• Title/Summary/Keyword: Space related Korean law

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A Study on the Housing Adjustment in the First Half of Cho-Sun Dynasty - with special perspectives of microsociological approach - (조선전반기 가족의 주거조절에 관한 연구 - 미시사회학적 접근으로 -)

  • Hong, Hyung-Ock
    • Journal of architectural history
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    • v.2 no.1 s.3
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    • pp.25-41
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    • 1993
  • This study was made to analyze the housing adjustment phenomenon in the first half of Chosun Dynasty by applying Microsociological approach. By reviewing the housing adjustment theory of Morris and Winter, research model for the period was developed in terms of socioeconomic characteristics, normative housing deficit (=cultural norm-housing condition+family norm), constraints, behavioral propensities, and housing adjustment mechanism with the following results : 1. In the first half of Chosun Dynasty the size of the house, the house site and decorating items were specified by law (cultural norm) according to the social status. Although the law was constraints for the housing phenomenon, it was not applied universally. Frequantly the law was violated by the upper class. By the middle of the Dynasty the family norm became more important for the housing phenomenon than the cultural norm. 2. Efforts were made to practice the Confucianism as a cultural norm in the first half of Chosun Dynasty At that time Husband-Living-in-Wife's-House was more popular than Wife-Living-in-Husband's-House. Because the customs were against the Confucianism, the latter was encouraged by law. But it did not change. Instead a compromised system became popular in the middle of the Dynasty. The house shrine was practiced to increase the symbolism of the family, which, in turn, exerted influences in deciding the housing site (cultural norm). These cultural norm was not accepted as the family norm untill the second half of the Dynasty. These trends forced the man and woman use separate areas of the house, and formulated a hierarchic positions within a house. 3. It was shown that the settlement of Confucianism as a family norm was closely related to the popularization of the Ondol system in the house, which functioned as one of the behavioral propensities to encourage diversity of space for many purposes. Though the Ondol system was accepted as a useful heating system earlier, this became more popular in the middle of the Dynasty because the housing pattern with Ondol fitted very well with a large family system with patriarchism. Ondol system for one or two rooms substituted Ondol for all rooms in the second half of the Dynasty. 4. From the beginning of the Dynasty housing adjustment of the family was determined by the social status and by law (cultural norm). Within this cultural norm each family decided its adjustment mechanism according to its economic ability (family norm). Family norm was more important factor than the cultural norm to determine the micro-space pattern in the house. But this period witnessed the formations of new conditions by the ruling class's efforts to implement new ethics for hierarchy and sexual discrimination. According to these conditions the Confucianism overruled the family norm in the later period.

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Review of Consultation Requirements Under Military Air Base Law (군용 항공기지법상의 협의제도에 대한 법적고찰)

  • Lee, Kwan-Hyoung
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.385-444
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    • 2003
  • Current Military Airbase Law, in an effort to promote safety of military aircraft and security of military airbase, requires an administrative agency or its empowered branch to consult with the Secretary of Defense or the commander of the airbase before they issue a certain administrative approval or decision related to the installation. Although this consultation process purports itself in simplifying what can be an protracted administrative procedure, and in unifying objectives of the military and the administrative services, such procedural requirement is vulnerable inevitability of various legal problems whenever there is a conflict of interests among civil, military, government services. Nor is there sufficient studies done by academian in the area of bureaucratic issues of administrative resolution, and certainly not in the area of the military consultation procedure. This article, with such reality in mind attempts to constructively examine 1) when a consultation application is submitted, whether the discretionary power of the commander of the affected airbase is acknowledged at the outset; 2) if the content of the consultation is deemed unlawful, whether a civilian can institute an administrative lawsuit against it; 3) problems about the subject matters of the consultation requirement within the framework of military airbase law; 4) whether the issuing administrative agency must abide by and issue approval or decision in accordance with the opinion proposed by the said commander; 5) the legal problems of the remedial measure such as an order of removal, appellate review, notion to challenge authority, and etc. in cases such as administrative agency ignoring the commanders proposal or issuing final approval or decision that is inconsistent with what was consulted and agreed upon between both parties.

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Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

THE CHANGE OF THE CALENDAR AND TIMEKEEPING SYSTEM AROUND ADOPTION OF THE SOLAR CALENDAR IN KOREA (태양력 시행 전후 한국의 역법과 시각제도 변화)

  • CHOI, GO-EUN;MIHN, BYEONG-HEE;AHN, YOUNG SOOK
    • Publications of The Korean Astronomical Society
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    • v.34 no.3
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    • pp.49-65
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    • 2019
  • We investigate the provenance and the changes in the timekeeping system focusing on official records such as almanacs and textbooks published by the government after the solar calendar was introduced. We found that the solar calendar and the 12-hour clock time first appeared in 1884 during Joseon dynasty, at that time the solar calendar was used at the open port in Busan to facilitate the exchanges with Japan. The 12-hour clock time first appeared in the 『Hansung Sunbo』 published by the government in 1884. We also found that the Joseon dynasty also used 12 diǎnzhōng or 12 diǎn. In addition, the term of the 'Sigan' first appeared in the first official academic textbook in August 1895, and the chapter related to time contained the information about 12-hour clock time instead of the 12 Shi. In 1908, the meaning of the solar time, the equation of time, and the differences in longitude with the adoption of Korean Standard Time were introduced. Meanwhile, the 24-hour clock time was first introduced in Joseon and applied to railway times in 1907. The 1946 almanac, the first issue after liberation, used the 12-hour clock time which uses 'Sango', 'Hao' and the 24-hour clock time started to be used from the following year and is still used to this day. Finally, the 12-hour clock time, which was introduced around 1884, was enacted as Article 44 of the law in 1900 and was revised again in 1905 and 1908. In Korea, the terms related to the time in the current astronomical calendar system were newly defined around 1884, 1896, and 1908, and gradually standardized through the establishment of laws.

The International Legality of the North Korean Missile Test (북한미사일 실험의 국제법상 위법성에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.211-234
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    • 2009
  • North Korea conducted the launcher test, which, as North Korea claimed, belonged to the sovereign rights for the purpose of peaceful utilization and exploration of the outer space. The launching was allegedly done for the sole purpose of putting the satellite into earth orbit, while international community stressed the fact that the orbiting of satellite was not confirmed and that the technology used was not distinct from the purpose of building intercontinental ballistic missile. UN Security Council adopted the resolutions which took the effect that the launching was deemed as the missile launching, not the mere launcher test. North Korea declared the moratorium of suspending its test activity. Controversial issues have been raised regarding whether the launcher itself has the legal status of enjoying the freedom of space flight based upon the 1967 Outer Space Treaty. The resolutions, however, has put forward a binding instrument forbidding the launching. UN Security Council resolutions, however, should be read not as defining the missile test illegal, in that the language of resolutions, such as 'demand', should be considered as not formulating a sort of obligatory act or inact. On the other hand, the resolutions should be read as having binding force with respect to any activity relating to the weapons of mass destruction. The resolution 1718 is written in more specific language such as 'decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'. Therefore, the lauching activity of the North Korea is banned by the UN Security Council resolution. It should be noted that the resolution does not include any specific provisions defining the space of activity of the North Korea as illegal. But, the legal effect of the moratorium is not denied as to its launching itself, which is corresponding to the missile test clearisibanned in accordance with the resolutions.

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Control of International Cyber Crime

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.2
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    • pp.137-144
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    • 2016
  • The followings are required to establish uniform principle of criminal jurisdiction for international cyber crime into customary international law; (1) clear guideline of UN for promoting national practice (2) formation of general practices based on these guidelines (3) these general practices should obtain legal confidence. International society is in close cooperation for investigating and controlling cyber threat. The US FBI has closed down the largest online crime space called 'Darkcode' and prosecuted related hackers based on joint investigation with 19 countries including England, Australia, Canada, Bosnia, Croatia, Israel, and Rumania. More and more people in Korea are raising their voices for joining cyber crime treaty, 'Budapest Treaty.' Budapest Treaty is the first international treaty prosecuting cyber crime by setting out detailed regulations on internet criminal act. Member countries have installed hotline for cyber crime and they act together. Except European countries, America, Canada, and Japan have joined the treaty. In case of Korea, from few years before, it is reviewing joining with Ministry of Foreign affairs, Ministry of Justice and the National Police but haven't made any conclusion. Different from offline crime, cyber crime is planned in advance and happens regardless of border. Therefore, international cooperation based on position of punishing criminals and international standards. Joining of Budapest international cyber crime treaty shall be done as soon as possible for enhancing national competence.

Example of Legislation on the Space Relations of Every Countries in the World and Main Contents of the Space Exploration Promotion Act and Future Task in Korea (세계 각국의 우주관계 입법례와 우리나라 우주 개발진흥법의 주요내용 및 앞으로의 과제)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.9-43
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    • 2005
  • The Korean government established her first "National Space Program" in 1996, and revised it in 2000 and 2005. As embedded in the National Space Program, Korea aims to become one of the world's top countries in space technology by 2010. All of 13 satellites are planned to be put into orbit as schematized, which include 7 multi-purpose satellites, 4 science satellites and 2 geostationary orbit satellites. The Space Center in Korea is to be built at Woinara-Do, Bongrae-Myon, Koheung-Goon, Junlanam Province on the southern coast of the Korean peninsular. The first phase of the construction of the space center will be finished by 2007 for launch of KSLV-l. This will make Korea be the 13th advanced country in space development having a launching site in the world. The "Space Center" will serve as the infrastructure for the development of space technology and related technology, and plan to launch a low earth orbit satellite in 2007. A second science satellite made in Korea will be launched from the space center by 2007. From 2010, the center will be operated on a commercial basis operating launch facilities for low-to mid-altitude orbit satellites. Since the 'Aircraft Industry Promotion Act' was replaced by the 'Aerospace Industry Development Promotion Acf of 1987, this Act had been amended seven times from 1991 year to 2004. Most of developed countries has been enacted the space law including the public or private items such as an (1)DSA, (2)Russia, (3)the United Kingdom, (4)Germany, (5)France, (6)Canada, (7)Japan, (8)Sweden, (9)Australia, (10)Brazil, (11)Norway, (12)South Africa, (13)Argentina, (14)Chile, (15)Ukrainian etc. As the new Space Exploration Promotion Act was passed by the resolution of the Korean Congress on May 3, 2005, so the Korean government has made the public proclamation the abovementioned Act on May 31, this year. This Act takes effect on December 1, 2005 after elapsing six months from the date of promulgation. The main contents of Space Exploration Promotion Act of 2005 is as the following (1)establishing a basic plan for promoting space exploration, (2)establishment and function of national space committee, (3)procedure and management of domestic and international registration of space objects, (4)licensing of launch by space launch vehicles, (5)lability for damages caused by space accidents and liability insurance, (6) organizing and composition of the space accident investigation committee, (7)Support of non-governmental space exploration project, (8)Requesting Support and Cooperation of Space Exploration, (9)Rescue of Astronauts and Restitution of Space Objects, etc.. In oder to carry out successfully the medium and long basic plan for promoting space exploration and to develope space industry in Korea, I think that it is necessary for us to enlarge and to reorganize the function and manpower of the Space Technology Development Division of the Ministry of Science & Technology and the Korea Aerospace Research Institute. Korea has been carrying out its space program step by step according to the National Space Program. Korea also will continually strengthen the exchange and cooperation with all the countries in the world under the principle of equality, friendship relations and mutual benefits. Together with all other peoples around the globe, Korea will make due contribution towards the peaceful utilization of space resources and promotion of human progress and prosperity.

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The Potential Assessment and Creation Programming of Biotopes in Small and Medium City in Korea (우리나라 중소도시 비오톱 공간의 조성방안)

  • 정문선;이명우
    • Journal of the Korean Institute of Landscape Architecture
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    • v.28 no.4
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    • pp.75-90
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    • 2000
  • This study suggests the methods of the assessment and creation of biotopes in small and medium sized cities, in Korea. For this purpose, Chonju city was selected to classify and asses the biotope types. Moreover, relevant legislations to conserve and enhance urban biotopes were examined. The results of this study are as follows: 1) There were two approaches to asses the potential of urban biotopes in medium-sized cities. One was the urban scale evaluation for urban green spaces and the other was the biotope scale evaluation for the classification and evaluation of biotopes. 2) The urban scale evaluation was developed through overlaping analysis of landuse and vegetation factors. This study also included the conception of watershed. In this conception, three watersheds in Chonju city were characterized. According to these characteristics, individual programs for conservation and enhancement of urban green space were suggested. 3) For the biotope scale evaluation, Selected site was inclusively mapped and field investigation actually was carried. There were total 9 types of bitopes. Especially landuse was appeared in various evaluation items were vegetation structure, area of green space, condition of vegetation and vegetation profile. Mt, Gonji and Dukjin park, Chonbuk national University and fields were evaluated highly I the potential. 4) The biotope programs were based on the results of assessment and physical characteristics of biotopes. The uniform and simple levels on vegetation must be modified with various levels of vegetation structure and vernacular plants. And the physical characteristics like Points, Corridors and Patches can be organized by the conception of biotope networking theory. 5) The proper legislative environment was the clue elements for the biotope programs. Until now, only five types of parks and two types of green space are defined and the minimum size of green space has been proposed by the law. So, it is necessary to enlarge the conception of green space in legislation and improve the quality of green space by amending the related regulations. This study has limitation because it was selected only in Chonju. Through the continuous studies, we need to apply this other small and medium sized cities, South Korea. Also the data collection and management of theme maps such as actual vegetation, landuse and a soil must be done preliminary.

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Assessment of Growth Conditions and Maintenance of Law-Protected Trees in Je-cheon City (제천시 보호수의 생육환경 및 관리현황 평가)

  • Yoon, Young-Han;Ju, Jin-Hee
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.2
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    • pp.67-74
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    • 2010
  • Law-protected trees are our precious asset as natural resources with history and tradition and natural heritage which should be protected and maintained well to bequeath next generation. Law-protected trees have not only thremmatologic and genetic meaning but also environmental and emotional meaning for their value to be high. This study investigated location, vitality, wrapping condition of root area and status of maintenance of the trees to figure out their growth environment and status of maintenance in a small-middle city through survey on those of law-protected trees in Je-cheon. There showed 300 more year old trees in Je-cheon mostly and the number of trees located in flat fields was the highest. For location type, village, hill and road types were presented in the order and for degree of development, land for building was found most frequently. The average electric resistance of the formative layer was measured to be $8.4k{\Omega}$ and four trees showed bark separation. Most law-protected trees underwent tree surgery, and complete bareness of root area was observed in a tree. The root area of two trees was covered with concrete. pH of soil was recorded to be 5.0~8.4 with its average of 7.1 and electric conductivity(EC) was less than 0.5 dS/m. For status of maintenance rearing facilities were placed for 16 trees out of totally 48 ones and stone fence was done for three ones. Tree surgery was conducted for 33 trees to prevent and to treat decomposed parts of holes. Direction boards were installed for 23 trees. Based on these results, measures to manage systematically law-protected trees in Jecheon could be suggested as follows. First, a sufficient space for growth of low part of trees should be secured. Second, a voluntary management should be induced by advertising them to residents in a community. Third, rearing facilities and direction boards of law-protected trees should be placed and related education should be conducted. Fourth, through operation of the department for law-protected trees consisting of related professions and cooperation among related departments the trees should be maintained continuously.

Emotional Labor and Human Rights Protection in the case of airlines (감정노동과 인권보호 - 항공사를 중심으로)

  • Shin, Dong Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.87-108
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    • 2014
  • Recent examples of abuse by black consumers (including air travellers) against emotional laborers have become a serious social issue in Korea in that they are likely to violate human rights of those laborers. Emotional labor is a form of emotion regulation that creates a publicly visible facial and bodily display, and also emotional management within the workforce that creates a situation in which the emotion management by workers can be exchanged in the marketplace. Example professions that require emotional labor are: nurses, doctors, waiting staff, and television actors. However, as the economy moves from a manufacturing to a service-based economy, many more workers in a variety of occupational fields are expected to manage their emotions according to employer demands when compared to the past. One of symptoms deriving from emotional labor is smile mask syndrome abbreviated SMS, which is a psychological disorder proposed by professor Makoto Natsume where subjects develop depression and physical illness as a result of prolonged, unnatural smiling. And higher degree of using emotion regulation on the job is related to higher levels of employees' emotional exhaustion, and lower levels of employees' job satisfaction. In most part, emotional laborers are more abused and hurt by so called black consumers who are raising complaints relating to products and services purchased against service providers for the purpose of maliciously getting compensation. Against this background, the Korean Government abolished "the Consumer Protection Act" and instead promulgated "the Basic Consumer Act" in September 2006 which stipulates that consumers are expected to have protection as well as responsibility and duty. The Aviation Security Act cites the examples of prohibited behaviors (unruly passengers) while they are travelling. In addition, human rights of emotional laborers could be more protected by the enhancement of etiquettes and cavalry and improvement of culture and working environment.