• Korean Journal of Heritage: History & Science
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• v.52 no.4
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• pp.78-103
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• 2019

The Conservation Decree of the Chosun Treasures Historic and Natural Monuments (hereinafter referred to as the Conservation Decree), which was enacted during the Japanese colonial period, was preserved in accordance with the provisions of article No. 100 of the constitutional law. However, legislative attempts were made to replace the Conservation Decree during the US military administration and early Korean Government. The first attempt was about the National Treasures Historic and Natural Monuments which were brought in by the Legislative Assembly of South Chosun (1947) during the US military administration. The second was a bill by the government for preservation of historical interests (1950), which was submitted to the National Assembly on March 15, 1950 (the so-called Preservation Act (1950)). These two bills were amended and supplemented on the basis of the existing contents of the Conservation Decree. Afterwards, from 1952 to 1960, the legislation of the Cultural Heritage Protection Act (1959) and the Cultural Heritage Bill (1960) were subsequently introduced and enacted. The government's attempt to enact such a cultural property bill was aimed at the legislature to replace the preservation order system that had been in effect since the Japanese colonial period. However, due to the political situation at the time, these laws did not reach final legislation. In October 1960, the government enacted the Regulations for the Preservation of Cultural Property, which was an administrative edict that was promulgated and enacted in November. This was the first official cultural property decree introduced by the Korean government. With the enactment and promulgation of the Cultural Heritage Protection Act in January 1962, Korea's judicial cultural property legislation was established, based on the Korean government's unremitting efforts and experience in legislation of cultural property. In that context, the Cultural Heritage Protection Act is a historical product. The Cultural Heritage Protection Act, which was enacted in 1962, is known to emulate or transplant Japan's Cultural Heritage Protection Act (1950). It was not fully recognized that it was an extension of the Korean government's legislative process of cultural property during the period of 1945-1960. Therefore, it is important to examine the legislative process of cultural property from 1945 to 1960 to understand the background of enacting the Cultural Heritage Protection Act in 1962 along with the establishment of the Korean Cultural Property Law.

• 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.

• Journal of the military operations research society of Korea
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• v.37 no.1
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• pp.49-70
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• 2011

This paper re-evaluated the research on the accounting information's effectiveness in military construction contracts, questioning the former research results on the central army's construction contract that was under the Qualification Assessment System, especially concerning the relations between the accounting information and the bidding ratios as well as the relations between the bidding rates and the defect rates, which targeted between 1 to 10 billions civil engineering, construction, electricity, telecommunication, and environment work types. Unlike the previous results, the relationship between the accounting information and the bidding rates was shown to be considerably limited that the bidding ratio could not be identified through the accounting information, while it could discern the relations with the defect rates. Furthermore, the proven results did not support the hypothesis that the differences in bidding rates could affect the defect ratio. However, through the prediction model of bidding and defect ratios, we could identity the accounting variables that influenced the ratios. Additionally through the results regarding the non-financial indexes in the Pre-Qualification items, the weight on these indexes could be adjusted. In conclusion, the research results has given us new understanding of the problems in the Qualification Assessment System which accounts for the majority of the current military construction contracts and provide validity on the government's expanded implementation of the Lowest Price Award System.

• Journal of the Korean Society of Manufacturing Process Engineers
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• v.20 no.5
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• pp.35-46
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• 2021

The purpose of this study is to establish effective quality control activities to maintain proper operation rates and improve the performance of research and development weapon systems. Quality control improvement measures suitable for the actual conditions of our military were identified by comparing the operational methods and advantages/disadvantages of the domestic quality control systems Defense Quality Management System and Defense Quality mark with those of the systems employed in the US(QPL and QML). In order to ensure the reliability of the weapon system, it is imperative to operate a design-oriented self-quality management system through manufacturing-oriented government-led inspection and to expand and reorganize the certification system divided into manufacturing items and companies.

• Strategy21
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• s.43
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• pp.57-88
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• 2018

Security situations are fundamentally and rapidly changing on the Korean Peninsula. Above all, as North Korea(NK) is heightening its nuclear and missile capabilities, Republic of Korea(ROK) is facing an existential threat. At the same time, as China's economic, diplomatic and military power is quickly rising, the balance of power is shifting and strategic competition between the Unite States(US) and China is accelerating in the Asia-Pacific region. Under the pressure of development of these situations, ROK seems to face allegedly the most serious crisis in its national security since the end of the Korean War. In the current grim geopolitical situation, maritime security may become the most difficult security challenge for ROK in the years to come. The purpose of this paper is to compare major changes in maritime security affairs of the ROK during last twenty years from 1998 until now(2018). 1998 was when this journal 『Strategy 21』 was published for the first time by the Korea Institute for Maritime Strategy. Then, this paper tries to identify challenges and risks with which this country has to deal for its survival and prosperity, and to propose some recommendations for the government, the Navy, and the Coast Guard as they are responsible for the maritime security of the country. The recommendations of this paper are as follows: strengthen ROK-US alliance and expand security cooperation with regional powers in support of the maintenance of the current security order in the region; building-up of maritime security capacity in preparation for crisis on the maritime domain with the navy targeting to acquire 'a non-nuclear, balance-of-terror capability, to improve interoperability with the Coast Guard based on 'a national fleet,' and to actively pursue innovation in naval science and technology. Finally, this paper proposes that naval capability the country needs in another twenty years depends on how effectively and rigorously the navy put its utmost efforts towards building 'a strongest navy' today.

• Convergence Security Journal
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• v.18 no.2
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• pp.89-99
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• 2018

In the year 2018, South Korea faces a crucial decision with regard to reunification. Starting from inter-Korean and US-North summits held from April through June, A rough journey for North Korea's "Complete, verifiable and irreversible dismantlement" began. Although South Korea insists that North Korea's Nuclear 'CVID' is the only minimum condition in the process of peaceful reunification, North Korea and other countries who support North Korea, including China and Russia, will possibly claim that North Korea's Nuclear 'CVID' will minimize their political and military positions internationally. Despite representatives from each country agreeing to North Korea's denuclearization, it is inevitable that many challenges still need to be resolved during the process. From the perspective of the Chinese government, North Korea is not a country that stimulates international conflicts. Instead, China can utilize North Korea as their political and tactical leverage against the US in order to compete for hegemonic power in Asia. In order to reject the emerging supremacy of China and resolve uncertainties in the denuclearization agreement and implementation process, I suggest the necessity of 'Korea-Japan Security Cooperation' as a 'second alternative' to achieve the North Korea's Nuclear 'CVID'.

• The Journal of the Convergence on Culture Technology
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• v.9 no.5
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• pp.391-395
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• 2023

There are countless possibilities lying ahead of us, and while predicting the future may be challenging, it does not render the act of forecasting meaningless. Predicting various possibilities allows us to be flexible in coping with unforeseen circumstances. This study was conducted to explore extreme events (X-events) in the population sector in South Korea. To achieve this, focus group interviews were conducted with 32 emergency planning officers in government and public services. Based on these interviews, significant research findings were derived, indicating that population issues such as population decline and aging could have substantial impacts on various fields, including the economy and national defense. With this study as a catalyst, we anticipate a more active discussion and discourse on X-events that could occur in our society.

• Convergence Security Journal
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• v.14 no.6_1
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• pp.23-32
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• 2014

Japan has abolished the 3 Principles on Arms Exports and announced the new 3 Principles on Transfer of Defense Equipment and Technology. This article investigates the backgrounds of the abolition of the old regulation on banning arms exports. Japan government repealed 3 principles on arms exports to develop military industry and they insist that they pursue their national strategy called "Proactive Contribution to Peace." The future changes in defense industry due to the new principles are examined with the analysis of the defense industry indicators. The home production of the arms could be continued. However the international cooperation for the co-development and co-production of the weapon systems would be increased with not only the US but also the various countries. At the same time the efforts to export arms overseas are anticipated to be enhanced by the Japanese government and defense companies.

• International Commerce and Information Review
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• v.7 no.4
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• pp.135-156
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• 2005

Since July 7 mutual declaration in 1988 which is a landmark for South-North Korean relations, Inter-Korean Trade has been set out. During the period, the Inter-Korean Trade has been ups and downs depending on the Inter-Korean relations and economic situation of both countries. South Korea became one of the major three trading countries of North Korea's trading partners in 2000, when the sum of annual trade volume reached the record 425million US dollars. A rapidly increasing number of countries including North Korea are developing national policies and strategies to promote the digital economy, recognizing the potential benefits of e-business as an engine of growth and development. However, the trade structure of South-North Korea remains very simple in terms of its contents. Furthermore trade procedure many limitations especially electronic commerce in North Korea has many obstacles to working properly. The information in Inter-Korean trade cannot be shared in common. South Korean firms have suffered repeatedly trial and error and excessive competition took place among South Korean firms. Institutional inertia related to mutual trade, political and military Impacts on Inter-Korean economic relations, abnormal industrial structure of North Korea and insufficiency of SOC could be mentioned as major problems in Inter-Korean trade as well. Several measures should be taken in order to cope with those problems. First of all, South Korean government should provide valuable information to business firms about North Korean economy and business environments. It is suggested that forums related to inter-Korean trade hold in regular base between South and North Koreas and establish the system of business information sharing. Second, the government should improve various laws and regulations to respond to the realistic needs of inter-Korean trade. That is, detailed measures should be taken to guarantee investment in electronic commerce. Third, it is desirable to start with the mutual agreement between South and North Korea.

• Strategy21
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• s.44
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• pp.28-53
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• 2018

The U.S. has recently developed Free and Open Indo-Pacific strategy and Distributed Lethality strategy based on a common perception that they are responding to China's threats. In the future, it is anticipated the following. Strengthen cooperation of the U.S.-India-Vietnam navy, Maximizing the combined combat power between the U.S. and regional navies, Improving its ability to restore damage control, Economic cooperation between the Pacific and Indian countries. The meanings given to the Korean navy are as follows. First, South Korea should pursue cooperation with the Indian Navy, which will grow into a regional balance on China's growth. The growth of the Indian navy is expected to increase cooperation with other Pacific countries. The government should seek ways to promote cooperation with india navy in various fields. Secondly, it is a joint drill between the U.S. Navy and the Korean Navy. Recently, the Korea-U.S. joint drill has not been conducted and many changes are expected to be made regarding the implementation of the joint drill in the future. Therefore, it is necessary to respond to possible changes in the naval relationship between Korea navy and the U.S. navy Also, due to distributed lethality strategy, preparations for operations and training with U.S.navy will be necessary. Lastly, it should contribute to cooperation among regional countries in preparation for maritime territorial disputes. The growth of the Chinese navy and the territorial disputes in the East and South China sea has raised the possibility of accidental military clashes at sea. Therefore, the government should make efforts to create multilateral security cooperation systems that can continue to promote the prevention of armed conflict.