• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.159-201
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• 2019

Along with Annex 14 Volume I establishment in 1951 and the set-up of restriction surface around the runway, aeronautical technique and navigation performance achieved dazzling growth, and the safety and precision of navigation greatly improved. However, restrictions on surrounding obstacles are still valid for safe operation of an aircraft. Standards and criteria for securing safety of aircraft operating around and on airport is stated in Annex 11 Air Traffic Services and Annex 14 Aerodrome etc. In particular, Annex 14 Volume I presents the criteria for limiting obstacles around an airport, such as natural obstacles such as trees, mountains and hills to prevent collisions between aircraft and ground obstacles, and artificial obstacles such as buildings and structures. On the other hand, Annex 14 Volume I, in the application of the obstacles limitation surfaces, apply the exception criteria, as it may not be possible to remove obstacles that violate the criteria if the aeronautical study determines that they do not impair the safety and regularity of aircraft operation. Aeronautical study has been applied and implemented in various countries including United States, Canada and Europe etc. accordingly, Korea established and amended some provisions of the Enforcement rules of the Aviation Act and established the Aeronautical study guidelines to approve exceptions. However, because ICAO does not provide specific guidelines on procedures and methods of Aeronautical study, countries conducting aeronautical study have established and applied their own procedures and methods. Reflecting this realistic situation, at the 12th World Navigation Conference and at the 38th General Assembly, the contracting States demanded a reexamination of the criteria for current obstacle limitation surfaces and methods of aeronautical study, and the ICAO dedicated a team of experts to prepare new standard. This study, in line with the movement of international change in obstacle limitation surface and aeronautical study, aims to compare and analyze current domestic and external standards on obstacle limitation and height limits, while looking at methods, procedure and systems for aeronautical study. In addition, expecting that aeronautical study will be used realistically and universally in assessing the impact of obstacles, we would recommend the institutional improvement of the aeronautical study along with the development of quantitative analysis methods using the navigation data in the current aeronautical study.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.419-442
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• 2018

Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

• Journal of Science and Technology Studies
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• v.19 no.1
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• pp.1-51
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• 2019

The understanding of law and science as fundamentally different two systems, in which fact stands against justice, rapid progress against prudent process, is far too simple to be valid. Nonetheless, such account is commonly employed to explain the tension between law and science or justice and truth. Previous STS research raises fundamental doubts upon the off-the-shelf concept of "scientific truth" that can be introduced to the court for legal judgment. Delimiting the qualification of the expert, the value of the expert knowledge, or the criteria of the scientific expertise have always included social negotiation. What are the values that are affecting the boundary-making of the thing called "modern science" that is supposedly useful in solving legal conflicts? How do the value of law and the meaning of justice change as the boundaries of modern science take shapes? What is the significance of "science" when it is emphasized, particularly in relation to the legal provisions of paternity, and how does this perception of science affect unfoldings of legal disputes? In order to explore the answers to the above questions, we follow a process in which a type of "knowledge-deficient model" of a court-that is, law lags behind science and thus, under-employs its useful functions-can be closely examined. We attend to a series of discussions and subsequent changes that occurred in the US courts between 1930s and 1970s, when blood type tests began to be used to determine parental relations. In conclusion, we argue that it was neither nature nor truth in itself that was excavated by forensic scientists and legal practitioners, who regarded blood type tests as a truth machine. Rather, it was their careful practices and crafty narratives that made the roadmaps of modern science, technology, and society on which complex tensions between modern states, families, and courts were seen to be "resolved".

• Korean Journal of Heritage: History & Science
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• v.37
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• pp.405-444
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• 2004

The Cultural Heritage Committee is an advisory committee established under the Cultural Heritage Administration with the aim of carrying out examination and deliberation on preservation, management and use of cultural heritage. The Cultural Heritage Administration is the highest administrative organization in terms of Korean cultural heritage. It was founded to produce and execute policies on cultural heritage, an important task that requires a high level of specialized knowledge, skills and academic expertise. It involves in-depth investigation and consultation of experts in the field of cultural heritage. An organization consisting of distinguished experts, the Cultural Heritage Committee plays an important role in policymaking on cultural heritage of Korea. The Korean government established the Bureau of Cultural Heritage in October 1961, and enacted provisions (as a presidential decree) on the organization on March 27, 1962, according to the Cultural Heritage Act established on January 10 of the same year. The Cultural Heritage Committee was opened as a deliberation committee according to the law, on which currently 90 members serve in 8 subcommittees. The term of office of a committees member is two years. The deliberation of the committee, which covers the entire range of cultural heritage, including their designation and cancellation, is normally concluded by the deliberation and decision of each subcommittee. This study aims to analyze of the survey of the Cultural Heritage Committee as the highest organ for the deliberation of policies on the matters of cultural heritage. The subject of the analysis in this study is a questionnaire survey that was conducted between Oct. 20 and Nov. 29, 2003, of 116 former and current members of the committee.

• Korean Journal of Heritage: History & Science
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• v.38
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• pp.129-156
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• 2005

Increasing discovery cases of underground storage facilities made of earth, wood, or stone are being reported from the recent excavation survey of the Baekje relics. Accordingly, the purpose of this study is to examine the structure and function of the underground storage facilities of Baekje following a classification made by the type and building method as follows: plask shape, wooden box shape, and stone box shape. The plask shape storage is the most representative underground storage of Baekje that has been found in numerous relics more than 600 sets around Hangang(Han River) and Geumgang(Geum River) from the Hansung period to Sabi period in Baekje Dynasty. It is a historical artefact as a part of the unique storage culture of Baekje around Hangang and Geumgang from the 3rd to 7th Century. Considering its structure and the example of Chinese one, it might had been used for a long-term storage of grains and various other items including earth wares. The storage facility in wooden box shape and stone box shape are found mostly in the relics Of Sabi period. Thus it might had taken some functions of the storage in traditional pouch shape which had decreased after the 6th Century. In particular, the wooden box shape and stone box shape storage required enormous labor force to build owing to their structure and building method. Thus, they were considered to had been used for official purposes in province fortress and citadel artefact. The wooden box shape storage facility is classified into flat rectangular type and square type based on the structure, and into Gagu type(架構式) and Juheol type(柱穴式) based on the building method. It might had been decided according to the geography and geological feature of the place where the storage was to be built. Considering the examples of Gwanbuk-ri relics and Weolpyong-dong relics, the wooden box shape storage facility might had been used for various items depending on the needs, including foods such as fruits and essential provisions at the military base. Considering the long-term food storage, the examples in Japan, and the functional characteristics of the underground storage facility, there is a possibility that the wooden and stone box shape storage facilities had been built so as to safely store important items in case of fire. This study is only a rudimentary examination for the storage facility in Baekje. Thus further studies are to be made specifically and comprehensively on the comparison with other regions, distribution pattern, discovered relics and artefacts, and functions.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• The Korean Journal of Archival Studies
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• no.29
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• pp.225-268
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• 2011

The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public's right to know. At the same time, the government should enact the Data Protection Act to provide the public's right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so. The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold. The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities. This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.39 no.3
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• pp.33-41
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• 2021

This study identified the scale that traditional landscape design has taken up by analyzing a total of 1037 services for design of cultural heritage that had been ordered by the government agencies from 2018 to 2020, and has drawn characteristics of traditional landscape design focusing on major cases. The results are as follows. First, the number of order cases for traditional landscape design has shown differences annually in the services of design of cultural heritage, but the design amount has been found to have the similar average annually, which confirmed that the same level has been maintained each year. It was found that the number of cases of traditional landscape design requiring responsibilities or participations of landscape engineers for 3 years in the entire design had a high proportion of approximately 26%. Second, the traditional landscape design has required professional knowledge and experiences of landscape engineers that could not be replaced by the business operator for design of cultural heritage consisting of architects. The expertise has been shown differently depending on types of construction. First, the topographical design for the work to build a foundation has required understanding of ground shapes and its elevations and professional knowledge on calculation of the amount of the earth work and the remains maintenance technique etc. The plantation design has required basic knowledge on growth characteristics of trees and the environment for growth and understanding of the vegetation landscape of the past. Meanwhile, the design for traditional pavement and traditional landscape structures and facilities has required the expertise on traditional materials that are different from the modern ones and their processing and construction methods. The understanding of changes to water paths and ecosystem, the principles of fluids, and characteristics of each type of fluid was essential for the design for the ecological landscape work including the maintenance of a water system such as rivers etc. As such, the traditional landscape design has a scale accounting for approximately one fourth of the entire cultural heritage design and requires the expertise differentiated from other fields. This improves the provisions of the current law on limiting the actual design, suggesting the need for the establishment of a traditional landscape design company so that all traditional landscape designs can be carried out by landscape engineers.

• The Journal of Korean Philosophical History
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• no.56
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• pp.47-80
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• 2018

The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

• (The)Study of the Eastern Classic
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• no.32
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• pp.71-101
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• 2008

This study is intended to review the war and the living of the common people of Choseon dynasty, through the true stories of captives kidnapped in the region of the Qing(胡地) during the Pyeongja horan in the 17th century. The common people, Kim seung kyung and Ahn chu won, who had been kidnapped in their young age, managed to escape from the region of the Qing to Choseon after having experienced a painful living as a captive for 27 years. Kim seung kyung and Ahn chu won had to make a choice to run away from the Qing in order to bring their war distorted life back to its original state. Kim seung kyung who had successfully escaped, could live without severe difficulties by the aid of his family living at his hometown, but Ahn chu won who had not found his own family or relatives, couldn't have got any helping hand from the people mentally or financially. So, he tried to escape again to Beijing, but discovered and captured so that a diplomatic problem was caused between the Choseon and the Qing Dynasty. Through the true story of Kim seung kyung and Ahn chu won, we can see the lives of Choseon common people who were trying to overcome the difficulties with their own iron will without being undaunted by hardships. Even though the captives had terrible experiences hating to remember, their experiences gave a chance to the Choseon people opening their eyes to the foreign cultures and the new world. At that time, the Choseon government was too weak to estimate how many captives were or what the captive's real fact was. Meanwhile the Choseon government managed to do the least duty in order to protect its people, by breaking the provisions of repatriation that the fled captives should be returned back to the Qing Dynasty. Through reviewing the captive's true story of the Choseon common people, we can ruminate the Choseon society in the 17th century which failed to establish an independent national history, and the issue of the Korean War captives in the modern history forgotten under the shade of the dustbin of history.