• Title/Summary/Keyword: Review Study

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A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

The multi-level understanding of Shamanistic myth Princess Bari as a narrative: focusing on levels of story, composition, and communication (무속신화 <바리공주> 서사의 다층적 이해 - 이야기·생성·소통의 세 층위를 대상으로)

  • Oh, Sejeong
    • 기호학연구
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    • no.54
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    • pp.119-145
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    • 2018
  • This paper attempts to divide the narrative into three levels and review the approach methodology to understand Princess Bari as a narrative. If the stratification of the narrative, the analysis of each levels, and the integrated approach to them are made, this can contribute to suggesting new directions and ways to understand and study Princess Bari. The story level of Princess Bari, the surface structure, is shaped by the space movement and the chronological sequential structure of the life task that started from the birth of the main character. This story shows how a woman who was denied her existence by her father as soon as she was born finds an ontological transformation and identities through a process. Especially, the journey of finding identity is mainly formed through the events that occur through the relationship with family members. This structure, which can be found in the narrative level, forms a deep structure with the oppositional paradigm of family members' conflict and reconciliation, life and death. The thought structure revealed in this story is the problem of life is the problem of family composition, and the problem of death is also the same. In response to how to look at the unified world of coexistence of life and death, this tradition group of myths makes a relationship with man and God. This story is mainly communicated in the Korean shamanistic ritual(Gut) that sent the dead to the afterlife. Although the shaman is the sender and the participants in the ritual are the receivers, the story is well known a message that does not have new information repeated in certain situations. In gut, the patrons and participants do not simply accept the narrative as a message, but accept themselves as codes for reconstructing their lives and behavior through autocommunication. By accepting the characters and events of as a homeomorphism relationship with their lives, people accept the everyday life as an integrated view of life and death, disjunction and communication, conflict and reconciliation, and the present viewpoint. It can not change the real world, but it changes the attitude of 'I' about life. And it is a change and transformation that can be achieved through personal communication like the transformation of Princess Bari into god in myth. Thus, Princess Bari shows that each meaning and function in the story level, composition level, and communication level is related to each other. In addition, the structure revealed by this narrative on three levels is also effective in revealing the collective consciousness and cultural system of the transmission group.

Land Law Meaning of the Land Development Permission System (토지개발허가제의 토지법적 의의 -「국토계획법」 제56조를 중심으로-)

  • Lee, Sun-Young;Kim, Sang-Jin
    • Korea Real Estate Review
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    • v.24 no.1
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    • pp.77-90
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    • 2014
  • With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

The political implication of Malaysia's electoral authoritarian regime collapse: Focusing on the analysis of the 14th general election (말레이시아 선거권위주의 체제 붕괴의 정치적 함의 : 2018년 14대 총선을 중심으로)

  • HWANG, Inwon
    • The Southeast Asian review
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    • v.28 no.3
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    • pp.213-261
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    • 2018
  • On May 9, 2018, regime change took place in Malaysia. It was the first regime change that took place in 61 years after independence in 1957. The regime change was an unexpected result not only in Malaysian experts but also in political circles. Moreover, the outcome of the election was more shocking because the opposition party was divided in this general election. The regime change in Malaysia was enough to attract worldwide attention because it meant the collapse of the oldest regime in the modern political system that exists, except North Korea and China. How could this have happened? In particular, how could the regime change, which had not been accomplished despite opposition parties' cooperation for almost 20 years, could be achieved with the divided opposition forces? What political implications does the 2018 general election result have for political change and democratization in Malaysia? How will the Malaysian politics be developed in the aftermath of the regime change? It is worth noting that during the process of finding answers, a series of general elections since the start of reformasi in 1998 tended to be likened to a series of "tsunami" in the Malaysian electoral history. This phenomenon of tsunami means that, even though very few predicted the possibility of regime change among academia, civil society and political circles, the regime change was not sudden. In other words, the regime in 2018 was the result of the desire and expectation of political change through a series of elections of Malaysian voters last 20 years. In this context, this study, in analyzing the results of the election in 2018, shows that the activation of electoral politics triggered by the reform movement in 1998, along with the specific situational factors in 2018, could lead to collapse of the ruling government for the first time since independence.

Ontology Design for the Register of Officials(先生案) of the Joseon Period (조선시대 선생안 온톨로지 설계)

  • Kim, Sa-hyun
    • (The)Study of the Eastern Classic
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    • no.69
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    • pp.115-146
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    • 2017
  • This paper is about the research on ontology design for a digital archive of seonsaengan(先生案) of the Joseon Period. Seonsaengan is the register of staff officials at each government office, along with their personal information and records of their transfer from one office to another, in addition to their DOBs, family clan, etc. A total of 176 types of registers are known to be kept at libraries and museums in the country. This paper intends to engage in the ontology design of 47 cases of such registers preserved at the Jangseogak Archives of the Academy of Korean Studies (AKS) with a focus on their content and structure including the names of the relevant government offices and posts assumed by the officials, etc. The work for the ontology design was done with a focus on the officials, the offices they belong to, and records about their transfers kept in the registers. The ontology design categorized relevant resources into classes according to the attributes common to the individuals. Each individual has defined a semantic postposition word that can explicitly express the relationship with other individuals. As for the classes, they were divided into eight categories, i.e. registers, figures, offices, official posts, state examination, records, and concepts. For design of relationships and attributes, terms and phrases such as Dublin Core, Europeana Data Mode, CIDOC-CRM, data model for database of those who passed the exam in the past, which are already designed and used, were referred to. Where terms and phrases designed in existing data models are used, the work used Namespace of the relevant data model. The writer defined the relationships where necessary. The designed ontology shows an exemplary implementation of the Myeongneung seonsaengan(明陵先生案). The work gave consideration to expected effects of information entered when a single registered is expanded to plural registers, along with ways to use it. The ontology design is not one made based on the review of all of the 176 registers. The model needs to be improved each time relevant information is obtained. The aim of such efforts is the systematic arrangement of information contained in the registers. It should be remembered that information arranged in this manner may be rearranged with the aid of databases or archives existing currently or to be built in the future. It is expected that the pieces of information entered through the ontology design will be used as data showing how government offices were operated and what their personnel system was like, along with politics, economy, society, and culture of the Joseon Period, in linkage with databases already established.

Cultural Conflicts and Characteristics of Anti-Korean Wave in Southeast Asia: Case Studies of Indonesia and Vietnam (동남아시아 반한류에 나타난 문화적 갈등과 특성: 인도네시아와 베트남을 중심으로)

  • KIM, Su Jeong;KIM, Eun June
    • The Southeast Asian review
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    • v.26 no.3
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    • pp.1-50
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    • 2016
  • This paper aims to investigate the cultural conflicts and characteristics of anti-Korean Wave discourse taken placed among Southeast Asian countries. To do this, it takes Vietnam and Indonesia as the study cases, which have been showing a trend of anti-Korean Wave discourse as well as high popularity of Hallyu. As research methods, the paper analyzes both on-line discourses of anti-Korean Wave and the email audience interviews from both countries. The results show some significant differences between the two countries as well as the similarity that Anti-Korean Wave discourses have been actively produced and disseminated through on-line media. As for Indonesia, the Anti-Korean Wave discourse pivots on the elements clashing between Indonesia's religion and cultural values and Korean consuming culture. According to the Anti-Korean Wave discourse, K-pop contents and entertainers are criticized for damaging the society's morals and cultural identities based on Islamic rules and values. Thus, the sentiment of the Anti-Korean Wave is likely to lead to the cultural nationalism for the sake of their cultural identity. As for Vietnam, anti-Korean Wave discourse mainly consists of issues on enthusiastic K-pop fans' anti-social behaviors and generational conflicts which are presumed attributed as the chief factor of the Anti-Korean Wave. In the Vietnamese discourse, social elites and adults treat the enthusiastic K-pop fans as those who are in need of educational care or psychological therapy. Unlike the Indonesian case, anti-Korean Wave discourse in Vietnam criticized the K-pop and the performer's competence for being cheap sexy and incompetence. They also denounce Korean dramas for their trite, typical story lines, use of excessive emotion, and unrealistic nature. However, the two country's interview participants have in common both acknowledged that rather than considering the Anti-Korean Wave as an issue that needs to be resolved it should be embraced as a natural cultural phenomenon.

Review of context & meaning of Jeongjeonje by Yi Hang-no (화서(華西) 이항노(李恒老)의 정전제(井田制) 주장과 그 함의(含意))

  • Park, Sung-soon
    • (The)Study of the Eastern Classic
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    • no.48
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    • pp.195-223
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    • 2012
  • Until now, I guess, many scholars misunderstood the characteristic of economic awareness of Yi Hang-no as if it was a modern nationalism or radicalism against Japanese anti-Korean insistences. But I think these opinions are out of historical attitude. So to understand Yi's economic awareness correctly, I think, We should focus on the traditional Confucian thought system at that time. As one method to reach the goal, I focused on the word, Jeong-jeon-je: Oriental equal land system. Yi Hang-no put the importance on Jeong-jeon-je to make utopia he dreamed of. Yi thought Jeong-jeon-je is the basis of equal society and strong state. Also Yi thought a moral society would be achieved by Jeong-jeon-je because the equal land system, so called Jeong-jeon-je provide peasants with equal lands, so it makes peasants stable in economic situation. Especially, Yi Hang-no put importance on that Jeong-jeon-je would raise moral consciousness of people because equal economic condition makes people wealthy, so people would be good men naturally. Yi Hang-no explain it in basis of Insim-Dosim-seol: a theory of two minds bad & good to be. Yi Hang-no thought equal economic condition is the basis of making people moral being. He thought Jeong-jeon-je was a basis of the condition. Reversely, Yi thought Western insists of trade was the beginning of making people fight for individual benefit, so it produces devil selfishness out of human mind. That was the reason that Yi Hang-no opposed the trade with Western Powers. Eventually Yi's assertion of embargo came out of his Insim-Dosim-seol. In this context, Yi's Jeong-jeon-je was insisted as a method to raise human moral consciousness.

Review on the allegory & satire of the Hoji and Yangbanjeon (<호질>과 <양반전>의 우언과 풍자 대한 보론(補論))

  • Chung, Haksung
    • (The)Study of the Eastern Classic
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    • no.69
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    • pp.179-204
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    • 2017
  • Hojil(虎叱) and Yangbanjeon(兩班傳) reveal the characteristic styles of Park Jiwon(朴趾源)'s writing, which is combining styles of unofficial history/biography(外傳) and allegory(寓言), and full of the senses of satire and humour which form another characteristc of his writing style or tone. This paper reexamines narrative styles, meaning structures and themes of these two works which combine the styles of unofficial history/biography and allegory, and researches methods and techniques of allegory and satire which presents the subversive and critical themes and thoughts of the author. In Hojil, combining of the two styles, the author constructs the narrative world and plot, manipulates allegoric figures to symbolize and present multilayered meaning, and criticize the decadence of confucian aristocracy [Sadaebu: 士大夫] and it's abuses. In Yangbanjeon by combining of two styles, the author weave a biography of Yangban(兩班) in general, which presents the attributes and historical position of the Yangban class. And by the nonsensical fictional event which caricatures crisis of the Yangban class, and tedious description of the manners and behaviors of the Yangban, the author and satires the snobbery of the Yangban and the absurdity of their classical privileges. As he did in Hojil, the author urges the self-examination of the reader raising a question about the position and the function or duty of the Yangban class in the changing world. And the various skills of satire together with the irony, paradox, parody and pun were used dexterously in above two works.

Temperature and Solar Radiation Prediction Performance of High-resolution KMAPP Model in Agricultural Areas: Clear Sky Case Studies in Cheorwon and Jeonbuk Province (고해상도 규모상세화모델 KMAPP의 농업지역 기온 및 일사량 예측 성능: 맑은 날 철원 및 전북 사례 연구)

  • Shin, Seoleun;Lee, Seung-Jae;Noh, Ilseok;Kim, Soo-Hyun;So, Yun-Young;Lee, Seoyeon;Min, Byung Hoon;Kim, Kyu Rang
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.22 no.4
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    • pp.312-326
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    • 2020
  • Generation of weather forecasts at 100 m resolution through a statistical downscaling process was implemented by Korea Meteorological Administration Post- Processing (KMAPP) system. The KMAPP data started to be used in various industries such as hydrologic, agricultural, and renewable energy, sports, etc. Cheorwon area and Jeonbuk area have horizontal planes in a relatively wide range in Korea, where there are many complex mountainous areas. Cheorwon, which has a large number of in-situ and remotely sensed phenological data over large-scale rice paddy cultivation areas, is considered as an appropriate area for verifying KMAPP prediction performance in agricultural areas. In this study, the performance of predicting KMAPP temperature changes according to ecological changes in agricultural areas in Cheorwon was compared and verified using KMA and National Center for AgroMeteorology (NCAM) observations. Also, during the heat wave in Jeonbuk Province, solar radiation forecast was verified using Automated Synoptic Observing System (ASOS) data to review the usefulness of KMAPP forecast data as input data for application models such as livestock heat stress models. Although there is a limit to the need for more cases to be collected and selected, the improvement in post-harvest temperature forecasting performance in agricultural areas over ordinary residential areas has led to indirect guesses of the biophysical and phenological effects on forecasting accuracy. In the case of solar radiation prediction, it is expected that KMAPP data will be used in the application model as detailed regional forecast data, as it tends to be consistent with observed values, although errors are inevitable due to human activity in agricultural land and data unit conversion.

A Review on the Legal System for Natural Environment Conservation and Protected Areas Status in DPRK (북한의 자연환경 보전 법제 및 보호지역 현황 고찰)

  • Heo, Hag Young;Yu, Byeong-hyeok
    • Korean Journal of Environment and Ecology
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    • v.35 no.1
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    • pp.81-91
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    • 2021
  • The Democratic People's Republic of Korea did not have direct legislation on natural environmental conservation until the early 1970s when the regime was still in the early stage. The Law on Land was enacted in 1977 to provide the legal basis for protecting the natural environment, including land protection, protection zones, and forest formation and protection. The enactment of the Law on Environmental Protection in 1986 made progress on environmental conservation in the DPRK. The constitutional amendment in 1992 stipulated "the preservation and creation of the natural environment as the responsibility of the state." Based on the Framework Law on Environmental Protection, subordinate statutes in various fields were enacted after the1990s. While the committee designated and managed the protected zones in the early days, the Framework Law on Environmental Protection established the ground for the designation of legally protected areas, and the Law on Protection of Scenic Spots and Natural Monuments enacted in 1995, and the Law on Environmental Protection enacted in 2009 provided the details. Furthermore, the types of nature reserves include biosphere reserves, primeval forest reserves, animal reserves, plant reserves, and scenic reserves. The 2nd National Biodiversity Strategy and Action Plan established in 2007 based on the Convention on Biological Diversity(CBD) stated 326 protected zones in the DPRK. However, the 2018 United Nations list of Protected Areas shows only 31 registered zones, indicating the need to establish basic information on protected areas in DPRK. This study can provide basic information for a better understanding of the nature conservation system in the DPRK. Considering that environmental protection activities such as protection of endangered species and recovery of environmental pollution are subject to exceptions under the current sanctions against North Korea (UN Security Council, the United States), it will be possible to contribute to identifying possible inter-Korean cooperation projects in the field of the natural environment.