• Title/Summary/Keyword: Space Language

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A Study on Modernization of International Conventions Relating to Aviation Security and Implementation of National Legislation (항공보안 관련 국제협약의 현대화와 국내입법의 이행 연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.201-248
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    • 2015
  • In Korea the number of unlawful interference act on board aircrafts has been increased continuously according to the growth of aviation demand, and there were 55 incidents in 2000, followed by 354 incidents in 2014, and an average of 211 incidents a year over the past five years. In 1963, a number of states adopted the Convention on Offences and Certain Other Acts Committed on Board Aircraft (the Tokyo Convention 1963) as the first worldwide international legal instrument on aviation security. The Tokyo Convention took effect in 1969 and, shortly afterward, in 1970 the Convention for the Suppression of Unlawful Seizure of Aircraft(the Hague Convention 1970) was adopted, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(the Montreal Convention 1971) was adopted in 1971. After 9/11 incidents in 2001, to amend and supplement the Montreal Convention 1971, the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation(the Beijing Convention 2010) was adopted in 2010, and to supplement the Hague Convention 1970, the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft(the Beijing Protocol 2010) was adopted in 2010. Since then, in response to increased cases of unruly behavior on board aircrafts which escalated in both severity and frequency,, the Montreal Protocol which is seen as an amendment to the Convention on Offences and Certain Other Acts Committed on Board Aircraft(the Tokyo Convention 1963) was adopted in 2014. Korea ratified the Tokyo Convention 1963, the Hague Convention 1970, the Montreal Convention 1971, the Montreal Supplementary Protocol 1988, and the Convention on the Marking of Plastic Explosive 1991 which have proven to be effective. Under the Tokyo Convention ratified in 1970, Korea further enacted the Aircraft Navigation Safety Act in 1974, as well as the Aviation Safety and Security Act that replaced the Aircraft Navigation Safety Act in August 2002. Meanwhile, the title of the Aviation Safety and Security Act was changed to the Aviation Security Act in April 2014. The Aviation Security Act is essentially an implementing legislation of the Tokyo Convention and Hague Convention. Also the language of the Aviation Security Act is generally broader than the unruly and disruptive behavior in Sections 1-3 of the model legislation in ICAO Circular 288. The Aviation Security Act has reflected the considerable parts of the implementation of national legislation under the Beijing Convention and Beijing Protocol 2010, and the Montreal Protocol 2014 that are the modernized international conventions relating to aviation security. However, in future, when these international conventions would come into effect and Korea would ratify them, the national legislation that should be amended or provided newly in the Aviation Security Act are as followings : The jurisdiction, the definition of 'in flight', the immunity from the actions against the aircraft commander, etc., the compulsory delivery of the offender by the aircraft commander, etc., the strengthening of penalty on the person breaking the law, the enlargement of application to the accomplice, and the observance of international convention. Among them, particularly the Korean legislation is silent on the scope of the jurisdiction. Therefore, in order for jurisdiction to be extended to the extra-territorial cases of unruly and disruptive offences, it is desirable that either the Aviation Security Act or the general Crime Codes should be revised. In conclusion, in order to meet the intelligent and diverse aviation threats, the Korean government should review closely the contents of international conventions relating to aviation security and the current ratification status of international conventions by each state, and make effort to improve the legislation relating to aviation security and the aviation security system for the ratification of international conventions and the implementation of national legislation under international conventions.

The Implication and Issues of Landscape Design Education through National Exhibition of Korean Landscape Architecture (대한민국환경조경대전을 통해 본 조경 설계 교육의 쟁점과 시사점)

  • Choi, Jung-Mean;Yun, Su-jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.44 no.2
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    • pp.108-121
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    • 2016
  • The purpose of this study is to explore the issues and implications for landscape design education in Korean landscape architecture by analyzing the National Exhibition of Korean Landscape Architecture(NEKLA). This study analyzed the suggested topics and selected site as well as the commentary that appeared in the NEKLA's award-winning book published from 2004 to 2014. Results of the study are as follows: First, topics of NEKLA are not only competition guidelines but related to exploring new area and role of Korean landscape architecture. Second, most dealing with site is 'industrial heritage and regeneration space' and 'green infrastructure'. In more recent years, a larger variety of sites were addressed. Third, site locations are concentrated in metropolitan areas, and awards and participation of the non-metropolitan universities was very low. Fourth, seven criteria can be applied in a general landscape design competition such as 'newness of the concept(idea)', 'logicality of the design process', 'selection of site fidelity of analysis(interpretation)', 'presentation and completion of the master plan', 'consistency with the theme', 'linkage of concepts and results' and 'feasibility'. The evaluation criteria are increasing the sophistication of the design language to provide useful suggestions on how to find design education methods. Its implications are as follows: First, training is essential to derive innovative ideas, but it should avoid excessive concept-oriented education. Second, design education may include instruction on how to define the problems related with the site. Third, more emphasis on design logic is essential to transform the innovative concept to actual results. Fourth, 'slick images' unrelated to design should be suppressed. Fifth, practice is needed to solve the topics addressed in the design process of education. Sixth, 'feasibility' and 'creative thinking' are necessary to recognize a reciprocal relationship that is helpful to one another. This study uses direct quote commentary to minimize the subjectivity of the researcher and to trace issues of the contemporary landscape architecture more directly and vividly. This study is a record waiting for another review as meta-criticism. In this regard this study, the landscape architect of the next times will have a mean that historical records to review the current thinking of the landscape theory and design.

Social Learning Values in the Justification Discourses for One Million-pyeong Park, Busan, South Korea (담론분석을 통한 100만평공원운동의 사회학습적 가치)

  • Lee, Sungkyung;Kim, Seung-Hwan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.5
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    • pp.19-27
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    • 2013
  • This paper claims that the One Million-peyong Park(hereafter abbreviated as OMP) project is different from a typical citizen participatory park project by recognizing the exceptional leadership of the Civic Committee for the One Million-pyeong Park Construction(CCOMPC) in promoting and developing the OMP project. Since 2001 the CCOMPC has published a variety of written promotional materials to inform and educate the public about the project. In terms of approaching the promotional materials, this research focuses on the use of language on how the CCOMPC justifies the OMP project, namely the OMP justification discourse, and considers the discourse as a unique form of social document that represents the perspective of the CCOMPC in explaining the local environmental issues and values of urban parks to the public. Using a discourse analysis method, this research analyzes the justification discourses and investigates how they changed over the three main development phases of the OMP: the initiation and preliminary development phase(1999-2001.2), the development phase (2001.2-2008), and the time period after the greenbelt policy release on Dunchi Island(2008-present). In each discourse, the OMP project is rationalized as a citizen participation park project that (1) aims to enhance the quality of public green space in Busan, (2) is accompanied by various community engagement programs that emphasize the value of urban nature and environmental education to expand citizen participation, and (3) has contributed to the National Urban Park Bill. This research emphasizes the role of the discourses in helping the public gain a critical understanding about the local environment and values of urban parks. By analyzing the contents of the discourses, it explains the social learning values of the OMP expressed in the discourses.

An Assessment on the Urban Riverfront in Shincheon, Daegu - Focused on a Universal Design Concept - (대구광역시 신천의 친수공간 평가 연구 - 유니버설디자인 개념을 중심으로 -)

  • Choi, Dong-Sik;Moon, Ji-Won;Kim, Shang-Hee
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.2
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    • pp.1-14
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    • 2012
  • The purpose of this study is to derive a desirable riverfront construction plan to me for the activities of citizens through the evaluation and analysis of the urban riverfront space from the perspective of universal design. Therefore, previous studies were examined in order to induce evaluation tools that bhve been grafted from the universal design concept; in addition, a field survey was conducted in Shincheon, Daegu, which was selected as the study target, in order to induce problems and improvement directions from the perspective of universal design. The major results can be summarized as follows. (1) In the 'fairness' aspect, all the items such as installation of integrated functional signage, showing pictures, symbols, foreign language signs, and restroom entrances signage were determined to be 'All Unsuitable' for all sections; and therefore, it is necessary to improve the fairness of usage for everybody. (2) In the 'Functionality(Usability)' aspect, all items such as installation of bicycle paths beside access roads, installation of integrated functional signs, and night light signs were determined to be 'All Unsuitable' for all sections; therefore, it is necessary to improve the functionalities of these facilities. (3) In the 'Convenience' aspect, all items such as the installation of bicycle parking areas, continuous rest facilities, and back and ann support(handles) at resting facilities were determined to be 'All Unsuitable' for many sections; therefore, it is necessary to improve these facilities for the convenience of usage. (4) In the 'Information(Recognizability)' aspect, all items such as showing pictures, symbols, foreign languages and installation of night light signs, and restroom entrances signage were determined to be 'All Unsuitable' for all sections; therefore, it is necessary to improve the recognizability to minimize misunderstandings and confusion. (5) In the 'Safety' aspect, all items such as the installation of safe pedestrian paths in parking areas, using anti-slip and shock absorption materials on restroom floors, and the continuous installation of pedestrian paths that are separate from bicycle paths were determined to be 'All Unsuitable' for all sections; therefore, it is necessary to improve the safety to prevent accidents. (6) In the 'Amenity' aspect, access roads, parking areas, hygiene facilities, convenience facilities, and waterside facilities for many sections were determined to be 'All Unsuitable'; therefore, it is necessary to conduct more concentrated hygiene management. (7) In the 'Accessibility(Mobility)' aspect, all items such as the installation of safe pedestrian paths in parking areas, and continuous pedestrian paths that are separate from bicycle paths were determined to be 'All Unsuitable' for all sections; therefore, it is necessary to improve the accessibility to provide safety and convenience. (8) In the 'Durability' aspect, access roads, parking areas, rest facilities, convenience facilities, fitness facilities, and waterside facilities were determined to be 'All Unsuitable' for many sections, therefore, it is necessary to improve sunken or damaged areas by inspecting facilities by section.

Original Landscape of MuGi-YeonDang and Yuhoejeong Pavilion Area in Chirwon through (<하환정도(何換亭圖)>를 통해 본 칠원 무기연당(舞沂蓮塘)과 유회정(有懷亭) 일곽의 원형경관)

  • Rho, Jae-Hyun;Son, Hee-Kyung;Park, Tae-Hee
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.35 no.4
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    • pp.1-13
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    • 2017
  • This thesis aims to research the original landscape of an area in Chirwon by comparing and interpreting the current and the former landscape of the time around 1860, in which was created. Inside the painting, MuGi-YeonDang(舞沂蓮塘), its nearby garden facilities and landscape are described. The conclusions of the research are as follows. Around the inner garden(內園) called Gukdam(菊潭), core spaces of Mugi-YeonDang were Hahwanjeong(何換亭) and Pungyongnu(風浴樓). After 1971, Chunghyosa(忠孝祠), Yeongjeonggak(影幀閣) which was built as inheritance of Giyangseowon (沂陽書院), and other buildings were added. On the opposite of Hahwanjeong, there is a designed pond inside Gukdam, in which three pieces of bizarre stones and colorful flower plants and trees reside. In the middle of the pond, there is an center island(中島), constructed with Bonghwangseok(鳳凰石) and Napduseok(衲頭石). Two different kinds of trees are settled on top of the stones, and one of them is identified as a maple. In the external scenery(外境), Jakdaesan Mountain and Cheonjusan Mountain are located at the upper part of Mugi-Yeondang, and Bibo Forest(裨補林), which does not exist anymore, was located at the lower part of it. A notable achievement in own research was to discover the Ju family's graveyard(朱氏墓群) consisted of more than 10 murals at the lower part of Mt. Jakdaesan in the outer space and the remains of 'Byeoreop(別業) Yuhoejeong(有懷亭)' at the nearby Sanjeong-ri(山亭里) area, which was the Ju family's gravesite(Seonsan, 先山). The discovered remains showed the presence of a square pond(方塘) and an island in the center of it(中島) in the form of Seokgasan(an artificial mountain made with stones), a stone monument called Mangchudae(望楸臺), etc. The Seokgasan was consisted of processed natural stones, and layers of the stones were piled up for it. On the side of the layered stones, 'Gyeongam(敬嵒)' and 'Sesim(洗心)' are engraved. Especially, Gyeongja(letter Gyeong, 敬字) is a copy of the Gyeongja Rock(敬字岩) of Sosu-Seowon(紹修書院), which is a symbolic garden language mutually used in the signboards of Pungyongnu and Musansa(武山祠), a place built to enshrine Ju, Sebung(周世鵬). Through the written names of the building found in , it can be assumed that the name of the square pond with Seokgasan was Taehwaji or Jeongwudang, and the name of the Seokgasan was Sogeumgang(小金剛) or Sobangjang(小方丈). The names correspond to the names of the Seokgasan of Gukdam, which was Yangsimdae(養心臺) and Bongnaesan(蓬萊山). By means of the corresponding names, it can be inferred that the relations between the spaces were intended. was originally created as 'a manor painting(莊園圖)', led by the 15th generation of the Ju family who moved into Chirwon-ri, Haman. The painting describes not only the back garden but also the external scenery, thus it provides important evidences for understanding Mugi-YeonDang and its nearby landscape, and is helpful to its maintenance and restoration.

A Study on Art's Public Features and Social Intervention by Keith Haring (미술의 공공성과 키스 해링(Keith Haring)의 사회적 개입에 관한 연구)

  • Kim, Jee-Young
    • The Journal of Art Theory & Practice
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    • no.8
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    • pp.59-87
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    • 2009
  • This thesis started from the attempt to make it clear that 80's American artist Keith Haring(1958-1990) had conducted social intervention of criticism, resistance, and participation through his works, and so pursued public value. Haring of graffiti fame left popular and familiar cartoon style pictures on the street wall, the billboards, the posters and so on. Popular and playful works was explained as his unique characteristics, but Haring's creative way at the field has more value than just being grasped as artist's personal characteristics. Haring's work pieces became everyday art by joining with people's life, and are working as a social speaking place. So I think that these Haring's art works possess characteristics of 'the public sphere'. 'The Public Sphere' means that is independent and free from the government or partisan economic forces, so that is not connected with the interested relations, and that is the sphere of rational argumentation without 'disguise' or 'fabrication', and that is the sphere where general public can participate in and is inspected by them. The public sphere between the sphere of public authority such a nation and a market and the private sphere of free individual, it is mutually connected with them and works as the space forming public opinion. Private individuals communicate with this public sphere and perform a role of direct and indirect check, balance, and social criticism way off from power. Openness that should include the voice of not only leading power but also the socially weak such as citizens, women, homosexuals, minority races, and so on, and alienated class, is an index of the public characteristics. The public sphere is not working just with speech and mass media. Many artists as well as Haring open their mouth and act through an art at the center of society, and create another public sphere by an art. I understood that the real participatory and practical characteristics on the Haring's work is a phenomenon and current of a part of the art world including Haring. Such current started from 1960s is the in-depth effort to be connected with the life more closely, to communicate with people, and to improve problems of life. And it has pursued public value on the different way from the nation or public power. Artists have intervened in the society with strategic and positive ways in order to raise pushed-out value and sinked rights as the public agenda, and labored to accept the value of variety and difference at the society. The aspect of such social intervention is the notable features, findable on the Haring's works and process. Haring's works include art historical meanings and are expressed with familiar and plastic language, so they were able to communicate with various classes. And he secured various customers at the field and the street. This communicative and public approach factor raised the possibility much for his works to work as the public sphere. Haring presented critical and resistant speech toward society with his works based on this factor. He asserted his position and justice of gender identity as a sexual minority. And his such work continued to movement for alienated class and social week over his own rights. His speech and message on the wall painting, poster, T-shirts, billboard of the subway, and so on worked as a spectacle and pressed concern with social issues and consciousness shift. And he's been trying to protect and care people who is injured by HIV and drug and to realize social justice through social week protection. Haring's works planned to meet many people as much as possible performed its role of intervening in society through criticism, resistance, speech, and participation, and controlling and checking social issues. These things considered, Haring's works show his consciousness about public attributes of art, and obviously include public value seeking. And also we can find the meaning of such his work as that an art is working as the public sphere and shows the possibility to discuss and practice public issues.

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A Study on the Formation of an Archive Book Based on Its Placeness : Focusing on the Archive Book, "Home of Roh Moo-Hyun" (장소성에 기반한 기록집(記錄集) 구성에 관한 연구 『노무현 대통령의 지붕 낮은 집(2019)』을 중심으로)

  • Kim, Tae-Hyun
    • The Korean Journal of Archival Studies
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    • no.60
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    • pp.123-159
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    • 2019
  • Given that the concept of reproducing landscape is similar to that of recording historical sights, places can become special space where memories are archived through meaningful activities. Therefore, place and landscape are the important concepts for understanding the Home of Roh Moo-hyun. This research was initiated when Roh Moo-hyun Foundation's decided to return the Home of Roh Moo-hyun to the public. A research report was published as the first result of this initiative. Then an archive book was recently published based on the first research report. The research report was about philosophical and aesthetic meanings and contents, the layers of accumulated memories, the records based on the accumulated memories, and the attributes of the place, and the possibility of archiving, whereas the purpose of the archive book is to restore and to curate the original meaning of the Home of Roh Moo hyun through cultural events. There are 'three memories' of layers in the Home of Roh Moo-hyun. The first memory is about 'life and dreams' that President Roh Moo-hyun dreamed about after his retirement to the hometown. The second memory is about 'the loss of time' for 10 years of time after the decrease of the President Roh Moo-hyun. The third memory is 'the memory of citizens', which started with the public opening of the Home of Roh Moo-hyun. 'Low Roof House of President Roh Moo-hyun' is the archive book that comprises the three memories which are accumulated in the home of Roh Moo-hyun and 'record language' full of meanings.

Receptive Aspects of Rituals appearing in Korean Theatric Arts - With a focus on ritualistic characteristics presented in the play "Sanssikgim" and "Ohgu-formality of death" (한국 연극에 나타난 제의 수용 양상 - 연극 「산씻김」과 「오구-죽음의 형식」에 나타난 제의적 특성을 중심으로)

  • Choi, Kyoungsung
    • (The) Research of the performance art and culture
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    • no.23
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    • pp.245-280
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    • 2011
  • One of the major streams of modern play in Korea is the work of introducing Korea's traditional ritual-'gut' into a play. Such work, together with the stream of diversification of culture, has brought about the tendency to induce 'gut' into a play in a creative way. The research on ritual plays in Korea has been done in the direction of studying the ritual plays in the West centering on the work of theoretically inquiring into histrionic features inhering in 'gut' as a ritual. This research made an analysis of the receptive aspect of rituals and histrionic characteristics presented in Korea plays through "Sanssikgim" and "Ogu" on the basis of the theory of ritual plays established by Artaud. In an effort to understand the receptive aspect of rituals, this research analyzed what forms these Korean works are borrowing from "Ssikgim gut" and "Ogu gut" while analyzing these works differently from the viewpoint of Artaud regarding characteristics of ritual plays. Accordingly, this research made an analysis of the structure and characteristic of "gut" with the aim of understanding in what form "gut" is absorbed into Korean plays by looking at the theatric receptive forms of "gut." The ritual plays in Korea originated in "gut." Likewise, the theater of cruelty by Artaud was greatly influenced by the belly dance stemming from "mudang-gut" in Asia. Accordingly, there is considerably exposed something in common between the ritual play in Korea and Artaud's theater of cruelty. "Gut" in Korea, or ritual plays are a little different from Artaud's work which makes its audience feel unfamiliar in that 'gut' or ritual plays in Korea are pursuing ritualistic quality and playing quality simultaneously, but there exists a similarity between the two in that they both desired to have communication with audiences. This researcher strongly believes that for the time to come, when the receptive aspect of the modern play assuming ritualistic quality is developed using the medium of communication with audiences, purification and play therapy, its direction will be more noticeably exposed.

Burqanism from the Origin of the Pastoral Nomadic Koryo Region and the Vision of Korean Livestock Farming (고려의 원시영역 유목초지, 그 부르칸(불함)이즘과 한국축산의 비전)

  • Chu Chae Hyok
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.25 no.1
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    • pp.71-82
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    • 2005
  • Khori(高麗) refers to the Chaabog(reindeer) that live on lichens(蘚) on Mt. Soyon(鮮) in which pastures are the cold and dry plateau of North Eurasia. Thus, the origin region of the Khori or Koguryo that are the ancestors of the reindeer-herding pastoral nomads(馴鹿 遊牧民) can be said to be the Steppe-Taiga-Tundra pastoral areas of North Eurasia and North America. When the pastoral nomads moved on to the great mountain(大山) zone of the Jangbaek(長白) to the Baekdu(白頭) Mountains, they could have been in contact with pastoral farmers or agricultural farmers living there and they became the farmers remaining on agricultural farms. They were the Koryo people, the ancestors of Korea. Staying in one place, they gradually forgot the origin of their reindeer-herding pastoral nomadic history in the Northwest area of Mt. Soyon, the small mountain(小山) zone of the Steppe-Taiga-Tundra pastoral areas. In other words, they lost their identity as reindeer-herding pastoral nomads when they entered the agricultural area after leaving the pastoral area. However, since their basic genes had already formed when they lived on the cold and dry plateau of North Eurasia, it is possible to study their pastoral nomadic history focusing on 'the minority living in the broad area(廣域少數)', by utilizing highly advanced biotechnological science and focusing on genes and information technology innovation, and removing various past hindrances in research. Therefore, it is not so difficult to restore the reindeerherding pastoral nomadic history of the Koguryo(高句麗) people and secure their pastoral nomadic identity, of which the first steps have already been taken into their historical stages. The Eurasian continent and the Korean peninsula, especially the cold and dry plateau of North Eurasia and the Korean peninsula have been closely related to each other ecologically and historically. They can never be a separate space at all. The Eurasian continent lies horizontally east to west and thus, the continent forms an isothermal zone. Also, since the time of producing their own foods, it was relatively easy for people with their technology to move to other places owing to the pastoral nomadic characteristic of mobility. Unlike the Chungyen(中原) region, western Asia and the regions covering the Siberia-Manchu-Korean peninsula where food production revolution was first made were connected to the Mongolian lichens route(蘚苔之路: Ni, ukinii jam) and steppe roads. Although the ecological conditions of nature have changed a bit throughout a long history, it was natural for the many tribes in North Asia living on the largest Steppe-Taiga-Tundra area in the world to have believed 'the legends related to animals in relation to their founders and ancestors(獸祖傳說)'. Assuming that Siberian tigers and the tigers living on Mt. Baekdu were connected ecologically and genetically because of the ecological characteristics of the animals, and their migration from plateau to plateau, we would suspect that the Chosun(朝鮮) tribe living on Mt. Baekdu were ethnically and culturally more closely connected to the farther removed Ural-Altai tribes that lived on the cold and dry plateau region than to the Han(i14;) tribe who lived in Chungyen(中原) that was close to Mt. Baekdu. More evidence is the structure of the Korean language which has the form of 'Subject + Object + Verb', which is assumed to have originated from the speedy lifestyle of the reindeer-herding pastoral nomads. The structure is quite different from that of the Han(漢) language, which is based on agricultural life. Also, it is natural for reindeer riding reindeerherding pastoral nomads or horse-riding sheep-herding pastoral nomads(騎馬, 羊遊牧民) to have held military and political power over the region and eventually to have established an ancient pastoral nomadic empire in the process of their conquest of agricultural regions. The stages for founding global empires in the history of mankind maybe largely divided into two, in terms of ecological conditions and occupations. They are the steppes and the oceans. Of course, the steppe-based empires were established based on the skills to deal with horses and the ability to shoot arrows while riding horses, along with the use of iron ware in the 8th century BC. The steppe-based empires became the foundation for an oceanic empire, which could have been established by the use of warships and warship guns since the 15th Century. Based on those facts, we know that Chosun, Puyo(夫餘), and Koguryo are the products of a developmental process of pastoral nomadic empires on the steppes. Maybe we can easily find the pastoral nomadic identity of the Koguryo more than we expected when we trace the origins and history of the Korean tribe living in the pastures located in the northwest area of Mt. Jangbaek by focusing on pastoral nomadic mobility and organization just as we have investigated the historic origins of Anglo-Saxons in America by focusing on the times before the 15th Century. In the process, we should keep in mind that English culture originated from the Industrial Revolution and was directly delivered to the American continent, although America was far from England and was not an intermediate point on long sojourns either. Further, American culture came back to England in a more advanced form later. The most important thing currently to be resolved is to cause Koreans to look back on their own history in a freer way of thinking and with diverse, profound, and sharp insight, taking away the old and existing conventional recognition that is entangled with complicated interests with Korean people and other countries. The meanings of Chosun, Khori, and Solongos have been interpreted arbitrarily without any historic evidence by the scholars who followed conventional tradition of fixed-minded aristocrats in an agricultural society. If the Siberian cultural properties of the stone age, the earthenware age, the bronze age, and the iron age are analyzed in such a way, archaeological discovery will never be able to contribute to the restoration of the Koguryo's pastoral nomadic identity. One should transcend the errors that tend to interpret the cultural properties discovered in the pastoral nomadic regions as not being differentiated from those of agricultural regions and just interpret them altogether from the agricultural point of view. A more careful intention is required in the interpretation of cultural properties of ancient Korean empires that seem to have been formed due to mutual interactions of pastoral nomadic and agricultural cultures. Also, it is required that the conventional recognition chain of 'reverse-genes' be severed, which has placed more weight on agricultural properties than pastoral nomadic ones, since their settlement on agricultural farms was made after the establishment of their ancient pastoral nomadic empires. There is no reason at all to place priority on stoneware, earthenware, bronze ware, and iron ware than on wooden ware(木器) and other ware which were made of animal skins(皮器), bones and horns(骨角器), in analyzing the history in the regions of reindeer or sheep pastures. Reading ancient Korean history from the perspective of pastoral nomadic history, one feels strongly the instinctive emotions to return to the natural 'mother place'. The reindeer-herding pastoral nomadic identity of the Koguryo people that has been accumulated in volumes in their genes and hidden deep inside and have interacted organically could be reborn with Burqanism(Burqan refers to 不咸 in Chinese), which was their religion by birth and symbolized as the red willow(紅柳=不咸). The mother place of the Koguryo's people is the endless vast green pastures of North Eurasia and North America, where we anticipated the development of Korean livestock farming following the inherent properties in the genes of the reindeer-herding pastoral nomads with Korean ancestors. We anticipate that the place would be the core resource that could contribute to the development of life of living creatures following the inherent properties of their genes and biotechnological factors. In other words, biotechnology used for a search for clues on the well-being of humans could be the fruit brought by Burqanism of the Koguryo people and the fruit of the globalization of Korean livestock farming. It is the Chosun farmer in China come from the vast nomadic reindeer pastures of North Eurasia that resolved the food problem of a billion Chinese people with lowland paddy rice seeds (水稻) by transforming Heilongjiang Province(黑龍江省) into an oceanic lowland paddy rice field(水田). Even Mao Tse-tung(毛擇東) could not resolve the food problem by his revolution campaigns for tens of years. Today is the very time that requires the development of special livestock farming following the inherent properties of the ancient Korean reindeer-herding pastoral nomads that respected the dignity of life on the cold and dry plateau of North Eurasia and the America continent. I suggest that research should be started from the pastures of the Dariganga Steppe in East Mongolia that was the homeland of Hanwoo(韓牛) and the central horse-herding steppe place(牧馬場) of Chingis Khan's Mongolia. The Dariganga Steppe is awash with an affluent natural environment for pastoral nomadic living however, the quality of life of the pastoral nomads there is still low. I suggest we Koreans, the descendents of the Koguryo, should take our first steps for our livestock farming business project and develop the Northern nomadic pastures, here at the pastures of the Dariganga Steppe, which is the Mongolian core place of state-of-the-art technology for military weapons.

A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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