• Korean Security Journal
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• no.39
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• pp.319-353
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• 2014

Cyber-based technologies are now ubiquitous around the glob and are emerging as an "instrument of power" in societies, and are becoming more available to a country's opponents, who may use it to attack, degrade, and disrupt communications and the flow of information. The globe-spanning range of cyberspace and no national borders will challenge legal systems and complicate a nation's ability to deter threats and respond to contingencies. Through cyberspace, competitive powers will target industry, academia, government, as well as the military in the air, land, maritime, and space domains of our nations. Enemies in cyberspace will include both states and non-states and will range from the unsophisticated amateur to highly trained professional hackers. In much the same way that airpower transformed the battlefield of World War II, cyberspace has fractured the physical barriers that shield a nation from attacks on its commerce and communication. Cyberthreats to the infrastructure and other assets are a growing concern to policymakers. In 2013 Cyberwarfare was, for the first time, considered a larger threat than Al Qaeda or terrorism, by many U.S. intelligence officials. The new United States military strategy makes explicit that a cyberattack is casus belli just as a traditional act of war. The Economist describes cyberspace as "the fifth domain of warfare and writes that China, Russia, Israel and North Korea. Iran are boasting of having the world's second-largest cyber-army. Entities posing a significant threat to the cybersecurity of critical infrastructure assets include cyberterrorists, cyberspies, cyberthieves, cyberwarriors, and cyberhacktivists. These malefactors may access cyber-based technologies in order to deny service, steal or manipulate data, or use a device to launch an attack against itself or another piece of equipment. However because the Internet offers near-total anonymity, it is difficult to discern the identity, the motives, and the location of an intruder. The scope and enormity of the threats are not just focused to private industry but also to the country's heavily networked critical infrastructure. There are many ongoing efforts in government and industry that focus on making computers, the Internet, and related technologies more secure. As the national intelligence institution's effort, cyber counter-intelligence is measures to identify, penetrate, or neutralize foreign operations that use cyber means as the primary tradecraft methodology, as well as foreign intelligence service collection efforts that use traditional methods to gauge cyber capabilities and intentions. However one of the hardest issues in cyber counterintelligence is the problem of "Attribution". Unlike conventional warfare, figuring out who is behind an attack can be very difficult, even though the Defense Secretary Leon Panetta has claimed that the United States has the capability to trace attacks back to their sources and hold the attackers "accountable". Considering all these cyber security problems, this paper examines closely cyber security issues through the lessons from that of U.S experience. For that purpose I review the arising cyber security issues considering changing global security environments in the 21st century and their implications to the reshaping the government system. For that purpose this study mainly deals with and emphasis the cyber security issues as one of the growing national security threats. This article also reviews what our intelligence and security Agencies should do among the transforming cyber space. At any rate, despite of all hot debates about the various legality and human rights issues derived from the cyber space and intelligence service activity, the national security should be secured. Therefore, this paper suggests that one of the most important and immediate step is to understanding the legal ideology of national security and national intelligence.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.27-53
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• 2015

Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

• Journal of Popular Narrative
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• v.25 no.1
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• pp.217-247
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• 2019

This research paper intends to examine the intertextuality of Klaus Mann's novel Mephisto (1936) and István Szabó's film Mephisto (1981) and how the derivative contents (i.e., film) accepted and improved the schematic aesthetics of conviction in original contents (i.e., novel). In general, the aesthetics of conviction is applied to criticize the state socialism of the artists of the Third Reich or the ideology of the artists of East Germany from a biased ethical perspective. Mephisto is also based on the aesthetics of conviction. Thus, it would be meaningful to examine the characteristic similarity and difference between Klaus Mann's real antagonist (i.e., Gustaf Gründgens) and fictional antagonist (i.e., Hendrik Höfgen) from a historical critical perspective. In this process, an aesthetic distance between the real and fictional antagonists would be secured through the internal criticism in terms of intertextuality. In this respect, the film aesthetics of István Szabó are deemed to overcome the schematic limit of the original novel. The conviction in both the novel and film of Mephisto pertains to the belief and stance of a person who compromised with the state socialism of Nazi Germany, i.e., succumbed to the irresistible history. Klaus Mann denounced Mephisto's character Höfgen (i.e., Gründgens in reality) as an "Mephisto with evil spirits" from the perspective of exile literature. For such denunciation, Klaus Mann used various means such as satire, caricature, sarcasm, parody and irony. However, his novel is devoid of introspection and "utopianism", and thus could be considered to allow personal rights to be disregarded by the freedom of art. On the contrary, István Szabó employed the two different types of evil (evil of Mephisto and evil of Faust) from a dualistic perspective (instead of a dichotomous perspective of good and evil) by expressing the character of Höfgen like both Mephisto and Hamlet (i.e., "Faust with both good and evil spirits). However, Szabó did not present the mixed character of "Mephisto and Hamlet (Faust)" only as an object of pity. Rather, Szabó called for social responsibility by showing a much more tragic end. As such, the novel Mephisto is more like the biography of an individual, and the film Mephisto is more like the biography of a generation. The aesthetics of conviction of Mephisto appears to overcome biased historical and textual perspectives through the irony of intertextuality between the novel and the film. Even if history is an irresistible "fate" to an individual, human dignity cannot be denied because it is the "value of life". The issue of conviction is not only limited to the times of Nazi Germany. It can also be raised with the ideology of the modern and contemporary history of Korea. History is so deeply rooted that it should not be criticized merely from a dichotomous perspective. When it comes to the relationship between history and individual life, a neutral point of view is required. Hopefully, this research paper will provide readers with a significant opportunity for finding out their "inner Mephisto" and "inner Hamlet."

• Journal of the Korean Institute of Landscape Architecture
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• v.43 no.1
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• pp.69-81
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• 2015

Under the premise that parks have been a performing field of welfare ideology that benefits the citizen from the past, the present study began with a basic question on what substance a park has and how it has worked. Therefore, this study tried to find out the theoretic background that can explain the roles of a park as an instrument for welfare, of which topic is currently being discussed, and examine how the ideology in the debate regarding welfare characteristics of parks are differentiated from those of social welfare. In addition, this study divided the process of development of parks defined by Galen Cranz in an attempt to view how welfare benefits offered by parks have changed in their development and looked into the roles and types of welfare functions that parks provided to the citizens under a certain social situation by period. Furthermore, the characteristics and development of the ideology underlying a welfare park were examined by function and element in its progression. The results of this study are as follows. The functions that parks have performed so far can be classified into three categories. First, they have a remedial function. Parks have given direct services to 'the socially disadvantaged' such as relief, fostering, and rehabilitation. Second, parks have played a preventive function. They aim to reinforce the functions of individual, family, group, and community. Third, they have exerted a developmental function. They function to promote change of society in a way for it to contribute to social development. Looking into the roles and functions of parks from the perspective of their beneficiary class and benefits, the following were discovered. First, the beneficiaries of welfare characteristics in parks have expanded to the general public from the poor class, and the benefits of parks have spread into the public including the underprivileged in a real sense. Second, the significance of welfare characteristics in parks has also changed from literal benefits to caring for basic human rights. Third, the purpose of welfare characteristics in parks has changed from providing minimal conditions to optimal conditions. At its beginning, the ideology of welfare in parks remained ideal, confining itself to their idealistic characteristics; but as time went on, they created several social benefits in response to various social demands, developing into a field where welfare ideology manifests and is realized in an active manner. Furthermore, it was witnessed that the parks and welfare of the present times are standing at the point of contact for participation and universal well-being. The present study reconsidered the meaning and value of parks from perspective of them as a provider of welfare benefits as well as examined how the welfare ideology of parks is connected to practice. By doing so, this study discovered the various roles, values, and ideology that parks should bear in the future. Therefore, this study is expected to be a good example for future research related to the topic.

• The Korean Journal of Archival Studies
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• no.59
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• pp.207-275
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• 2019

This archiving project of the survivors of suicide was done with the survivor supporting team of the Seoul Suicide Prevention Center. The survivor supporting team was operating a Self-help Support Group for the emotional support of the survivors of suicide. A Self-help Support Group is a place for the survivors of suicide to regularly meet and share their suffering by talking of topics hard to discuss elsewhere. As the Self-help Support Group progressed members who acted as the leader of the group appeared. They formed an essay group that writes together. Two fathers who lost their sons, two mothers who lost their daughters, a mother who lost her son, a wife who lost his husband. The essay group met each week in a place facing Sajik Park. Through the windows that took up the whole side of the room, evening was coming in. The things that happened during the day went away towards Inwang mountain following the setting sun. Ten people (six members of the essay group, three from the survivor support team, a historian for unique conversation) sat around a table, facing each other. "Now, what shall we do?" History for unique conversation is a time that archives life by sharing conversations. At times a complete stranger, and other times people who share their ordinary lives sit around together (3-9 people, sometimes about 15). On the table there is coffee, bread, fruits and salads, and sometimes a dish someone heartily prepared. When a bottle of wine is placed on the table, each takes a glass. Morning, afternoon, the time the evening is welcomed in, late night. It does not matter which. For six months, 3 hours when meeting every week, 6 hours when at every other week. A room where the ambience is like that of a kitchen where sunlight enters, or a cozy living room is the best location. However, there are many times when it is held in a multipurpose room in the suburbs where many meetings are held, or in a classroom of a school. The meeting place is decided according to different situations of the time. There are no participation requirements as it is said to be for themselves to write down according to archiving form while looking back their lives thoroughly, and they are the only ones to stop themselves. The archives landscape from far away would seem like trying to do some talking. However, when going into a microscopic situation one must leave themselves to the emotional dynamics. It is because it archives the frustration and failures one experienced through life. A participator of history for unique conversation must face the sufferings of their life. The archiving project took place in 2013 to 2014. Many years have passed. Has the objective distance for archiving the situation of that time been secured? That may be uncertain, but I will speak of a few stray thoughts on archiving while depicting the process and method of operation.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.12
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• pp.551-560
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• 2016

The aim of this study was to verify the effect of the parameters in relation to college students' awareness of sexual assault and sexual violence experience. The subjects were 408 male and female college students attending four universities located in Jeju island. Sexual assault awareness measures, sexual violence experience scale, and the scale of sexual violence allowance scale were used in the questionnaires. First, correlation analysis showed a significant negative correlation between sexual violence awareness and sexual violence. Also, sexual violence awareness and sexual violence allowance scale showed a considerable negative correlation. This suggests that the higher the sexual assault awareness, the lower the sexual damage and sexual violence allowance scale. Second, after analyzing the division of the subject into research model and competition model to verify the mediation effect in relationship of the sexual violence awareness and sexual violence experience, it was clear that sexual awareness does not have a direct effect on the experience of sexual damage. It rather mediated the sexual violence allowance scale. Therefore, the research model, which is the full mediation model, was selected. In other words, sexual assault awareness appeared to fully mediate the relationship between sexual assault awareness and sexual assault experience. This means that sexual assault perception has an indirect influence through sexual assault allowance rather than a direct effect on the sexual assault experience. Thus, the more well established that sexual assault awareness is, the lower the sexual assault allowance scale. Finally, the lowered sexual assault allowance scale could reduce the sexual assault harm. To improve the sexual assault recognition, a systematic sexual violence prevention education should be conducted. Sexual assault prevention education would allow students in dating relationships to become mature in their human rights and maintain the proper emotional relationship and enable a reduction in the harm sexual assault as a result of giving them the consideration. Finally, this study had a limitation in selecting the subjects as the college students living in Jeju. Therefore, in order to compensate for this limitation, follow-up studies should be carried out on with a sample of generalized and various research subjects.

• Journal of Korean Society of Forest Science
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• v.67 no.1
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• pp.17-27
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• 1984

The Yangsan Forest Management Station (YFMS) of Korean German Forest Management Project (KGFMP), working with the 6 legal villages of Uljugun, Kyongnam, led the forest owners in the area to organize the Forest Management Cooperative (FMC) voluntairily for improvement of private forest management and fostered it as a model from May 1975 to Apr. 1984. YFMS sent out FMC a forest manager as a forestry expert carrying out the leading extension program at the equal position with forest owners and gave FMC financial, administrative and technical assitances. During the 6 years from 1977 to 1982, 4 FMC were founded and are being operated democratically. 228 forest owners have taken the membership of their own free will and the forestland of the members covers 2,567 ha equivalent to 57% of the total private forest in the area. During the period the total area of the planting and tending is 4,185 ha, this means that a member executed 3.1 ha of forest operations per year in average, showing the high willingness on forest operations. In addition the joint works have resulted in the joint properties equivalent to 27 million Won and it will be an important foundation for operation of FMC which is a forest owners's cooperative organization for improvement of private forest management in this area. The total expenditure spent for the fostering of FMC amounted to 497,587 thousand Won and 58% of them were charged from KGFMP funds, 27% from the forest owners and 15% from public funds. The expenditure for investment was 273,104 thousand Won and 59% of the sum were appropriated as subsidies at the national level. The forest owners charged 43% of that and this means that each member invested approximately 100 thousand Won to his forestland per year in average. For the extension program 169,503 thousand Won were spent and it can be explained that 5,885 Won were spent per ha a year. The organization of FMC operated autonomously in a democratic way and the horizontal and leading extension system, which aspects the human rights, were very much effective in fostering the cooperative organization of forest owners for improvement of private forest management.

• Natural Product Sciences
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• v.8 no.1
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• pp.1-15
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• 2002

An International Cooperative Biodiversity Group (ICBG) program based at the University of Illinois at Chicago initiated its activities in 1998, with the following specific objectives: (a) inventory and conservation of of plants of Cuc Phuong National Park in Vietnam and of medicinal plants of Laos; (b) drug discovery (and development) based on plants of Vietnam and Laos; and (c) economic development of communities participating in the ICBG project both in Vietnam and Laos. Member-institutions and an industrial partner of this ICBG are bound by a Memorandum of Agreement that recognizes property and intellectual property rights, prior informed consent for access to genetic resources and to indigenous knowledge, the sharing of benefits that may arise from the drug discovery effort, and the provision of short-term and long-term benefits to host country institutions and communities. The drug discovery effort is targeted to the search for agents for therapies against malaria (antimalarial assay of plant extracts, using Plasmodium falciparum clones), AIDS (anti-HIV-l activity using HOG.R5 reporter cell line (through transactivation of the green fluorescent protein/GFP gene), cancer (screening of plant extracts in 6 human tumor cell lines - KB, Col-2, LU-l, LNCaP, HUVEC, hTert-RPEl), tuberculosis (screening of extracts in the microplate Alamar Blue assay against Mycobacterium tuberculosis $H_{37}Ra\;and\;H_{37}Rv),$ all performed at UIC, and CNS-related diseases (with special focus on Alzheimer's disease, pain and rheumatoid arthritis, and asthma), peformed at Glaxo Smith Kline (UK). Source plants were selected based on two approaches: biodiversity-based (plants of Cuc Phuong National Park) and ethnobotany-based (medicinal plants of Cuc Phuong National Park in Vietnam and medicinal plants of Laos). At mc, as of July, 2001, active leads had been identified in the anti-HIV, anticancer, antimalarial, and anti- TB assay, after the screening of more than 800 extracts. At least 25 biologically active compounds have been isolated, 13 of which are new with anti-HIV activity, and 3 also new with antimalarial activity. At GSK of 21 plant samples with a history of use to treat CNS-related diseases tested to date, a number showed activity against one or more of the CNS assay targets used, but no new compounds have been isolated. The results of the drug discovery effort to date indicate that tropical plant diversity of Vietnam and Laos unquestionably harbors biologically active chemical entities, which, through further research, may eventually yield candidates for drug development. Although the substantial monetary benefit of the drug discovery process (royalties) is a long way off, the UIC ICBG program provides direct and real-term benefits to host country institutions and communities.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.183-221
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• 2013

While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

• Korean Journal of Environment and Ecology
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• v.35 no.4
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• pp.336-346
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• 2021

The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers' efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.