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Efficient Utilization of Private Resources for the National Defense - Focused on maintenance, supply, transportation, training & education - (국방분야 민간자원의 효율적 활용방안 - 정비, 보급, 수송, 교육훈련분야를 중심으로 -)

  • Park, Kyun-Yong
    • Journal of National Security and Military Science
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    • s.9
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    • pp.313-340
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    • 2011
  • The National Defense Reformation bill of "National Defense Reformation 2020" which have been constantly disputed and reformed by the government went through various levels of complementary measures after the North Korean sinking on the Republic of Korea (ROK) Naval Vessel "Cheonan". The final outcome of this reform is also known as the 307 Plan and this was announced on the 8th March. The reformed National Defense Reformation is to reduce the number of units and military personnel under the military structure reformation. However, in order for us to undertake successful National Defense Reformation, the use of privatized civilian resources are essential. Therefore according to this theory, the ROK Ministry of National Defense (MND) have selected the usage of privatized resources as one of the main core agenda for the National Defense Reformation management procedures, and under this agenda the MND plans to further expand the usage of private Especially the MND plans to minimize the personnel resources applied in non-combat areas and in turn use these supplemented personnel with optimization. In order to do this, the MND have initiated necessary appropriate analysis over the whole national defense section by understanding various projects and acquisition requests required by each militaries and civilian research institutions. However for efficient management of privatized civilian resources, first of all, those possible efficient private resources which can achieve optimization will need to be identified, and secondly continuous systematic reinforcements will need to be made in private resource usage legislations. Furthermore, we would need to consider the possibility of labor disputes because of privatization expansion. Therefore, full legal and systematic complementary measures are required in all possible issue arising areas which can affect the combat readiness posture. There is another problem of huge increase in operational expenses as reduction of standby forces are only reducing the number of soldiers and filling these numbers with more cost expensive commissioned officers. However, to overcome this problem, we would need to reduce the number of positions available for active officers and fill these positions with military reserve personnel who previously had working experiences with the related positions (thereby guaranteeing active officers re-employment after completing active service). This would in tum maintain the standards of combat readiness posture and reduce necessary financial budgets which may newly arise. The area of maintenance, supply, transportation, training & education duties which are highly efficient when using privatized resources, will need to be transformed from military management based to civilian management based system. For maintenance, this can be processed by integrating National Maintenance Support System. In order for us to undertake this procedure, we would need to develop maintenance units which are possible to be privatized and this will in turn reduce the military personnel executing job duties, improve service quality and prevent duplicate investments etc. For supply area, we will need to establish Integrated Military Logistics Center in-connection with national and civilian logistics system. This will in turn reduce the logistics time frame as well as required personnel and equipments. In terms of transportation, we will need to further expand the renting and leasing system. This will need to be executed by integrating the National Defense Transportation Information System which will in turn reduce the required personnel and financial budgets. Finally for training and education, retired military personnel can be employed as training instructors and at the military academy, further expansion in the number of civilian professors can be employed in-connection with National Defense Reformation. In other words, more active privatized civilian resources will need to be managed and used for National Defense Reformation.

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Permission of the Claim that Prohibits Military Aircraft Operation Nearby Residential Area - Supreme Court of Japan, Judgement Heisei 27th (Gyo hi) 512, 513, decided on Dec. 8, 2016 - (군사기지 인근주민의 군용기 비행금지 청구의 허용 여부 - 최고재(最高裁) 2016. 12. 8. 선고 평성(平成) 27년(행(行ヒ)) 제512, 513호 판결 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.45-79
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    • 2018
  • An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.

평행식 진동탄환 암거 천공기의 연구 (IV)(V)-실기 설계 제작 및 보장실험-Development of Balanced-Type Oscillating Mole Drainer(IV)(V)

  • 김용환;이승규;서상용
    • Journal of Biosystems Engineering
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    • v.2 no.1
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    • pp.7-24
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    • 1977
  • This paper is the forth and fifth one of the study on balanced type oscillating mole drainer. In the light of the results from previous reports about the model tests, some design criteria were established and a prototype machine was set up for experimental purpose. Motion characteristics and functionof the each parts of the machine were checked and analyzed. After that, performance tests of the prototype machine were carried out in thefield. Obtained results are summarized as follows ; 1. Ten centimeter of the bullet diameter was determined so as to be able to attach it to the tractors with capacity of 30 PS to 40 PS. 2. To maintain the balance between the moments of the front shank and rear shank, the oscillating amplitude of the rear bullet was determined to be larger than that of the front bullet. At the same time , the oscillating direction of the rear bullet was designed with the inclines of ten to thirty degrees. 3. An octagonal dynamo transduced was developed for measuring the compressive force of the upper link is measuring the draft force of the machine. Acceptable linear relationship between forces and strain responses from O.D.T. was obtained. 4. Analysing the balancing mechanism of the acting part of the machine , it was found that the total draft force of the machine was equal to the difference between the sum of the draft force produced from the right and left side bending moments of the lower drawber and the compressive force on the upper link. 5. There are acceptable linear relationship between the strain and twisting moment by driving shaft, and between strain and shank moment. Above results enable us to carry out the field experiment with prototype machine. 6. When the test machine was used in the field, it was possible to reduce the oscillating acceleration by forty percent in average as compared it with the single bullet mole drainer. 7. When the test machine was used under the oscillating condition, the dratt torce was reduced by 27 percent to 59 percent as compared it with the test machine under non-oscillating condition, while the draft force was increased by 7 percent to 20 percent as compared it with the mole drainer having oscillating single bullet. The reasoning behind this fact was considered as the resistance force due to the rear shank and bullet. 8. As the amplitude and frequency of the bullet were increased, the torque was increased accordingly. This tendency could be varied with the various characteristics of the given soils. And the larger frequency and amplitute, the more increasing oscil\ulcornerlating power but decreasing draft brce were needed, and draft force was increased as the velocity was increased.9. When the amplitude of the rear bullet was designed to be larger than that of the front bullet, the minimum value of the moment was lowered and oscillating acceleration was reduced. And when the oscillating direction of the rear bullet was declined back\ulcornerwards, oscillating acceleration was increased along with the increasing angle of decli\ulcornernation. When the test machine was operated in high speed, the difference between maximum moments and minimum ones became narrow. This varying magnitude of moments appeared on the moment oscillogram seems to be correlated to the oscillating acceleration and draft force. 10. From the analysis of variance, it was found that those factors such as frequency, amplitude, and operating velocity significantly affected in the oscillating acceleration, the draft resistance, the torque, the moment, and the total power required. And interaction between frequency and amplitude affected in the oscillating acceleration. 11. Within the given situation of this study, the most preferable operating conditions of the test machine were 7 Hz in oscillating frequency, 0.54 m/sec in operating velocity, and 39.1 mm in oscillating amplitude of front and rear bullets. However, it is necessary to select the proper frequency and magnitude of oscillation depending on the soil properties of the field in which the mole drainer is practiced by use of a bal1nced type oscillating mole drainer. 12. It is recommended that a comparative study of the mole drainers would be performed in the near future using two separate balanced oscillating bullet with the one which is operated by oscillating the movable bullet in a single cylinder or other balanced type which may be single oscillating bullet with spring, damper or balancing weight, and that of thing. To expand the applicability of the balanced type oscillating mole drainer in practical use, it is suggested to develop a new mechanism which perform mole drain with vinyl pipe or filling material such as rice hull.

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The Role of the Soft Law for Space Debris Mitigation in International Law (국제법상 우주폐기물감축 연성법의 역할에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.469-497
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    • 2015
  • In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.

Economic Sanction and DPRK Trade - Estimating the Impact of Japan's Sanction in the 2000s - (대북 경제제재와 북한무역 - 2000년대 일본 대북제재의 영향력 추정 -)

  • Lee, Suk
    • KDI Journal of Economic Policy
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    • v.32 no.2
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    • pp.93-143
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    • 2010
  • This paper estimates the impact of Japan's economic sanction on DPRK trade in the 2000s. It conceptualizes the effects of sanction on DPRK trade, econometrically tests whether such effects exist in case of Japan's sanction using currently available DPRK trade statistics, and measures the size of the effects by correcting and reconfiguring the deficiencies of the currently available DPRK trade statistics. The main findings of the paper are as follows. First, Japan's sanction can have two different effects on DPRK trade: 'Sanction Country Effect' and "Third Country Effect.' The former means that the sanction diminishes DPRK trade with Japan while the latter refers to the effects on DPRK trade with other countries as well. The third country effect can arise not simply because the DPRK changes its trade routes to circumvent the sanction, but because the sanction forces the DPRK to readjust its major trade items and patterns. Second, currently no official DPRK trade statistics are available. Thus, the so-called mirror data referring to DPRK trading partners' statistics should be employed for the analysis of the sanction effects. However, all currently available mirror data suffer from three fundamental problems: 1) they may omit the real trade partners of the DPRK; 2) they may confuse ROK trade with DPRK trade; 3) they cannot distinguish non-commercial trade from commercial trade, whereas only the latter concerns Japan's sanction. Considering those problems, we have to adopt the following method in order to reach a reasonable conclusion about the sanction effect. That is, we should repeat the same analysis using all different mirror data currently available, which include KOTRA, IMF and UN Commodity Trade Statistics, and then discuss only the common results from them. Third, currently available mirror data make the following points. 1) DPRK trade is well explained by the gravity model. 2) Japan's sanction has not only the sanction country effect but also the third country effect on DPRK trade. 3) The third country effect occurs differently on DPRK export and import. In case of export, the mirror statistics reveal positive (+) third country effects on all of the major trade partners of the DPRK, including South Korea, China and Thailand. However, on DPRK import, such third country effects are not statistically significant even for South Korea and China. 4) This suggests that Japan's sanction has greater effects on DPRK import rather than its export. Fourth, as far as DPRK export is concerned, it is possible to resolve the abovementioned fundamental problems of mirror data and thus reconstruct more accurate statistics on DPRK trade. Those reconstructed statistics lead us to following conclusions. 1) Japan's economic sanction diminished DPRK's export to Japan from 2004 to 2006 by 103 million dollars on annual average (Sanction Country Effect). It comprises around 60 percent of DPRK's export to Japan in 2003. 2) However, for the same period, the DPRK diverted its exports to other countries to cope up with Japan's sanction, and as a result its export to other countries increased by 85 million dollars on annual average (Third Country Effect). 3) This means that more than 80 per cent of the sanction country effect was made up for by the third country effect. And the actual size of impact that Japan's sanction made on DPRK export in total was merely 30 million dollars on annual average. 4) The third country effect occurred mostly in inter-Korean trade. In fact, Japan's sanction increased DPRK export to the ROK by 72 million dollars on annual average. In contrast, there was no statistically significant increase in DPRK export to China caused by Japan's sanction. 5) It means that the DPRK confronted Japan's sanction and mitigated its impact primarily by using inter-Korean trade and thus the ROK. Fifth, two things should be noted concerning the fourth results above. 1) The results capture the third country effect caused only by trade transfer. Facing Japan's sanction, the DPRK could transfer its existing trade with Japan to other countries. Also it could change its main export items and increase the export of those new items to other countries as mentioned in the first result. However, the fourth results above reflect only the former, not the latter. 2) Although Japan's sanction did not make a huge impact on DPRK export, it might not be necessarily true for DPRK import. Indeed the currently available mirror statistics suggest that Japan's sanction has greater effects on DPRK import. Hence it would not be wise to argue that Japan's sanction did not have much impact on DPRK trade in general, simply using the fourth result above.

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Validity and Pertinence of Administrative Capital City Proposal (행정수도 건설안의 타당성과 시의성)

  • 김형국
    • Journal of the Korean Geographical Society
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    • v.38 no.2
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    • pp.312-323
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    • 2003
  • This writer absolutely agrees with the government that regional disequilibrium is severe enough to consider moving the administrative capital. Pursuing this course solely to establish a balanced development, however, is not a convincing enough reason. The capital city is directly related to not only the social and economic situation but, much more importantly, to the domestic political situation as well. In the mid-1970s, the proposal by the Third Republic to move the capital city temporarily was based completely on security reasons. At e time, the then opposition leader Kim, Dae-jung said that establishing a safe distance from the demilitarized zone(DMZ) reflected a typically military decision. His view was that retaining the capital city close to the DMZ would show more consideration for the will of the people to defend their own country. In fact, independent Pakistan moved its capital city from Karachi to Islamabad, situated dose to Kashmir the subject of hot territorial dispute with India. It is regrettable that no consideration has been given to the urgent political situation in the Korean peninsula, which is presently enveloped in a dense nuclear fog. As a person requires health to pursue his/her dream, a country must have security to implement a balanced territorial development. According to current urban theories, the fate of a country depends on its major cities. A negligently guarded capital city runs the risk of becoming hostage and bringing ruin to the whole country. In this vein, North Koreas undoubted main target of attack in the armed communist reunification of Korea is Seoul. For the preservation of our state, therefore, it is only right that Seoul must be shielded to prevent becoming hostage to North Korea. The location of the US Armed Forces to the north of the capital city is based on the judgment that defense of Seoul is of absolute importance. At the same time, regardless of their different standpoints, South and North Korea agree that division of the Korean people into two separate countries is abnormal. Reunification, which so far has defied all predictions, may be realized earlier than anyone expects. The day of reunification seems to be the best day for the relocation of the capital city. Building a proper capital city would take at least twenty years, and a capital city cannot be dragged from one place to another. On the day of a free and democratic reunification, a national agreement will be reached naturally to find a nationally symbolic city as in Brazil or Australia. Even if security does not pose a problem, the governments way of thinking would not greatly contribute to the balanced development of the country. The Chungcheon region, which is earmarked as the new location of the capital city, has been the greatest beneficiary of its proximity to the capital region. Not being a disadvantaged region, locating the capital city there would not help alleviate regional disparity. If it is absolutely necessary to find a candidate region at present, considering security, balanced regional development and post-reunification scenario of the future, Cheolwon area located in the middle of the Korean peninsula may be a plausible choice. Even if the transfer of capital is delayed in consideration of the present political conflict between the South and the North Koreas, there is a definite shortcut to realizing a balanced regional development. It can be found not in the geographical dispersal of the central government, but in the decentralization of power to the provinces. If the government has surplus money to build a new symbolic capital city, it is only right that it should improve, for instance, the quality of drinking water which now everyone eschews, and to help the regional subway authority whose chronic deficit state resoled in a recent disastrous accident. And it is proper to time the transfer of capital city to coincide with that of the reunification of Korea whenever Providence intends.

The Ruling System of Silla to Gangneung Area Judged from Archaeological Resources in 5th to 6th Century (고고자료로 본 5~6세기 신라의 강릉지역 지배방식)

  • Shim, Hyun Yong
    • Korean Journal of Heritage: History & Science
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    • v.42 no.3
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    • pp.4-24
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    • 2009
  • This paper examined archaeological resources that discuss how Silla entered the Gangneung area, the coastal region along the East Sea that has been excavated most actively. Silla expanded its territories while organizing the its system as an ancient state and acquired several independent townships in various regions, stretching its forces to the East Sea area faster than any other ancient states of the time. In particular, many early relics and heritages of Silla have been found in Gangneung, the center of the East Sea area. Many archaeological resources prove these circumstances of that time and provide brief texts that are valuable for our interpretation of historical facts. In this respect, it was possible for me to examine these resources to answer my question as to why early relics and heritages of Silla are found in the Gangneung area. Based on my research on Silla's advancement into the Gangneung area, I have acquired the following results: How did Silla rule this area after conquering Yeguk in the Gangneung area? After conquering the Gangneung area, Silla attempted an indirect ruling at first. Later, Silla adopted a direct ruling system. I divided the indirect ruling period into two phases: introduction and settlement. In detail, Silla's earthenware and stone chamber tombs first appeared in Hasi-dong in the fourth quarter of the 4th Century and the tombs spread to Chodang-dong in the second quarter of the 5th Century. A belt with dragon pattern openwork, which seems to be from the second quarter of the 5th Century, was found to tell us that the Gangneung region began receiving rewards from Silla during this time. Thus, the period from the fourth quarter of the 4th Century to the second quarter of the 5th Century is designated as the 1st Phase (Introduction) of indirect ruling in terms of aechaeological findings. This is when Silla was first advanced to the Gangneung area and tolerated independent administration of the conquered. In the third and fourth quarters of the 5th Century, old mound tombs appeared and burials of relics that symbolized power emerged. In the third quarter of the 5th Century, stone chamber tombs were prevalent, but wooden chamber tombs, stone mounded wooden chamber tombs, and lateral entrance stone chamber tombs began to emerge. Also, tombs that were clustered in Hasi-dong and Chodang-dong began to scatter to Byeongsan-dong, Yeongjin-ri, and Bangnae-ri nearby. Steel pots were the symbol of power that emerged at this time. In the fourth quarter of the 5th Century, stone chamber tombs were still dominating, but wooden chamber tombs, stone mounded wooden chamber tombs, and lateral entrance stone chamber tombs became more popular. More crowns, crown ornaments, big daggers, and belts were bestowed by Silla, mostly in Chodang-dong and Byeongsan-dong. The period from the third quarter to the fourth quarter of the 5th Century was designated as the 2nd Phase (Settlement) of indirect ruling in terms of aechaeological findings. At this time, Silla bestowed items of power to the ruling class of the Gangneung area and gave equal power to the rulers of Chodang-dong and Byeongsan-dong to keep them restrained by each other. However, Silla converted the ruling system to direct ruling once it recognized the Gangneung area as the base of its expedition of conquest to the north. In the first quarter of the 6th Century, old mound tombs disappeared and small/medium-sized mounds appeared in the western inlands and the northern areas. In this period, the tunnel entrance stone chamber tombs were large enough for people to enter with doors. A cluster of several tunnel entrance stone chamber tombs was formed in Yeongjin-ri and Bangnae-ri at this time, probably with the influence of Silla's direct ruling. In the first quarter of the 6th Century, Silla dispatched officers from the central government to complete the local administration system and replaced the ruling class of Chodang-dong and Byeongsan-dong with that of Silla-friendly Yeonjin-ri and Bangnae-ri to reorganize the local administration system and gain full control of the Gangneung area.