• Analyses & Alternatives
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• v.5 no.1
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• pp.87-121
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• 2021

Since 2012, Prime Minister Shinzo Abe'sadministration began to promote women's participation and advancement in the workplace and established the Act on the Promotion of Female Participation and Career Advancement in the Workplace (the Act) in 2015. Some criticize this Act as a way to utilize women for economic development and to deal with the shrinking working population. In contrast, others point out that it is a law that can be beneficial for women. As such, this Act serves as an interesting case of a women's policy promoted by a conservative government. This paper's objective is to shed light on if and how women are substantively represented in the Diet members' statements made during the legislative debate of the bill on the Promotion of Female Participation and Career Advancement in the Workplace between 2014 and 2015. This paper asks two research questions. First, based on the mixed evaluation of the Act made in the studies about the Abe administration's women's policies, this research asks if the Diet members speak of women as resources to use for other economic and social goals or if women are substantively represented. Second, drawing insights from the literature on women's substantive representation, this research asks how Diet members speak for women. Particularly, based on the studies on conservatism and substantive representation of women, this question seeks to determine if Diet members engage in the conservative representation of women, taking women's roles as mothers and wives who provide care for children, husbands, and elders at home for granted. The results of the analysis demonstrate that the number of statements that explicitly claimed to use women was small. Second, while some Diet members of conservative political parties engaged in the conservative representation of women, there were more instances of non-conservative representation, in which a variety of types of women were represented. These findings reveal that even when the conservative government's intention to submit the bill was to utilize women rather than acting for women, Diet members could speak for various types of women and engage in the non-conservative representation of women. The findings also imply the importance of paying attention to formal and informal legislative deliberation rules to figure out how women's substantive representation can occur under a conservative government and in a legislature dominated by conservative parties.

• Korean Security Journal
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• no.7
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• pp.95-124
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• 2004

It can be said that 'the September 11th Terrorist Attacks' in 2001 were not only the indiscriminate attacks on innocent people but also the whole - political, economical and military - attacks on human life. Also, 'the September 11th Terrorist Attacks' can be regarded as the significant events in the history of world, which were on the peak of the super-terrorism or new-terrorism that had emerged from the 1980s. However, if one would have analysed the developments of terrorism from the 1970s, they could have been foreknown without difficulty. The finding from this study can be summarized as the followings, First, in spite that the USA responsive system against terrorism had been assessed as perfect before 'the September 11th Terrorist Attacks', the fragilities were found in the aspects of the response on the new-terrorism or super-terrorism. The previous responsive system before 'the September 11th Terrorist Attacks' had the following defects as the followings: (1) it was impossible to establish the integrated strategy, because the organizations related to the response against terrorism had not integrated; (2) there were some weakness to collect and diffuse the informations related to terrorism; (3) the security system for the domestic airline service in USA and the responsive system of air defense against terrors on aircraft were very fragile. For these reasons, USA government established the 'Department of Homeland Security' of which the President is the head so that the many organizations related to terrorism were integrated into a single management system. And, it legislated a new act to protect security from terrors, which legalized of the wiretapping in spite of the risk of encroachment upon personal rights, increased the jail terms upon terrorists, froze the bank related to terrorist organization, and could censor e-mails. Second, it seem that Korean responsive system against terrors more fragile than that of USA. One of the reasons is that people have some perception that Korea is a safe zone from terrors, because there were little attacks from international terrorists in Korea. This can be found from the fact that the legal arrangement against terrorism is only the President's instruction No. 47. Under this responsive system against terrorism dependent on only the President's instruction, it is expected that there would be a poor response against terrors due to the lack of unified and integrated responsive agency as like the case of USA before 'the September 11th Terrorist Attacks'. And, where there is no legal countermeasure, it is impossible to expect the binding force on the outside of administrative agencies and the performances to prevent and hinder the terrorist actions can not but be limited. That is to say, the current responsive system can not counteract effectively against the new-terrorism and super-terrorism. Third, although there were some changes in Korean government's policies against terrorism. there still are problems. One of the most important problems is that the new responsive system against terrorism in Korea, different from that of USA, is not a permanent agency but a meeting body that is organized by a commission. This commission is controled by the Prime Minister and the substantial tasks are under the National Intelligence Service. Under this configuration, there can be the lack of strong leadership and control. Additionally, because there is no statute to response against terrorism, it is impossible to prevent and counteract effectively against terrorism. The above summarized suggests that, because the contemporary super-terrorism or new-terrorism makes numerous casualties of unspecified persons and enormous nationwide damages, the thorough prevention against terrorism is the most important challenge, and that the full range of legal and institutional arrangements for the ex post counteraction should be established. In order to do so, it is necessary for the government to make legal and institutional arrangements such as the permanent agency for protection from terrorism in which the related departments cooperates with together and the development of efficient anti-terror programs, and to show its willingness and ability that it can counteract upon any type of domestic and foreign terrorism so that obtain the active supports and confidence from citizens.

• KDI Journal of Economic Policy
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• v.13 no.2
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• pp.97-127
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• 1991

This paper investigates the roles and the limitations of the Korean antitrust agencies-the Office of Fair Trade (OFT) and the Fair Trade Commission (FTC) during the making of the major industrial policies of the 1980's. The Korean antitrust agencies played only a minimal role in three major industrial policy-making issues in the 1980's- the enactment of the Industrial Development Act (IDA), the Industrial Rationalization Measures according to the IDA, and the Industrial Readjustment Measures on Consolidation of Large Insolvent Enterprises based on the revised Tax Exemption and Reduction Control Act. As causes for this performance bias in the Korean antitrust system, this paper considers five factors according to the current literature on implementation failure: ambiguous and insufficient statutory provisions of the Monopoly Regulation and Fair Trade Act (MRFTA); lack of resources; biased attitudes and motivations of the staff of the OFT and the FTC; bureaucratic incapability; and widespread misunderstanding about the roles and functions of the antitrust system in Korea. Among these five factors, bureaucratic incompetence and lack of understanding in various policy implementation environments about the roles and functions of the antitrust system have been regarded as the most important ones. Most staff members did not have enough educational training during their school years to engage in antitrust and fair trade policy-making. Furthermore, the high rate of staff turnover due to a mandatory personnel transfer system has prohibited the accumulation of knowledge and skills required for pursuing complicated structural antitrust enforcement. The limited capability of the OFT has put the agency in a disadvantaged position in negotiating with other economic ministries. The OFT has not provided plausible counter-arguments based on sound economic theories against other economic ministries' intensive market interventions in the name of rationalization and readjustment of industries. If the staff members of antitrust agencies have lacked substantive understanding of the antitrust and fair trade policy, the rest of government agencies must have had serious problems in understanding the correst roles and functions of the antitrust system. The policy environment of the Korean antitrust system, including other economic ministries, the Deputy Prime Minister, and President Chun, have tended to conceptualize the OFT more as an agency aiming only at fair trade policy and less as an agency that should enforce structural monopoly regulation as well. Based on this assessment of the performance of the Korean antitrust system, this paper evaluate current reform proposals for the MRFT A. The inclusion of the regulation of conglomerate mergers and of business divestiture orders may be a desirable revision, giving the MRFTA more complete provisions. However, given deficient staff experties and the unfavorable policy environments, it would be too optimistic and naive to expect that the inclusion of these provisions alone could improve the performance of the Korean antitrust system. In its conclusion, this paper suggests several policy recommendations for the Korean antitrust system, which would secure the stable development and accumulation of antitrust expertise for its staff members and enough understanding and conformity from its environments about its antitrust goals and functions.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.151-208
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• 2020

Japan's two outer space-related laws were promulgated on November 16, 2016. There are the Act on Launching of Spacecraft, etc. and Control of Spacecraft (Act No. 76 of 2016, Space Activities Act) and the Act on Securing Proper Handling of Satellite Remote Sensing Records (Act No.77 of 2016, Remote Sensing Records Act). Japan's Space Activities Act states that a person who launches a satellite from the territory of Japan, or from a ship or airplane registered in Japan, must obtain permission from the Prime Minister prior to the launch. To obtain the permission, the person must have a certificate for a rocket design and for radio equipment at a launching facility. In addition, the ability to launch a rocket safely and the purpose for the satellite launch must be evaluated. Managing a satellite from Japan also requires permission from the government. A person who launches a rocket must have insurance for any potential damage arising from accidents, and the government is to supplement the potential compensation to allow for damage that cannot be covered by private insurance. The purpose of this paper reviews regulations of launch services and management of satellites in the Japan's Space Activities Act. It also offers some implications and suggestions for regulations of launching of spacecraft and management or operation of satellites.

• Convergence Security Journal
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• v.15 no.6_1
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• pp.79-92
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• 2015

It is required to expand area of inter-Korean economic cooperation, being limited to non-military field, to military field and then, to positively promote arms control in order to establish foundation for peaceful reunification in Korean peninsula. Reasons why arms control has not been promoted between South and North Korea in the meantime were such original factors as follows; (1) limit of confidence building between the South and the North, (2) functional limit of arms control itself, (3) institutional structural limit between the South and the North, (4) environmental limit at home and abroad. It is necessary to get out from existing frame and to seek a new paradigm in order to overcome above factors and to realize arms control between the South and the North. First, it is required to have prior political dialog at the South-North high-level talks in order to promote arms control and to exercise 'strategic flexibility' during negotiation and promotion process. For this, 'flexible reciprocity' has to be adopted in compliance with situation and conditions. Second, it is necessary to get out from existing principle of 'confidence building in advance and arms reduction later' but to seek the 'simultaneous driving principle of confidence building and arms reduction' as an eclectic approach. Namely, based on reasonable sufficiency, it is required to promote military confidence building and limited arms reduction in parallel, which is a lower level of arms control. Third, as an advisory body of Prime Minister's Office, it is necessary to install an organization exclusively responsible for arms control and to positively handle arms control issue from the standpoint of national policy strategy. If the South-North high-level talks take place, it is necessary to organize and operate 'South-North Joint Arms Control Promotion Board (tentative name)'. Fourth, it is required to exercise more active diplomatic competence in order to create national consensus on necessity of arms control for peaceful reunification and to form more favorable international environment. Especially, it is necessary to think about how to solve nuclear issue of North Korea together in collaboration with international society and how to maintain balance between ROK-US alliance and Sino-Korean cooperation relations.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.349-384
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• 2013

The Sputnik 1 launching in 1957 made the world recognize the necessity of international regulations on space development and activities in outer space. The United Nations established COPUOS the very next year, and adopted the mandate to examine legal issues concerning the peaceful uses of outer space. At the time, the military sector of the U.S.A. and the Soviet Union were in charge of the space development and they were not welcomed to discuss the prohibition of the military uses of outer space at the legal section in the COPUOS. Although both countries had common interests in securing the freedom of military uses in outer space. As the social and economic benefits derived from space activities have become more apparent, civil expenditures on space activities have continued to increase in several countries. Virtually all new spacefaring states explicitly place a priority on space-based applications to support social and economic development. Such space applications as satellite navigation and Earth imaging are core elements of almost every existing civil space program. Likewise, Moon exploration continues to be a priority for such established spacefaring states as China, Russia, India, and Japan. Recently, Companies that manufacture satellites and ground equipment have also seen significant growth. On 25 February 2012 China successfully launched the eleventh satellite for its indigenous global navigation and positioning satellite system, Beidou. Civil space activities began to grow in China when they were allocated to the China Great Wall Industry Corporation in 1986. China Aerospace Corporation was established in 1993, followed by the development of the China National Space Administration. In Japan civil space was initially coordinated by the National Space Activities Council formed in 1960. Most of the work was performed by the Institute of Space and Aeronautical Science of the University of Tokyo, the National Aerospace Laboratory, and, most importantly, the National Space Development Agency. In 2003 all this work was assumed by the Japanese Aerospace Exploration Agency(JAXA). Japan eases restrictions on military space development. On 20 June 2012 Japan passed the Partial Revision of the Cabinet Establishment Act, which restructured the authority to regulate Japanese space policy and budget, including the governance of the JAXA. Under this legislation, the Space Activities Commission of the Ministry of Education, Culture, Sports, Science, and Technology, which was responsible for the development of Japanese space program, will be abolished. Regulation of space policy and budget will be handed over to the Space Strategy Headquarter formed under the Prime Minister's Cabinet. Space Strategy will be supported by a Consultative Policy Commission as an academics and independent observers. By revoking Article 4 (Objectives of the Agency) of a law that previously governed JAXA and mandated the development of space programs for "peaceful purposes only," the new legislation demonstrates consistency with Article 2 of the 2008 Basic Space Law. In conformity with the principles laid down in the 1967 Outer Space Treaty JAXA is now free to pursue the non-aggressive military use of space. New legislation is the culmination of a decade-long process that sought ways to "leverage Japan's space development programs and technologies for security purposes, to bolster the nation's defenses in the face of increased tensions in East Asia." In this connection it would also be very important and necessary to create an Asian Space Agency(ASA) for strengthening cooperation within the Asian space community towards joint undertakings.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.161-198
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• 2014

The idea of creating an International Space Exploitation Agency (tentative title: hereinafter referred to ISEA) is only my academic and theoretical opinion. It is necessary for us to establish ISEA as an international organization for the efficient and rapid exploitation of natural resources in the moon and other celestial bodies. The creation of ISEA as a new international organization is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to create it as a preliminary procedure, it needs to make the Draft for the Convention on the Establishment an ISEA among the space-faring countries. The main contents of this paper is composed of (1) introduction, (2) joint exploitation of the natural resources (Heliumn-3, etc.) in the moon and ISEA, (3) activities for the exploitation of moon and other celestial bodies by the space-faring powers, (4) legal problems and Solution for the exploitation and mining rights of the natural resources in the moon, mars and celestial bodies, (5) procedure of creating an ISEA, (6) the principal points that need to be included in the draft for the ISEA convention, (7) conclusion. The creation of an ISEA would lead to a strengthening of the cooperation among the States deemed essential by the global community towards joint undertakings in space and would act as a catalyst for the efforts on the exploitation of the natural resources moon, mars, Venus, Mercury and other celestial bodies and allow resources, technology, manpower and finances to be centrally managed in an independent fashion to the benefit of the space-faring countries. It is desirable and necessary for us to create ISEA in order to promote cooperation in the field of space policy, law, science technology and industry etc. among the space-faring countries. The creation of the ISEA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon, Mars, Venus, Mercury and other celestial bodies. Finally, it should be noted that the political drive will be necessary not only to set up the organization ISEA, but also study a subsequent measures. It is also necessary for us to create the ISEA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads (president or prime minister) of the space super-powers including the UNCOPUOS will be agreed to establish ISEA at a summit conference, 1 believe that it is possible to establish an ISEA in the near future.

• The Korean Journal of Archival Studies
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• no.18
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• pp.257-280
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• 2008

The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

• Korean Journal of Heritage: History & Science
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• v.47 no.1
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• pp.116-133
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• 2014

The memorial stones of Sumanotap were known to have been sequentially produced in 1719, 1773, 1874, 1653, 1874. However, after examining the chronological era (年號) and sexagesimal cycle (干支), it was found that the second and fourth memorial stones were both recorded in 1713. The reason why the records of the same period were divided into two is assumed that since the subject to repair was divided into main structure and flagpole of the temple, and it was recorded per each monk in charge and donator. On the fifth tablet of the memorial stone of Sumanotap contains all the names of monks who were in charge of repairing Sumanotap as well as the names of common donators. These people are not verified in detail though, through comparing the Buddhist names on the third memorial stone with Buddhist paintings and painting records, 12 monks were identified to be in the same names. Generally, they were active in Gangwon province, Gyeongsang province, Seoul and Gyeonggi province in the late 19th century and even after the Sumanotap repair, they took up other duties of various temples. The most notable name among the donators recorded in the memorial stones of Sumanotap was Kim Jwageun. He was the donator for the chest of gold and silver that was enshrined in the pagoda in 1874. His name was recorded with Mrs. Yang from Cheongsin and, at that time, was known just as a donator. However, actually, the donator was not Kim Jwageun but his mistress Mrs. Yang who used to be a gisaeng, called Na-hap and was from Naju. Kim Jwageun deceased in 1869 already. It is exceptional that Mrs. Yang who were the mistress of the prime minister Kim Jwageun personally participated in the Buddhist event in which king, queen, mothers of king and queen, noblewoman participated. Besides, the event of Sumanotap repair was carried out by royal family in order to celebrate the hundredth day of the prince, Sunjong and his grandfather, Heungseon Daewongun did not participate for political reason. In this situation, the domination of Mrs. Yang is considered remarkable. Meanwhile, the temples that frequently appeared among the 10 temples recorded in the memorial stone of Sumanotap are Gakhwa-sa temple in Bonghwa-gun, Gyeongsangbuk-do and Bodeok-sa temple in Yeongwolgun, Gangwon-do. Gakhwa-sa temple was a temple where the historical achievements were kept so was under the government's control. Bodeok-sa temple was the buddhist temple praying for the soul of the Danjong buried in the tomb and was managed by the government. Therefore, the face these two temples participated in the Sumanotap repair proves that Sumanotap was repaired by the supports form these two temples and the stature of Sumanotap at that time was as high as the temples where the historical achievements are store or the royal buddhist temples for praying for ancestors' souls.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.37 no.2
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• pp.30-39
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• 2019

In this study, 27 representative plants with symbolism and appreciation were extracted from 68 plants collected in Li Yu (1611-1680)'s monograph named 'Xianqingouji Zhongzhibu'. The interpretations were as follows. First, symbolism of plants could be summarized as 1) Li Yu thought that Paeonia suffruticosa was called 'the king of flowers', not only because of its beauty, but also because of its upright character. The only flower that could compete against Paeonia suffruticosa was Paeonia lactiflora Pall.. This flower was called 'the flower prime minister' by common people. But Li Yu thought that Paeonia lactiflora Pall. should also be included in the feudal princes. 2) Prunus persica and Camellia japonica were compared to 'beautiful cheeks', and Malus spectabilis (Ait.)Borkh, Jasminum sambac, Rosa multiflora var. platyphylla, Narcissus tazetta, Papaver rhoeas were compared to 'beautiful women', expressing his love for flowers. 3) Li Yu called Nelumbo nucifera a 'gentleman in flowers' and Buxus sinica Rehd. et Wils. Cheng a 'gentleman in trees'. On the contrary, Daphne odora was compared to 'villain in flowers'. 4) Ilex integra was compared to a hermit, and Campsis grandiflora was compared to an immortal. Second, appreciation of plants could be organized by 1) Appreciation of plants required assistive tools. When going to suburb to enjoy the scenery, tents needed to be prepared. Paper screens should be used to appreciate Prunus mume in the courtyard so as to gain more elegant. Li Yu also proposed that ornamental objects should be properly placed near Orchidaceae so as to gain more elegant. 2）Li Yu took Lagerstroemia indica and Prunus armeniaca L. as examples to interpret that plants were as perceptive as animals and human beings. 3) Li Yu took Salix pierotii and Albizia julibrissin as examples to interpret that people should communicate with plants through five senses to produce resonance. And took Nelumbo nucifera and Rosa rugosa to emphasize the ornamental and practical value of plants. 4) Plants were metaphored sth. similar to them. An interesting example was Celosia cristata L. which was more like an auspicious cloud in the sky than the crest on the cock's head. To sum up, Li Yu personified plants and thought that people should communicate with plants by multi-sensory world when appreciating plants. Through this, it fully showed his love for plants. Meanwhile, Li Yu's symbolism and appreciation of plants, to some extent, reflected the elegant life of literati in the early Qing Dynasty.