands for change in the art market are accelerating new opportunities for change by converting digital, expanding the online art market, expanding virtual space using VR(Virtual Reality) and AR(Augmented Reality) technology, and expanding the trading area of digital works NFT based on blockchain technology. In this study, the flow of change in the art market brought about by the Pandemic era is analyzed from the perspective of digital transformation. The contents of digital acceptance of the art market are identified through a summary of various types of digital transformation in the art market and a survey of perceptions following the introduction of digital transformation and NFT. Discuss major legal, economic, social, and transactional issues and countermeasures following the introduction of NFT based on blockchain technology in the art market.

Daesoon Jinrihoe in Perspective: New Religions and their Development over Time

  • FRISK, Liselotte
    • Journal of Daesoon Thought and the Religions of East Asia
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    • v.1 no.1
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    • pp.61-79
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    • 2021
  • In this study, Daesoon Jinrihoe is compared with five international new religious movements (The Church of Scientology, The Family International, The Hare Krishna Movement, The Family Federation, and the Osho Movement) concerning the development of charisma and institutionalization, as well as organizational changes and relationship to society. The material consists of previous research about Daesoon Jinrihoe and two interviews with representatives for the group. In many respects the development of Daesoon Jinrihoe has similarities to the international groups. Since its inception, it has changed from a group with charismatic authority to a rational-legal authority, through a development of organizational complexity, initiated by the three consecutive charismatic leaders. Today there is no charismatic leader, but a president who has an administrative function. Similar to several of the international groups, there have been charismatic challenges in Daesoon Jinrihoe on several occasions. Differences to the international groups are mainly related to macrosociological factors in the shape of the occupation of Japan. Daesoon Jinrihoe was against the occupation, but in spite of that worked to keep the tensions with society low, even though the organization at times was forbidden. In the international groups, the tensions to society were generally high, and had different reasons. In several of the international groups the final arrival of children influenced organizational changes: this was not the case with Daesoon Jinrihoe as there had always been children in the group. As in the Church of Scientology, the children are not much engaged in the religious life of Daesoon Jinrihoe, but can join as adults. Today, Daesoon Jinrihoe works as a denomination, with a positive relationship to society partly due to many welfare projects.

Putting Michael McKeon to the "Question": Is Clarissa Harlowe a Prude or Saint?

  • Chung, Ewha
    • Journal of English Language & Literature
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    • v.57 no.6
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    • pp.1131-1149
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    • 2011
  • Michael McKeon, in The Origins of the English Novel, 1600-1740, sets forth a theoretical study of a large canon of seventeenth- and eighteenthcentury works, based upon the dialectic of genre formations, which attempts to analyze certain "instabilities" in generic and social categories- "instabilities" that McKeon identifies as "Questions of Truth" and "Questions of Virtue." In this paper, I argue with McKeon's optimistic reading of Samuel Richardson's work, Clarissa, or The History of Young Lady (1740), which concludes that-unlike Pamela's "manifest material and social empowerment"-Clarissa acquires "manifest discursive and imaginative empowerment" and "wins" (to use McKeon's terms) the "battle" with her antagonist, Robert Lovelace. What is difficult to accept in this reading of Clarissa is McKeon's claim that the "success" of Clarissa's resistance to Lovelace, despite the tragic rape, is evident in her "new-found power" which is represented in the heroine's spiritual "conversion"- her decision to die to protect her "version of truth and virtue." McKeon's spiritual "conversion" not only forces Clarissa to surrender her legal right to prosecute her rapist but also forces her to seek the shelter of her "father's house" in the afterlife because she can no longer "make others accept [her] own version of events as authoritative." Thus, in contrast to McKeon, I claim that Clarissa represents the necessary conditions for its heroine's "empowerment" primarily in language that suggests her manifest social invalidation; language which in particular emphasizes that her rape and torture by Lovelace forces Clarissa's spiritual "conversion" to seek her reward in the afterlife-thereby concluding that Clarissa's discursive and imaginative empowerment does not and cannot exist in the secular, material world.

Results and Implications of Unannounced Supervision of MSDS Implementation Status at Chemical Handling Workplaces (화학물질 취급사업장 대상 물질안전보건자료 제도 이행실태 불시감독 결과 및 시사점)

  • Woo Sub Shim;Yoo Jin Ahn
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.3
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    • pp.265-272
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    • 2023
  • Objectives: Since the material safety data sheets(MSDS) submission and non-disclosure review system was introduced in January 2021, the implementation status of MSDS for chemical manufacturing and importing workplaces being supervised for the first time. Methods: A supervisory team consisting of two labor inspectors and one from the Korea Occupational Safety and Health Agency directly visited the selected workplaces to check compliance with the MSDS system as a whole. Results: As a result of supervising 214 chemical substance manufacturing/importing workplaces, a total of 241 violations of the law were found in 121 workplaces, or 57% of them. In response, the Ministry of Employment and Labor took legal action on 8 cases in 6 locations, imposed a fines totaling of 249.69 million won on 120 chemical handling workplaces, and took action to correct the violations immediately. Conclusions: Major violations were in the order of non-request for warning signs, non-submission of MSDS, non-execution of MSDS training, and non-posting of MSDS. This shows the reality that employers who handle chemical substances are sufficiently communicating chemical information to workers. In the future, the government will actively implement preparation and submission support and system guidance for the implementation of the MSDS system, while making efforts to ensure that the MSDS system works well in the field through thorough on-site supervision in the future.

A Study on Presidential Security Activities of Military Intelligence Investigation Agency - Since the Korean War, from 1950 to the present - (군(軍) 정보수사기관의 대통령 경호활동 고찰: 1950년 한국전쟁 이후부터 현재까지)

  • Choi, Jong-Young;Jung, Ju-Ho
    • 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.

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The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

A Study on the Planning of Nationwide Indexing Services for Korea (전국색인지간행협동체제 편성방안에 관한 연구)

  • Choi Sung Jin
    • Journal of the Korean Society for Library and Information Science
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    • v.12
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    • pp.39-86
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    • 1985
  • The main purpose of the present study is to survey the major iudexing bulletins of national nature in Korea, to define such problem areas as lacunae, duplicates and limitation in coverage in the indexing services currently available in Korea, and to make some suggestions for action for improving the existing indexing services in the light of general principles and the tradition and constraints unique to Korea. The major findings and conclusions reached at this study are summarised as follows: (A) A new indexing bulletin of general nature covering the entire field needs to be created in each of the following fields without an established indexing service available for the outcome of research and development activities in Korea. (1) Philosophy (2) Religion (3) Pure sciences (4) Art (5) Language (6) Literature (7) History (B) A new specialised indexing bulletin needs to be created in each of the following fields where indexing services are heavily utilised but no, or only partial, indexing service is available. (1) Social sciences (a) Statistics (b) Sociology (c) Folklore (d) Military science (2) Pure sciences (a) Mathematics (b) Physics (c) Chemistry (d) Astronomy (e) Geology (f) Mineralogy (g) Life sciences (h) Botany (i) Zoology (3) Applied sciences (a) Medicine (b) Agriculture (c) Civil engineering (d) Architectural engineering (e) Mechanical engineering (f) Electrical engineering (g) Chemical engineering (h) Domestic science (C) Publication of the indexing bulletins suggested in A and B above may be ideally carried on by a qualified and dependable learned society established in the respective fields and designated by the Minister of Education, and should be financially supported from the public fund under the provisions of Art. 27 of the Scientific Research Promotion Act of 1979. (D) The coverage and contents of the four indexing bulletins in the field of banking and financing published by the Library of the Bank of Korea are similar and considerably duplicated. It is, therefore, suggested that the four indexing bulletins are combined in one to form a more comprehensive and efficient bibliographical tool in the field and it is further developed into a general guide to the literature produced in the entire field of economics in Korea by gradually expanding its subject coverage. (E) For the similar reasons stated in D, the Index to the Articles on North Korea and the Catalogue of Theses on North Korea, both publisheds by the Ministry of Unification Library, are suggested to make into one. The Index to the Articles of the Selected North Korean Journals and the Index to the Articles of the North Korean Journals in Microfilm Housed in the Ministry of Unification Library, both published by the same Library, are also suggested to be combined in one. (F) The contents of the Catalogue of the Reports Submitted by Government Officials Who Have Travelled Abroad, published by the National Archives are included in the Index to the Information Materials Related to Government Administration, published by the National Archives. The publication of the former is hardly justified. (G) The contents of the Index to Legal Literature published by the Seoul National University Libraries and those of the Law Section of the Index to Scholastic Works published by the National Central Library are nearly identical. One of the two indexes should cease to be published. (H) Though five indexes are being published in the field of political science and four in the field of public administration, their subject coverage is limited. Naturally, these indexes are little usable to many other researchers in the two fields. A comprehensive index covering all the specialised areas in each field needs to be developed on one or all the existing indexes. (I) It is suggested that the Catalogue of the Scholastic Works on Curricula published by the National Central Library expands its subject coverage to become a more usable and effective index to all the researchers in the field of education. (J) The bimonthly Index to Periodical Articles and the specialised index by subject series published by the National Assembly Library, and the Index to Scholastic Works published by the National Central Library are expected to increase their coverage and frequency of publication to be used more effectively and more efficiently by all users in all fields till the indexing bulletins suggested in this study will fully be available in Korea.

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Principles of Space Resources Exploitation under International Law (국제법상 우주자원개발원칙)

  • Kim, Han-Teak
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.35-59
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    • 2018
  • Professor Bin Cheng said that outer space was res extra commercium, while the moon and the other celestial bodies were res nullius before the 1967 Outer Space Treaty(OST). However, Article 2 of the OST made the moon and other celestial bodies have the legal status as res extra commmercium, not appropriated by any country or private enterprises or individual person, but the resources there can be freely available, as those on the high seas. The non-appropriation principle was introduced to corpus juris spatialis internationalis. Whether or not the non-appropriation principle is binding for the non-parties of the OST, many scholars see this principle as an international customary law, even developing into jus cogens. Article 11(2) of the Moon Agreement(MA) reconfirms the nonappropriation principle of Article 2 of the OST, but it has much less effect than the OST because the MA binds only the 18 parties involved. The MA applies only to the moon and celestial bodies other than the Earth in the Solar System, the OST's application scope extends to the Galaxy because the OST has no such substantive enactment. As referred to in the 2015 CSLCA of USA or Luxembourg's Law of Space Resources, allowing individuals and enterprises run by other countries to commercially explore and utilize the space resources, the question may arise whether this violates the non-appropriation principle under Article 2 of the OST and Article 11 of the MA. In the case of the CSLCA, the law explicitly specifies that sovereignty, possessory rights, and judiciary rights to a specific celestial body cannot be claimed, let alone ownership. This author believes that this law respects the legal status of outer space and the celestial bodies as res extra commmercium. As long as any countries or private enterprises or individuals respect the non-appropriation principle of outer space and the celestial bodies, they could use, exploit it. Another question might be raised in the difference between res extra commercium on the high seas and res extra commercium in outer space and the celestial bodies. Collecting resources on the high seas and exploiting space resources should be interpreted differently. On the high seas, resources can be collected without any obstacles like fishing, whereas, in the case of the deep sea-bed area, the Common Heritage of Mankind principles under the UNCLOS should be operated by the International Seabed Authority as an international regime. The nature or form of the sea resources found on the high seas are thus different from that of space resources, which are fixed on the moon and the celestial bodies without water. Thus, if individuals or private enterprises collect these resources from outer space and the celestial bodies, they might secure a certain section and continue collecting or mining works without any limitation. If an American enterprise receives an approval from the U.S. government, secures the best location and collects resources on the moon, can other countries' enterprises access to this area? How large the exploiting place can be allotted on the moon? How long should such a exploiting activity be lasted? Under the current international space law, these matters might be handled according to the principle of "first come, first served." As a consequence, the international community should provide a guideline or a proposal for the settlement of any foreseeable disputes during the space activity to solve plausible space legal questions in the near future.