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Legal Approach to the Passage Issues of the Cheju Strait (제주해협 통항문제에 관한 법적 고찰)

  • Kim Hyun Soo
    • Proceedings of KOSOMES biannual meeting
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    • 2003.11a
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    • pp.35-44
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    • 2003
  • Considering possible legal and policy problems with regard to the Cheju Strait, a central issue is whether the Cheju Strait should be treated as Korean territorial sea or an international strait The claim that the strait is territorial sea has been based on the use of a straight baseline method of dermarcation With the use of straight baseline, Korea claims that the breadth of the Cheju Strait is only 20.7 miles at its narrowest point and therefore the strait becomes the territorial sea of Korea. The consideration cf marine pollution has weighed heavily in claiming the Cheju Strait as territorial sea. Pollution resulting from the accidents cf tankers caused by fire, collision, or stranding in the Cheju Strait and the Korea Strait would be enormous, affecting the entire coastal waters of the south coasts cf Korea's mainland and Japan's Tsushima Islands areas. Catastrophic pollution in the Cheju Strait could also come from the accidents cf large-size oil tankers passing through the Korea Strait from the Malacca Strait Although the Korean government considers the geographic and socioeconomic conditions sufficient to justify Korea's claim of the Cheju Strait as territorial sea, it believes that declaring it so would raise considerable legal conflicts with maritime states. In view of the legal difficulties and the need to meet the problems arising from the growing vessel traffic in the Cheju Strait, the sea lanes and traffic separation schemes may be considered an alternative to the internationalization of the Cheju Strait Even if the Korean government dose not do so, the regime of innocent passage should be applied to vessels passing through the Strait and should not suspend innocent passage through the Strait. Therefore, the Korean government needs to have a more legal, pragmatic, functional and managerial approach than a purely sovereign and selfish approach to the solution of legal matters of the Cheju strait For this purpose, the UN Convention on the Law of the Sea would serve as a guide and also self-restraint and cooperative approaches would become norms governing the resolution of the law of the sea issues in the Cheju Strait.

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Some Considerations on the Establisment of the Exclusive Economic Zone in Korea (한국의 배타적 경제수역 설정에 관한 연구)

  • 이윤철
    • Journal of the Korean Institute of Navigation
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    • v.17 no.4
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    • pp.1-21
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    • 1993
  • The purpose of this paper is to search for reasonable and fair principles applicable to the delimitation of the Exclusive Economic Zone(which is called the EEZ, hereinafter) around the Korean Peninsula th-rought the comprehensive study of maritime boundary, which is one of the most important issues in the law of the Sea. So far, the sea has been exploited for activities such as fishery, transport and military stratedy, and en-vironmental policy and so on. From this time on, however, it becomes important to us as the major trea-sure-house of various resources which will be developed and used for diversified purposes. For these rea-sons, nowadays, more and more countries of the world are competing to secure waters as much as possible within their jurisdiction. And the regime of the EEZ was created as a result of this international trend. At last, it has been institutionalized as the 200-mile EEZ of a legal notion in the Convention on the Law of the Sea, which was adopted at the Third United Nations Conference on the Law of the Sea, in Jamaica on December 10, 1982. In adapting to this EEZ institution, Korea is faced with several complicated problems as it is bounded on three sides by the sea and all of its neighboring countries such as the PRC, the DPRK, Japan, Russia etc are less than 400 miles away between opposite countries. Therefore, when trying to delimit the boun-dary for the EEZ, it appears necessary to analyze applicable principles and rules of international law for delimitation mainly through the Convention on the Law of the Sea, and studies the trends of actual State practices and recent international precedents. It is hoped that such knowledge will enable Korea to secure sufficient resources and other sovereign rights without conflicting with the neighboring countries concer-ned. For the achievement of the above mentioned object. I analyzed the necessities of the establishment of the EEZ in Korea, the difficulties and practices of Korea's neighbors, and the changes and forthcoming trends in Korea's relations with its neighbors concerned on the basis of the general explanation of the EEZ regime. In conclusion, it is my opinion that for the establishment of the EEZ delimitation which neighbors around the Korean Peninsula should be applied reasonable and equitable principles considering the rele-vant circumstances which characterize the area definitely as well as the UN Convention on the Law of the Sea, 1982.

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Management Strategy of Hospitals in Korea (우리나라 병원의 경영전략 실태)

  • Moon, Ok-Ryun;Lee, Key-Hyo
    • Korea Journal of Hospital Management
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    • v.1 no.1
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    • pp.108-135
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    • 1996
  • This paper investigates the current feature of management strategy of hospitals in Korea, and examines the relationships between adoption of a particular strategic orientation and the hospitals environmental and organizational characteristics, strategic behaviors and management improvement activities, and financial performance. Data were collected from CEOs of 88 hospitals among 650 hospitals for a 13.5% response rate using the self-administered questionnaire by mail survey. The major findings that obtained are as follows: 1. Only 37.2% of response hospitals carried out strategic planning, Most of these hospitals established the first strategic planning in 1991(81.3%) and renovated strategic planning by 4 or 5 years(56.3%), and modified strategic planning with flexibility(59.4%). Most strategic plans were documented, but informalized(68.8%). And only 29.0% of these hospitals had independent planning division. 2. Hospital services that CEOs assessed rank ordered for their impact on profitability are as follows: i)diagnostic ultrasound facility, computerized tomography scanner, obstetric inpatient unit, therapeutic X-ray, and physical therapy at present. ii)diagnostic ultrasound facility, physical therapy, computerized tomography scanner, emergency department, and health screening at future. And the services rank ordered that CEOs hoped to introduce are as follows: emergency department, physical therapy, health screening, volunteer services, and computerized tomography scanner. 3. Using a typology developed by Miles and Snow(l978), the strategic orientation of response hospitals are shifting significantly from defenders in the past to analyzers in the present, and to prospectors in the future(p<.01). 4. With regard to hospital environmental and organizational characteristics such as ownership, physician training, location, bed size, and hospital management training career and specialty of CEOs, the four strategic orientation archetypes varied not significantly. But, hospitals with a analyser orientation in the present and a reactor orientation in the future perceived competition significantly higher than the other three archetypes(p<.05). 5. The four archetypes rank ordered in terms of appling strategic behaviors and management improvement activities are as follows: prospector, analyzer, reactor, and defender. 6. The four archetypes differed significantly in terms of their financial performance using revenue per bed(p<.05). Reactors and prospectors in terms of total revenue per bed, prospectors in terms of outpatient revenue per bed, and reactors and prospectors in terms of inpatient revenue per bed had the best performance.

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Worsening Tension Between the United States and China in the South China Sea, A Sign of 'Thucydides Trap'? (미(美) Lassen 함(艦)의 남중국해(南中國海) 기동(機動)은 '투키디데스 함정'의 전조(前兆)?)

  • Yang, Jeong-Sung
    • Strategy21
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    • s.38
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    • pp.287-320
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    • 2015
  • On October 27, 2015, USS Lassen(DDG82), a 9,200 ton class Aegis destroyer of the United States Navy, began its operations within 12 nautical miles of Subi Reef, one of the seven artificial islands that China has built and claimed sovereignty over. The maneuver was joined by anti-submarine patrol airplanes such as P-8A and P-3. The White House press secretary mentioned that the President of the United States approved the operation. In response, China announced that it warned the US Navy ship about the 'illegal violation' by sending two destroyers(PLAN Lanzhou and Taizhou). This event represents a close call case where tension between the United States and China in the South China Sea might have been elevated to a conflict between the two navies. Moreover, considering that this happened only one month after Chinese president Xi's state visit to the United States, the event shows that the positions of the two countries have become starkly different to the extent that they are so hard to be reconciled. The United States' position is different from those of Vietnam and the Philippines. Countries like Vietnam and the Philippines have been directly involved in disputes with regard to sovereignty claims across the waters in the South China sea. As for the United States, being a third party in the disputes, it still cannot be a by-stander watching the whole waters in the region fall under the influence of China. Accordingly, the United States maintains that all countries bear the rights of innocent passage and military operations in the Exclusive Economic Zones(EEZ) as stipulated by the United Nations Convention on the Law of the Sea(UNCLOS). In contrast, China claims that, historically, the South China sea has been part of China's territorial waters, and that foreign countries are not allowed to conduct military operations within the waters. It strongly accuses that such military operations are illegal. Against this background, this paper tracks the different positions of the United States and China on the issues regarding the South China sea. It also carefully looks at the possibility that, in the process of dealing with the issues, the two countries may get into an armed conflict as the phrase 'Thucydides Trap' predicts.

Tele-metering

  • Hearte, L.O.
    • 전기의세계
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    • v.2
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    • pp.6-14
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    • 1949
  • Telemetering may be described as the art of metering at a considerable distance those quantities which are ordinarily encountered in industry, and in the generation of electric power. It is in the production of electric power that telemetering is particularly important, for it permits the system operator, or load dispatcher, to have before him at all times a continuous graphic record of the power output of each individual generating station together with an automatically made continuous graphic record of the total system output. There desired individual graphic records may be obtained showing power flow in or out, on important tie lines, etc. Such arrangements have the very great advantage that loads may be assigned to each generating station so that the best over-all system economy may be obtained and the system operator at all times may see with his own eyes that loads scheduled are actually held at the various stations. Moreover, with such equipment, in the event of system or station trouble the load dispatcher can see exactly what station, or stations, are affected and to what extent, without having to get in touch with anyone by telephone. Decisions can, therefore, be quickly reached for rescheduling the load. One of the most accurate and reliable telemetering systems is based on the use of potentiometric circuits, the fundamentals of which are discussed below. A member of such telemetering systems have been installed for the Boston Edicon Co., Boston, Massachusetts, the Consolidated Edison Co. of New York City. The Public Service Gas & Electric Co. of Newark, new Jersey. The Philadelphia Electric Co. for Philadelphia, Pennsylvania, and the Pennsylvania Railroad Co. for their electrified zone between New York and Washington a distance of over 200 miles. The scale of the totalizing recorder for the New York area is 3,000,00 KW. That of the totalizing recorder for the Philadelphia area is 2,000,000 KW. The initial installation using this type of equipment described was placed in service for the Philadelphia Electric Co. in 1923. All of the original recording instruments are still in service, later instruments have been added to take care of additions to the power system and naturally these later recorders have incorporated in those refinements in design made since the earlier ones were manufactured. Many other installations of similar equipment have been made in the United States in various locations such as at St. Louis, on the West Coast, at Baltimore and in Washington, D.C. While the use of these basic potentiometric circuits involves the use of continuous metallic circuits of good insulation resistance and free of grounds, nevertheless, intermediate transmission links, involving and impulse method suitable for use on telephone Morse carrier channels is available. This same method may be employed on power line carrier systems and is also suitable for use on beam type microwave transmission. Many impulse type units are also used as a link in these potantiometric methods. For the sake of brevity a description is given only of these basic potentiometric circuits. If there is sufficient interest in Korea, a further paper can be given covering those impulse circuits also.

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The study on the Base point and baseline in Korea, Japan, and China (한반도 주변의 영해기점 및 기선에 관한 연구 - 한국, 중국, 일본을 중심으로)

  • Kim, Baek-Su;Choi, Yun-Soo;Park, Byung-Moon;Jeon, Chang-Dong
    • Spatial Information Research
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    • v.16 no.3
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    • pp.331-342
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    • 2008
  • The countries are trying to expand the sea limit such as the territorial sea, fishing zone or the exclusive economic zone as far as the Law of the Sea permit to do for the benefit of their national interest. Especially, they are eager to claim the base point where it locates far from the coastline even if it is uninhabited island or reef under the sea. The baseline has been claimed to maximize the territorial sea. Another way to expand the sea limit is to lower the vertical datum to change the land limit. China claimed Dongdo which is located about 79 miles far from the coast as the base point. Japan also claimed many uninhabited island or the reef which is located very far from the coast such as Okino Dorishima. As Korea is the party who negotiate the maritime limit with Japan and China, we should be keen and sensitive on the issues claimed by neighboring countries in terms of base point and the baseline. This paper is to review the characteristics of the base points or baselines of neighboring countries and to suggest the views how to maintain and to relocate our base points. As western coast of Korean peninsula is one of the largest tide fluctuation zone in the world, with long tidal record to prove the vertical datum adjustment, Korea can find the way to lower the vertical datum especially in Yellow Sea. So, major and critical tidal station has to be set up along the western coast to verify tide fluctuation record which can be met with international standard.

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Performance evaluation by simulation for the angular luminous intensity distributions of marine lanterns using a tilting aspherical Fresnel lens and a C-8 type light bulb (기울어진 비구면 프레넬 렌즈와 C-8 type 전구를 이용한 해상용 랜턴의 배광곡선 시뮬레이션을 통한 성능평가)

  • Cho Hyun Seok;Jo Jae Heung;Park Seungl Nam;Park Chul Woung;Kim Yong Wan;Kim Jong Tae
    • Korean Journal of Optics and Photonics
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    • v.15 no.6
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    • pp.511-518
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    • 2004
  • Providing marine signal lanterns with advantages of little weight as well as large aperture, a Fresnel lens has been adopted to transfer the beam from the lanterns up to 10 nautical miles (18.53 km). A Fresnel lens with the diameter of 250 mm and 300 mm was designed by a lens design program and optimized by adjusting the groove parameters of the lens. The angular luminous intensity distribution (ALID) of this lens was calculated by using an illumination analysis program considering the ALID of a light bulb. At the best alignment of the bulb, the maximum luminous intensities (MLI) of the lantern were 1000 cd (in the case of 250 mm diameter) and 1300 cd (in the case of 300 mm diameter). These are more than the critical value of 720 cd that is the Korean Standard of MLI for the marine lantern. The ALID was investigated as a function of misalignment from the lens focus to determine the tolerance of the alignment ranges.

On the Abnormal Low Temperature Phenomenon of the Yellow Sea Bottom Cold Water in Summer, 1981 (1981年 夏季 黃海底層冷水의 理想底水溫現象)

  • Yang, Sung-Ki;Cho, Kyu-Dae;Hong, Chol-Hoon
    • 한국해양학회지
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    • v.19 no.2
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    • pp.125-132
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    • 1984
  • The abnormal low water temperature phenomenon of the Yellow Sea Bottom Cold Water in summer, 1981 is studied on the basis of the oceanographical data collected by the National Fisheries University of Pusan in July, 1981 and Fisheries Research and Development Agency of Korea from 1960 to 1981 and meteorological data within the same 22 years. In winter, 1980 the northwesterly monsoon was vary predominant and the air temperature was lower than that of mean year by 1∼8$^{\circ}C$ and also the surface temperature was lower 1∼3$^{\circ}C$. And then the temperature of the Yellow Sea Bottom Cold Water in summer, 1981 became lower 2∼3$^{\circ}C$ than that of mean year and the influence of this cold water was extended to about 50 miles off the coast of Cheju Island. Comparing with mean year, the water temperature at 30m depth in February, 1981 was lower by 1∼2$^{\circ}C$ in entire regions except near sea of Sohuksando and at 50m depth in August, 1981, it was lower by about 3.5$^{\circ}C$. Particularly, the offshore of Hongdo shower value of 5$^{\circ}C$ than that of mean year. It was found that the abnormal low water temperature phenomenon of Yellow Sea Bottom Cold Water in summer, 1981 resulted from the sea surface cooling by the predominant northwestly monsoon and abnormally low air temperature in winter, 1980.

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The Structure of Tidal Front in the Earstern Yellow Sea in the Summer of 1982 (1982년 하계 서해안 조석전선의 구조)

  • CHOO Hyo Sang;CHO Kyu Dae
    • Korean Journal of Fisheries and Aquatic Sciences
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    • v.17 no.2
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    • pp.83-91
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    • 1984
  • The formation and structure of tidal front in the eastern part of the Yellow Sea were studied based on the oceanographic data compiled during the periods of $1982{\sim}1983$ and $1966{\sim}1970$. Well-defined fronts occurring in the Yellow Sea in summer mark the boundary between the stratified and vertically mixed regimes. The occurrence of vertically mixed regimes may be interpreted in terms of available turbulent kinematic energy of tidal currents. The tidal frontal regions were determined by horizontal gradients of temperature, salinity and dissolved oxygen, and were verified by water colour and transparency. In summer the tidal fronts were found at depths of $15{\sim}25m$ at about 20 miles from the shore. Potential energy of vortical stratification in the tidal frontal region was 10 $Joule/m^3$. The stratification parameter in the frontal region computed from the numerical tidal model was $S_p=1.0.$ Tidal front is formed in regions with $S_p=1-1.5,$ if surface heat flux are constant. Waters in the stratified region have the layer structures of wind-mixed surface layer, thermocline and tidal-mixed bottom layer. In the vertically mixed region, however, sea water is nearly homogeneous. in winter no distinctive tidal front was seen.

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The Role of the Sedimentary Deposits (silt line) from Rivers Flowing into the Sea in the Yellow Sea Maritime Boundary (강의 퇴적물과 황해 경계획정 적용가능성에 관한 연구)

  • Yang, Hee-Cheol
    • Ocean and Polar Research
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    • v.31 no.1
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    • pp.31-50
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    • 2009
  • The demarcation of Maritime Boundary is directly related to the expansion of jurisdiction and the securing of resources. Resource diplomacies of the three countries Korea, China and Japan represent a major task for the national administrations : to secure resources as well as to stablize and sustain resources for future national economies. At the sea area around Korea as well, countries are fiercely competing to secure resources and to expand jurisdiction. This is evidenced by the fact that various principles and logics which are beneficial to each own country are presented through international precedents, agreement between countries and the theories of the international law scholars. They say that the conclusion of demarcation of maritime boundary for the Yellow Sea would be easy from the point that there is no dispute related to island dominion in the waters of the Korean Peninsula especially the Yellow Sea, but still we need to have a strategic approach to this issue from the point that the factors used for claiming maritime boundaries may expand the waters of a country over much. For example, the continental shelf boundary in consideration of the distribution of sedimentary deposits in the Yellow Sea which is being raised by China began from the hypothesis that the inflow of sedimentary deposits to the Yellow Sea through the rivers of China represents absolute majority, but the results of the latest studies raised questions on the hypothesis. Especially, the studies done by Martin and Yang revealed that the inflow of sedimentary deposits to the Yellow Sea from the Yellow River is approximately less than 1% of total sedimentary deposits in the Yellow Sea, and also the result of analysis on the causes and counter policy measures on the environment of Bohai, China supports the reliability of the results of such studies. From a legal aspect, the sedimentary deposits of rivers which are claimed by China represent extremely weak ground for the claim for the title of the continental shelf. The siltline claimed by China seems to be based on the Article 76-4-(a)(i) of UNCLOS. This is, however, not the definition on the title of the continental shelf but it is only a technical formula to utilize in a case where a country desires to expand the continental shelf to over 200 nautical miles. Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf also confirm this point through the Article 2.1.2 of the Guideline. The only case in which sedimentary deposits of rivers were referred to as concrete demarcation of maritime boundary was in the which was concluded in 1986 between India and Myanmar at the Andaman Sea. In the said case, India acknowledged the boundary up to the isobath of 200m which Myanmar claimed based on the sedimentary deposits of the Irrawaddy River. It has limits as a case for acknowledging the sedimentary deposits, however, because in fact India's acknowledgment was made in exchange for the condition that Myanmar gave up the dominion of two islands which they had been claiming from India up until that time.