• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.237-259
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• 2010

This paper first gives a brief overview of the history of space law making in the international geopolitical context and recalls some of the main principles as elaborated in the framework of the United Nations. Next, several topics are discussed that will require the attention of space lawyers in the near future. They are the International Space Station, space debris, exploitation of space resources, space tourism, private property rights in space, and militarization and weaponization of space. The paper raises some questions in each of these areas that need to be addressed and concludes that the general legal framework for space activities under public international law as contained in the UN treaties is in place, and is sufficiently general and flexible to enable and encourage states to carry out space activities in an orderly manner. However, as demonstrated by the examples discussed in the paper, the time has come for the international community to agree on the further development of these general principles, starting perhaps with space debris, imminent 'new' uses of space such as space tourism, or some of the 'age old' issues such as the weaponisation of outer space that will continue to require our attention and vigilance. Whether such rules can be in the form of non binding guidelines, codes of conduct and the like, or should be embodied in solid legal instruments creating rights and obligations remains to be seen.

• Korean Security Journal
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• no.5
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• pp.5-18
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• 2002

The private security has been one of the fastest growing parts of the law enforcement industry, confronted with mutual coincidence or complementarity. Therefore, the primary factor in order to straighten it up should be bringing op a person, because he or she arranges the private security, based on the society in the end. In addition, it is suggested that further study of technical learning and its practice should be arranged. Because the education for agents undertaking the social security is comprehensive in space and limited in time, it may accompany hardship in arranging its content and curriculum Although this article leaves much to be desired, it has been analyzed end observed if a greater emphasis is placed on ample human resources supply for increased demand on social security in private law enforcement industry through institutional education system. A scientific advancement is expected to be attained in the majors related to the private security, with validity that the continuous studies should be implemented, and a social role of colleges as a specialized institute should be erected.

• Convergence Security Journal
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• v.15 no.1
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• pp.91-104
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• 2015

Korea Privative security regulation was enacted in 1976 and which was revised 18 times. But most of the revision was made by outer forces but not by for the law itself. Now more than 39 years since the law was enacted and 63 years modern private security method was adopted. In this point of time being requires well equipped private security regulation would be revised to match with much changed society. First, there is a problem with the current ways of education, written examination. Second, security guard supervisor examination subject should be revised, which means overlapped subjects must be eliminated. Third, collective civil petition place has to be arranged.

• Journal of the Korea Safety Management & Science
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• v.1 no.1
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• pp.61-67
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• 1999

The safety and health law, the basic regulation of occupational safety and health for industry, is overlappingly and unconsistently controled by many non-profit organization or / and government organization. Because of above reasons, it is hard to investigate and suggest consistently. This study is proposed to remove inefficient and overlapping regulation and suggest how to manage the safety and health regulation in private industry. Safety and Health is the most important managed area under business environment. The safety and health regulation or law for Korean private industry is compared with foreign country's.

• The Journal of the Korea Contents Association
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• v.12 no.5
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• pp.188-198
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• 2012

Church is one of organizations recognized not as corporation but as private association and therefore its identity and possession of properties must be confirmed by the general theories of the civil law in relation not to corporation but to private association. Different from corporation, the internal relations of private association is primarily regulated by the articles of association. When there is no article of association, ordinary resolution and provisions for incorporated association in the civil law are applied by inference. As for the debt of private association, all the members own it in a quasi-joint manner (article 275 and 278). For the last 50 years, the judicial precedents of the Supreme Court has permitted the partition of church for the Protestant church and ruled that the relationship of properties at the time of partition is the joint ownership by church members at the time of partition. This ruling is different from that of corporation and ordinary principles of law. However, a new judicial precedent (the Supreme Court, 2006. 4. 20, 2004다37775) prescribes that different from corporation, the partition of private association is not allowed. Thus, in order to settle the dispute of private association, the Supreme Court changes its traditional standpoint of allowing partition into denying it. This ruling seems to reflect the necessity of settling dispute above all.

• Journal of the Society of Disaster Information
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• v.2 no.1
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• pp.113-127
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• 2006

The suggestions that follow are about the Qualitative Improvement of private security Industrial. First, in legal and institutional policy, new establishment by law for private security and more support from government is asked. Moreover, the restructuring or M&A between petty companies and the pricing for security service should be performed. Second, in the structural aspect of private security industry, the professional education center for private security guards should be established and the terms of payment and welfare should be improved to the level above standard. In addition, it should be achieved to change the public to have a new and correct understanding of private security and develope the specialized parts suited to the characteristic and ability of each companies. Third, the construction of operating system for private security service should be achieved; recruit system for competent security guards, marketing strategy and enforcement system, widely known confidence to client, normal training system for security guards and post management system for client. This is also to be suited to the characteristic of each companies.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.41-65
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• 2010

It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. For the promotion of fair and free competition, it is increasingly wide-ranging antitrust legislation across the world. It is matter for debate what can an arbitral tribunal do when confronted with an allegation that the contract under which the arbitration is brought is itself an illegal restraint of trade or in some other way a breach of antitrust law. The underlying question is how to accommodate the conflicting congressional policies favoring resolution of private controversies by arbitration and encouraging private suits to protect the public interests served by the antitrust laws. It is necessary to inquire into the arbitrability of antitrust issues on case-by-case basis, because the types of them are quite diverse. If antitrust issues are the dispute in private laws and the contracting parties agreed to submit to arbitration disputes which have arisen or which may arise between them in the antitrust issues, the antitrust disputes are arbitrable. Not only international antitrust disputes but also domestic antitrust disputes are capable of being resolved by arbitration. When the public interests in the enforcement of antitrust legislation are asserted, it is possible to justify the annulment or the refusal of the recognition or the enforcement of an arbitral award that ignores public policy as a matter of it.

• The Journal of Aerospace Industry
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• s.49
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• pp.3-40
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• 1999

In this paper, the types of airport operation are categorized four groups in context of ownership and operational management; full government ownership and operation; government ownership with privatization of selected service; government ownership and private management; private ownership and operation. The term,"Privatization" has a different definition when it is used in different contexts and cultures. In this paper, the definition of"Privatization" in the context of airport, is that the movement of an entity from the government sector to the private sector. To keep pace with the remarkable growth in the air traffic volume of passengers and cargo, more and more mega-international airports have been built or are under construction. As the air transport demand is expected to increase at an even greater rate in the 21st century, the need for new conception airport is merging to solve the current problems such as airport congestions and flight delays which will be essential factors to decide whether the competitive airports or not. Presently, we researched the type of the operational management to strengthen the competitiveness for Korea's airports. Specifically, It is focused on the government ownership with privatization of selected services. It seems to be evaluated as government ownership and private management when it is actively utilized within Korea Airport Authority's law or Inchon International Airport's public corporation law. To make more competitive airport in 21st Century, however, it is desirable to seek for the method to gradually evaluate to private ownership and operation.

• Proceedings of the KSR Conference
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• 2004.10a
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• pp.965-970
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• 2004

The private investment on the SOC facilities is a worldwide tendency since it can supplement the insufficient investment of public finance in the construction of infrastructures. Alter the formulation of private investment law, private sector's investment on roads, harbors and environmental facilities are being progressed considerably. However, railway construction by private sector is not active comparing to the former areas because of huge investment for construction but relatively low and unpredictable benefit in operation. This paper reviews the financial, social and institutional aspects on the private investment for SOC projects, especially railway projects. Also, this paper tries to find the desirable way to expedite the private investment on railway project,. Conclusively, the paper propose that the private sector in railway projects is better constituted with financial investor and the private financing could be. activated and settled if a stable minimum benefit on their investment being ensured institutionally, for example, by BTL.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.121-142
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• 2017

A study on the global trend of accreditation for mediators implies many important aspects of controlling of the quality of mediation. Firstly, whether or not having an accreditation system, most European countries and the U.S. have a common understanding on the fact that mediators need to be trained to mediate disputes, apart from their own expertise on the subject matters. Secondly, private-led accreditation has been utilized in countries having a Anglo-American law system such as the United Kingdom and the U.S. a while nation-managed one has been operated in the countries having a continental law system such as Austria, Belgium, Italy and Germany. Thirdly, private mediation service providers (usually institutions or companies) play an active role in the training and accreditation of mediators and further make them act as mediators in the disputes referred to them. Fourthly, the countries having a nation-managed accreditation system usually stipulate a certain mediation training and accreditation requirement by law. Fifthly, there is no uniform trend on the minimum hours of training required for accrediting the mediators. Sixthly, mediation training generally focuses on the practical mediation capacity-building, including mediation theory and role-playing, mediation simulations, peer review and supervision. And finally, the mediation theory mainly includes the role of mediator, mediation procedures, mediation communication, negotiation and communication skills, mediation ethics and mediator's code of conduct, etc.