• Title/Summary/Keyword: Sovereignty

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A Study of Allocation of Military Airspace and Range Using Goal Programming (목표계획법을 활용한 군 공역 및 사격장 할당 모형 연구)

  • Lyu, Hyun-Min;Lee, Moon-Gul
    • Journal of the Korean Operations Research and Management Science Society
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    • v.40 no.2
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    • pp.63-77
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    • 2015
  • The territorial air that our sovereignty is being applied to is divided into several zones and areas. In order to use and manage them effectively, these zones and areas have laws, regulations and rules. The number of airspaces (MOA : Military Operation Area) and Ranges that are used in the military are limited and many airbases are being used for training. Currently the central department manages some, and the rest are independent airbases. Therefore, efficient allocation is not performed and the result occurs where airspaces and ranges are allocated unnecessarily. This is increasing the workload of staff leading to unnecessary re-work. To slove problem, this study proposed models for allocating airspaces and ranges using goal programming with multi-objective functions of minimizing the deviations of the target values.

A Study on the Creation and the Meaning of Cadastral Records in Japanese Colonial Period (일제강점기 지적공부(地籍公簿)의 작성과 의미)

  • Song, Hye-Young
    • Journal of architectural history
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    • v.27 no.2
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    • pp.29-38
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    • 2018
  • This study is to find out the process of changes concerning the cadastral records that consist of the cadastre, the cadastral map and various registers of land in Japanese Colonial Period. The cadastre and cadastral map were the most important part of them and became the basis of cadastral records. These two registers were first made out according to the Project of Colonial Land Survey in the year 1912. As the influx of foreign Weights and Measures was greatly influenced by the foreign concession since 1876, the traditional units of the Weights and Measures had abolished finally. The extortion of sovereignty led a rapid change to the Weights and Measures in 1910. Japan compelled us to change into Japanese System of Measurement. From that time on, Lot(筆地) and Pyeong(坪) were settled down on the registers of land.

The Review of Legal Regulations on Recall Service and Product Liability Law (리콜제도와 제조물책임법에 관한 고찰)

  • 허경옥
    • Journal of the Korean Home Economics Association
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    • v.34 no.5
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    • pp.67-84
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    • 1996
  • This study examined two laws protecting consumer's safety, the 'Product Liability Law' and 'Legal Regulations on Recall Service.' and investigated the need for and importance of the laws. Second, the requirements regarding the procedures for implementing these laws were reviewed. Regarding the 'Product Liability Law', the study considered how the damage and injury of consumers caused by defects in production would be compensated and under what conditions. Regarding the law to regulate Recall service, this study reviewed when and how producers must recall their products because of their defects. Finally, the directions for enacting these laws were suggested, and several difficulties arising from their enactment were considered. Several suggestions were made to enact these two raws in order to enhance comsumer safety, consumer sovereignty, and consumer well-being.

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A Study on the right to data portability for data sovereignty triggered by the GDPR enforcement (GDPR시행에 따른 데이터 주권강화를 위한 개인정보 이동권에 관한 연구)

  • Jeon, Ju-Hyun;Rhee, Kyung-Hyune
    • Annual Conference of KIPS
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    • 2018.10a
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    • pp.300-303
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    • 2018
  • 유럽연합(EU)의 GPDR(개인정보보호일반규정)시행에 따라 개인정보를 활용하는 사업자 입장에서는 개인정보 보호도 중요하지만 활용측면에 더 많은 관심을 보이고 있다. 개인정보 보호와 활용에 따른 균형점을 찾는 제도적 정착을 위해 개인정보 이동권에 대한 요구가 생겼다. 국내 개인정보 관련 법률에는 아직 근거가 없으며 개인정보처리자의 독립적 데이터 보유에 따른 책임 강화와 정보주체가 자신의 데이터를 관리하는 권리를 가지고 데이터 활용을 할 수 있는 개인정보 자기결정권이 더 요구된다. 이에 따라 본 논문에서는 GDPR의 개인정보 이동권에 대한 현황 및 준수사항을 알아보고 각 나라별 개인정보 이동(data portability)에 따른 개인정보 활용방안과 고려사항을 제시하고자 한다. 개인정보이동에 한 형태로 국내 마이데이터 시범 사업이 정착하기 위한 법칙, 기술적 대응사항을 제시하고자 한다.

And The State Will Prevail: The Elder Caregiver Sector in Singapore and Thailand

  • Devasahayam, Theresa W.;Gray, Rossarin
    • SUVANNABHUMI
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    • v.12 no.1
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    • pp.89-110
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    • 2020
  • Singapore and Thailand have been rapidly ageing. There has been a growing demand for eldercarers in the home-setting for which migrant domestic workers have filled the role. This paper examines the Association of Southeast Asian Nations (ASEAN) Consensus governing women migrant workers entering the eldercare sector. It argues that because the ASEAN Consensus is not legally binding, it only serves to reinforce the sovereignty of states in the treatment of migrant workers instead of member states acting in unison to ensure labour protections for this group; as a result, Singapore and Thailand do not feel the need to step up protections for this group of workers according to national labor laws and hence low-skilled women migrant workers entering the eldercare sector continue to be vulnerable to labour abuses. Thus as with globalization, the ASEAN Economic Community manifests the paradox of borders: that while states are economically interconnected and interdependent, they are simultaneously disconnected and independent from each other.

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Continuing Marxist-Leninist Perspectives of Literature in Vietnam: Social Criticism in Vietnamese Ecocriticism

  • Thanh T. Ho;Chi P. Pham
    • SUVANNABHUMI
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    • v.15 no.2
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    • pp.245-270
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    • 2023
  • Many publications of ecocritical research papers and translations of ecocriticism occur in Vietnam in recent years. This paper examines ecocritical scholarly writing in Vietnam, understanding how it corresponds to-reflects and attends to-contemporary Vietnamese society and politics. Specifically, this paper contextualizes Vietnamese ecocriticism in contemporary social and political concerns-embodied in journalistic and administrative documents-about the modernity-oriented postcolonial nation-building of Vietnam. In revealing critiques of political and social degenerations implied in ecocritical writings in Vietnam, this paper suggests that the emergence of ecocriticism in present-day Vietnam indicates a recent "political turn." More importantly, such emergence reflects and engages with the continuing Marxist perspective of literature as an instrument for social criticism and cultural revolution in Vietnam. Vietnamese ecocritics bear the mission of prophets of the time, public educators, and soul engineers, writing is an act of engaging with and influencing reality. Writing (literary and scholarly) still forms an idealized ideological instrument in the struggles for national homogeneity and sovereignty and social democracy in present-day Vietnam.

Still Aquamarine: China Factor and the 2020 Election Revisited

  • Kai-Ping Huang
    • Asian Journal for Public Opinion Research
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    • v.11 no.2
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    • pp.77-106
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    • 2023
  • The DPP's victory over the KMT in Taiwan's 2020 elections has been interpreted as a triumph for anti-China sentiment. However, the rise of political outsiders and their influence on voting behavior in this election were overlooked and underestimated. In this article, we examined different sources of data and found that supporters of these political outsiders mentioned sovereignty and cross-Strait issues less than the incumbent Tsai Ing-wen. However, when faced with the choice between Tsai and challenger Han Kuo-yu, voters who were concerned about governance chose Tsai, contributing to her winning a record number of votes. This article suggests that economic and governance issues had a considerable role in the election's result and will probably be the main focus of the 2024 presidential election. With the potential for a conflict in the Taiwan Strait increasing, anti-China sentiment is unlikely to be the deciding factor this time around.

The Construction Direction of the ROK NAVY for the Protection of Marine Sovereignty (국가의 해양주권 수호를 위한 한국해군의 전력건설 방향)

  • Shin, In-Kyun
    • Strategy21
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    • s.30
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    • pp.99-142
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    • 2012
  • Withe increased North Korea's security threats, the South Korean navy has been faced with deteriorating security environment. While North Korea has increased asymmetric forces in the maritime and underwater with the development of nuclear weapons, and China and Japan have made a large investment in the buildup of naval forces, the power of the Pacific fleet of the US, a key ally is expected to be weakened. The biggest threat comes from China's intervention in case of full-scale war with North Korea, but low-density conflict issues are also serious problems. North Korea has violated the Armistice Agreement 2,660 times since the end of Korean War, among which the number of marine provocations reaches 1,430 times, and the tension over the NLL issue has been intensifying. With tension mounting between Korea and Japan over the Dokdo issue and conflict escalating with China over Ieo do Islet, the US Navy has confronted situation where it cannot fully concentrate on the security of the Korean peninsula, which leads to need for strengthening of South Korea's naval forces. Let's look at naval forces of neighboring countries. North Korea is threatening South Korean navy with its increased asymmetric forces, including submarines. China has achieved the remarkable development of naval forces since the promotion of 3-step plan to strengthen naval power from 1989, and it now retains highly modernized naval forces. Japan makes an investment in the construction of stat of the art warship every year. Since Japan's warship boasts of its advanced performance, Japan's Maritime Self Defense Force is evaluated the second most powerful behind the US Navy on the assumption that submarine power is not included in the naval forces. In this situation, naval power construction of South Korean navy should be done in phases, focusing on the followings; First, military strength to repel the energy warship quickly without any damage in case of battle with North Korea needs to be secured. Second, it is necessary to develop abilities to discourage the use of nuclear weapons of North Korea and attack its nuclear facilities in case of emergency. Third, construction of military power to suppress armed provocations from China and Japan is required. Based on the above naval power construction methods, the direction of power construction is suggested as follows. The sea fleet needs to build up its war potential to defeat the naval forces of North Korea quickly and participate in anti-submarine operations in response to North Korea's provocations. The task fleet should be composed of 3 task flotilla and retain the power to support the sea fleet and suppress the occurrence of maritime disputes with neighboring countries. In addition, it is necessary to expand submarine power, a high value power asset in preparation for establishment of submarine headquarters in 2015, develop anti-submarine helicopter and load SLAM-ER missile onto P-3C patrol aircraft. In case of maine corps, division class military force should be able to conduct landing operations. It takes more than 10 years to construct a new warship. Accordingly, it is necessary to establish plans for naval power construction carefully in consideration of reality and future. For the naval forces to safeguard maritime sovereignty and contribute to national security, the acquisition of a huge budget and buildup of military power is required. In this regard, enhancement of naval power can be achieved only through national, political and military understanding and agreement. It is necessary to let the nation know that modern naval forces with improved weapon system can serve as comprehensive armed forces to secure the command of the sea, perform defense of territory and territorial sky and attack the enemy's strategic facilities and budget inputted in the naval forces is the essential source for early end of the war and minimization of damage to the people. If the naval power construction is not realized, we can be faced with a national disgrace of usurpation of national sovereignty of 100 years ago. Accordingly, the strengthening of naval forces must be realized.

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"Legal Study on Boundary between Airspace and Outer Space" (영공(領空)과 우주공간(宇宙空間)의 한계(限界)에 관한 법적(法的) 고찰(考察))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.2
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    • pp.31-67
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    • 1990
  • One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

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The International Civil Aviation Organization and Recent Developments of Air Law in a Changing Environment (변환기(變換期)에 있어서의 국제민간항공기구(國際民間航空機構)(ICAD)와 항공법(航空法) 발전(發展)의 최근(最近) 동향(動向))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.7-35
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    • 1992
  • The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

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