• Title/Summary/Keyword: Space related Korean law

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Prospect of the Military Aviation Law (군(軍) 항공법(航空法)의 조망(眺望))

  • Suh, Young-Duk
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.211-245
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    • 2003
  • While the necessity of introduction of legislative enactment for military aircraft operation became more evident especially after the Aviation Law that has recently been revised, the prospects of such legislative action in which adopts the unique nature of aircraft need to cone to life more than ever. Here lies our efforts to analyze the problems of Military Airbase Law, to introduce status of military-related legislations in other countries, and to examine legislative support system and overall direction for the legislative enhancement by presenting and discussing necessary subject matters m an endeavor to enact or revise the military-related aviation law.

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Developments in Space Law in regulating commercial space activities (우주(宇宙) 상업활동(商業活動) 규율(規律)에 있어서의 우주법(宇宙法)의 발전적(發展的) 위상(位相))

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.3
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    • pp.233-258
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    • 1991
  • This paper examines current developing status of space law as defined in terms of its unique principle that "the utilization of outer space for all mankind's interest". As commercialization of space activities has brought about heated debate on its legitimacy with respect to that principle, space law has come to witness a dual situation. One is the realization of that principle in establishing commercial space activities system where all mankind's interest is respected through the non-discriminatory distribution mode of space benefit. In satellite telecommunication system, the INTELSAT Organization assures its public service policy while protecting itself against a competition from separate systems. For remote sensing, commercialization of LANDSAT Systems promoted since 1984 seems not to affect present non-discriminatory distribution of data and information obtained. On the other hand, active participation of private entity aiming at commercial profit enables national government to manage more effective control and supervision of those activities with a view to promoting national interests. Also, newly developed private rules and regulations are emerging in business relations about commercial space activities. Extended capacity of national government assuring its national interest in production and distribution of international resources that is outer space, and regulation of space activities by newly developed rules and customs provoke a concern about a identity problem of space law. The best way to summarize this perspective might consist in saying that non space law regulations, which are not assumed as aiming at the promotion of all mankind's interest, are confirming their role about space related activities. For those reasous, we are now facing a developing status of space law as developments of commercial space activities continues.

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Urban Park and Green Space Planning System according to Newly Enacted Land Planning Related Laws, South Korea

  • Lee Myung-Woo
    • Journal of the Korean Institute of Landscape Architecture International Edition
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    • no.2
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    • pp.25-31
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    • 2004
  • Newly revised Urban Park Act and Land Planning Law are evaluated. Through exploring their functions and limits. Critical guidelines for Green Space Preservation and Planning Law are suggestec. The following is the summary of the findings: 1. New urban and regina! planning system has the foundation for green space plannig expressed as environmental planning, green space planning, landscape planning and park planning. 2. New Urban park act broadens and diversifies the range of urban park and green space(eg, stream and river, road, detention pond etc.) 3. The Urban Natural park items are removed because of long tenn unconstructed urban facilities and the new concept of 'Urban Park Zone' are inserted. And Green Space Preservation District and Urban Greening District's were introduced. And system of Contract of green space utilization and Agreement of Greening were adapted. 4. There exists new emerging needs for establishment of comprehensive green space preservation and planning law. 5. And the green space system can be classified to preservation system, recreation system and scenery system .. 6. The types of proposed green space planning are regional green space plg. urban green space plg, and district unit green space plg.

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Trend of Space Development and Issue (우주개발동향과 주요 이슈)

  • Cho, Hong-Je;Shin, Yong-Do
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.97-126
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    • 2014
  • October 4, 1957 the Soviet Sputnik 1 was launched into space the first time in the history of mankind. After launching, the realm of humankind was expanded to space. Today all countries of the world wage a fierce competition in order to utilize space for various purposes. World powers of space such as United States, Russia, China, and Japan, put reconnaissance satellites and ocean surveillance satellites into orbit, being able to easily see equipment and troops movement on earth. Each country makes efforts to occupy space assets through the militarization of space and expand national interests. Recently private companies or individuals involved in commercial space activities are becoming more prevalent. Thus, in addition to space activities for military purposes, commercial space activities become widespread. Individuals and private companies as well as nations are also involved in space activities. Outer space is not the monopoly of space powers such as the United States and Russia. The whole human race can benefit from free access to space, being the common heritage of mankind. In particular, outer space becomes an indispensable element of military activities and human life. Many countries are now entering space development, putting a lot of budget into new development programs. Republic of Korea also built the Narodo Space Center, starting its space development with budget and manpower. We have to find out ways to use space not only for military purposes but also for commercial space activities that can contribute to the national economy. In addition, through the joint efforts of the international community, we have to make efforts for preservation and peaceful use of space. Various issues relating to space activities and research should be studies in order to contribute to the progress of humanity. Those issues include the definition of outer space, space debris reduction and environmental conservation issues, non-bind measure cooperation - European International Code of Conduct, space law and national legislation related empowerment issues, arms control measures in space, and restrictions on the use of nuclear fuel. We also need to be involved in the discussion of those issues as one of responsible space countries. In addition, we try to find out regional cooperation schemes such as the ESA in the Europe actively. Currently in the Northeast Asia, cooperation bodies led by Japan and China respectively, are operated in the confrontational way. To avoid such confrontation, a new cooperative body needs to be established for cooperation on space exploration and information. The system to allow the exchange of satellite information for early warning of natural disasters needs to be built as well. In addition, efforts to enhance the effectiveness of the relevant international treaties on space, and fill in the blanks in international space laws should be made at the same time. To this end, we have to do a leading role in the establishment of standards such as non-binding measures (resolution) - Code of Conduct, being discussed in the UN and other organizations, and compliance with those standards. Courses in aerospace should be requires in law schools and educational institutes, and professional manpower need to be nurtured. In addition, the space-related technology and policy needs to be jointly studied among the private, public, and military groups, and the cross exchange among them should be encouraged.

The Constituent Elements of State Responsibility Regarding Space Activities of Private Entities from the Perspective of General International Law (일반 국제법상 민간기업의 우주활동에 대한 국가책임의 성립요건)

  • Jung, Yung-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.121-146
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    • 2018
  • In traditional international law, a state was internationally responsible only for its activities. With the diversification of the subjects of international law and with the expansion of state's activities, however, bearing international responsibility by the state for its nationals or private enterprises has been recognised in international case law and states practices. Also, this was codified in 2001 by International Law Commission, finishing Draft articles on Responsibility of States for Internationally Wrongful Acts. Yet, international responsibility of state for private entities carrying out space activities including launching of satellites and space launch vehicles has been dealt with as an exception from state responsibility in general international law. As we have seen the successful launching of 'Falcon Heavy' by SpaceX which is an american private entity, the private activities in outer space are expanding to even as far as deep space such as Mars. In other words, the scope of the private activities is too enormous to deal with the activities, irrespective of general theories on state responsibility in international law. Therefore, it will be significant to see the constituent elements of state responsibility for private activities in outer space from the point of general international law, without prejudice to provisions related to international space law.

A Comparative Study of Air Law and Space Law in International Law (국제법상 항공법과 우주법의 비교연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.83-109
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    • 2008
  • According to 1944 Chicago Convention aircraft are classified into public aircraft(or state aircraft) and private aircraft(or civil aircraft). However even if public aircraft owned by government are used as commercial flights, those are classified into private aircraft. But as far as space activities are concerned in the 1967 Outer Space Treaty, those are related to all activities and all space objects, thus there being no differentiation between the public spacecraft and private spacecraft. As for the institutions of air law there are ICAO, IATA, ECAC, AFCAC, ACAC, LACAC in the world. However in the field of space law there is no International Civil Space Organization like ICAO. There is only COPUOS in the United Nations. The particular institutions such as INTELSAT, INMARSAT, ITU, WIPO, ESA, ARABSAT would be helpful to space law field. In the near future there is a need to establish International Civil Space Organization to cover problems rising from all space activities. According to article 1 of the 1944 Chicago Convention the contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. It means that absolute airspace sovereignty is recognized by not only the treaty law and but also customary law which regulates non-contracting States to the treaty. However as for the space law in the article n of the 1967 Space Treaty outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. It creates res extra commercium like the legal status of high seas in the law of the sea. However the 1979 Moon Agreement proclaimed Common Heritage of Mankind as far as the legal status of the outer space is concerned which is like the legal status of deep sea-bed in the 1982 United Nations Law of the Sea. As far as the liabilities of air transport system are concerned there are two kinds. One is the liabilities to passenger on board aircraft and the other is the liabilities to the third person or thing on the ground by the aircraft. The former is regulated by the Warsaw System, the latter by the Rome Convention. As for the liabilities of space law the 1972 Liability Convention applies. The Rome Convention and 1972 Liability Convention stipulate absolute liability. In the field of space transportation there would be new liability system to regulate the space passengers on board spacecraft like Warsaw System in the air transportation.

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The Current Status of the Discussions on International Norms Related to Space Activities in the UN COPUOS Legal Subcommittee (우주활동 국제규범에 관한 유엔 우주평화적이용위원회 법률소위원회의 최근 논의 현황)

  • Jung, Yung-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.127-160
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    • 2014
  • The UN COPUOS was established in 1959 as a permanent committee of the UN General Assembly with the aims to promote international cooperation in peaceful uses of outer space, to formulate space-related programmes within the UN, to encourage research and dissemination of information on space, and to study legal problems arising from the outer space activities. Its members have been enlarged from 24 members in 1959 to 76 in 2014. The Legal Subcommittee, which has been established under COPUOS in 1962 to deal with legal problems associated with space activities, through its first three decades of work has set up a framework of international space law: the five treaties and agreements - namely the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, Moon Agreement - and the five declarations and legal principles. However, some sceptical views on this legal framework has been expressed, concerning the applicability of existing international space law to practical issues and new kinds of emerging space activities. UNISPACE III, which took place in 1999, served as a momentum to revitalize the discussions of the legal issues faced by the international community in outer space activities. The agenda of the Legal Subcommittee is currently structured into three categories: regular items, single issue/items, and items considered under a multi-year workplan. The regular items, which deal with basic legal issues, include definition and delimitation of outer space, status and application of the five UN treaties on outer space, and national legislation relevant to the peaceful exploration and use of outer space. The single issues/items, which are decided upon the preceding year, are discussed only for one year in the plenary unless renewed. They include items related to the use of nuclear power sources in outer space and to the space debris mitigation. The agenda items considered under a multi-year work plan are discussed in working group. Items under this category deal with non-legally binding UN instruments on outer space and international mechanism for cooperation. In recent years, the Subcommittee has made some progress on agenda items related to nuclear power sources, space debris, and international cooperation by means of establishing non-legally binding instruments, or soft law. The Republic of Korea became the member state of COPUOS in 2001, after rotating seats every two years with Cuba and Peru since 1994. Korea's joining of COPUOS seems to be late, in considering that some countries with hardly any space activity, such Chad, Sierra Leone, Kenya, Lebanon, Cameroon, joined COPUOS as early as 1960s and 1970s and contributed to the drafting of the aforementioned treaties, declarations, and legal principles. Given the difficulties to conclude a treaty and un urgency to regulate newly emerging space activities, Legal Subcommittee now focuses its effort on developing soft law such as resolutions and guideline to be adopted by UN General Assembly. In order to have its own practices reflected in the international practices, one of the constituent elements of international customary law, Korea should analyse its technical capability, policy, and law related to outer space activities and participate actively in the formation process of the soft law.

A Study on Using the Interior Finishing Material using Regulation at Multiple-using Businesses (다중이용업소 실내마감재료 사용기준에 관한 연구)

  • Kim, Yong-Sung;Cho, Sung-O
    • Korean Institute of Interior Design Journal
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    • v.22 no.5
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    • pp.216-224
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    • 2013
  • There are the relevant provisions that apply to building regulations about the Building codes, Fire Protection laws, and more Multi-using interior finish materials businesses etc. The differences between these regulations are as follows: The Building codes is defined the main use of the building according to facilities to used to set the scale by the use of the floor space, On the other hand, Fire Protection laws are the basic purpose and the act of using the architectural space(or sales) by separating object by fire. And Multiple-using Businesses Facilities consist of two regulations engaged in the kind of law and the size of the floor area. One building can not be based on operating facilities and together in Multiple use businesses Law. As such, the Buildings are applied to the Building codes, Fire Protection laws, such as Multi-using Businesses Facilities interior construction industry due to the structural differences in the position of the designer feeling a lot of difficulties and confusion. The Multi-use businesses Facilities engage in the kind of law, the size of the floor area and seating capacity. These can not be based on operating facilities, and consists of two regulations together in one building. This study is purposed to help improving the finish of the interior architecture that is related to the Building code regulations, Fire Protection laws, Multi-using Facilities interior finishing material relevant with the provisions from the law through analyze the case of developed countries, and the current Multiple use Businesses Facilities research range from the law of multiple-using facilities, interior finishing, interior architecture for supervision reasonably and compensation for the interior design. So, Result is as follows: First, interior decorations can be separated the fixed material and the moveable things. second, It should be included multi-using Business though small size business space at the basement floor. third, It should be established statute law that design and construction responsibility. forth, re-testing fire resist performance after some period. and finally, it need to mitigate regulation where be installed sprinkler.

A Study on the Improvement for Availability of the Small Airport Facilities in Korea (한국 소형(小型) 비행장(飛行場) 시설(施設)의 활용성(活用性) 증대(增大)에 관한 연구(硏究))

  • Lee, Kang-Suk;Kang, Hon
    • The Korean Journal of Air & Space Law and Policy
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    • v.14
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    • pp.331-379
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    • 2001
  • The purpose of this study is provide better suggestions to utilize the small aircraft by examining current situations of those airports. Then, the results of this study should help explain about the Availability of the airports for small aircraft in view of airplane exhibition, air-sports activity fields for aviation sports population, aviation theme park, and aviation-related education facility. This study examines current situations of the small airports for small aircraft which have been limited in their utility and compares the airports at the same level abroad. By examining these airports, this paper can make suggestions for the Availability of the small airports. Significance of the study lies in providing businessmen planning to invest the small airports and owners of airports with profitable consequences. At the macro level, it is expected to have a more effective development of land and an increase of aviation market value.

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