• Proceedings of the Korea Water Resources Association Conference
• /
• 2005.09a
• /
• pp.782-784
• /
• 2005

• Proceedings of the Korea Water Resources Association Conference
• /
• 2005.09a
• /
• pp.297-298
• /
• 2005

• Journal of Ginseng Culture
• /
• v.5
• /
• pp.77-96
• /
• 2023

This study looks at the origin of a wild-ginseng, Korean ginseng, and traces the origin of associated wild-ginseng digging customs back to the Annals of the Joseon Dynasty. These historical customs helped Korea gain control over its wild ginseng resources following Japanese colonization acts, Korea's present-day forest laws, and Korean Civil Law. Prior to Japanese colonial rule in Korea (1910-1945), ginseng digging was a common custom, but Imperial Japan distorted Korea's own legal principles of the public rights of wild-ginseng digging during this colonial period. Distorted legal principles concerning digging customs continued after Korea's liberation from Japanese rule and were maintained until the enforcement of the Korean Civil Law in 1960, when legal principles of the right of common were changed to special servitude. The origin of the right of common can be found in the Sichojang of the Joseon Dynasty. The Sichojang, a place where local residents jointly collected firewood and fed livestock, was the minimum right to life and interest at the time. Since the right of common was the right to life, Imperial Japan attempted to abolish it, but it was never successful. In addition, distorted legal principles have been maintained in present-day forestry-related laws and regulations. Over 75 years since the liberation from Japanese rule in 1945, it is imperative to break away from the distorted legal principles and acknowledge that digging custom rights have changed from common customs to a special servitude under Korean Civil Law. Hence, an organization of wild-ginseng diggers is an unincorporated association, and their wild-ginseng digging customs can be constituted as a special servitude. Hence, their practices should be considered valid under customary law. Through this, it will be possible to clarify the legal nature and grounds for ginseng-related wild-ginseng digging activities, as well as the civil responsibility for the activities of wild-ginseng diggers.

• Journal of Arbitration Studies
• /
• v.31 no.4
• /
• pp.29-49
• /
• 2021

The Chinese Arbitration Law came into force in 1995 and has been implemented for 26 years. As a party to the New York Convention, there are many contradictions and conflicts between the Chinese Arbitration Law and the New York Convention on the issue of ad hoc arbitration, and this institutional disconnection can bring about problems such as misalignment of arbitration powers. On July 30, 2021, China's Ministry of Justice published a draft of the revised Arbitration Law for public consultation, and the draft has generated a lively debate among the public. This article explores the reasonable and inadequate points of the draft of Arbitration Law in light of the recent trends in the use of commercial arbitration in China, the COVID-19, the Free Trade Zone, and the relationship between the Civil Code and the Arbitration Law.

• The Korean Journal of Air & Space Law and Policy
• /
• v.19 no.2
• /
• pp.179-197
• /
• 2004

As we observed in Irag war, air force power is integral to military operations owing to its promptness and accuracy. In this regard, strong air force power has a deterrent effect on a war. Meanwhile, as aviation industry is a key-future industry, the importance of the industry in our economy is significantly growing. Therefore, to maximize a national interest in utilizing limited aviation resources, it is necessary to establish a new system in which civil aviation and military aviation system is closely related and consolidated. Thus, our task is to find a way to enhance civil aviation industry to the extent of guaranteeing effective military operations. At the same time, civil aviation resources shall be effectively utilized for the military purposes in the event of a war. Ibis task should be carried out in a way to further efficiency for both civil and military aviation system, rather than resulting in conflicts between two syste

• Smart Structures and Systems
• /
• v.22 no.1
• /
• pp.41-55
• /
• 2018

Damping ratio and frequency have influence on dynamic serviceability or instability such as vortex-induced vibration and displacement amplification due to earthquake and critical flutter velocity, and it is thus important to make determination of damping ratio and frequency accurate. As bridges are getting longer, small scale model test considering similitude law must be conducted to evaluate damping ratio and frequency. Analysis conditions modified by similitude law are applied to experimental test considering different scale ratios. Generally, Nyquist frequency condition based on natural frequency modified by similitude law has been used to determine sampling rate for different scale ratios, and total time length has been determined by users arbitrarily or by considering similitude law with respect to time for different scale ratios. However, Nyquist frequency condition is not suitable for multimode system with noisy signals. In addition, there is no specified criteria for determination of total time length. Those analysis conditions severely affect accuracy of damping ratio. The focus of this study is made on the determination of minimum analysis conditions for different scale ratios. Influence of signal to noise ratio is studied according to the level of noise level. Free initial value problem is proposed to resolve the condition that is difficult to know original initial value for free vibration. Ambient and free vibration tests were used to analyze the dynamic properties of a system using data collected from tests with a two degree-of-freedom section model and performed on full bridge 3D models of cable stayed bridges. The free decay is estimated with the stochastic subspace identification method that uses displacement data to measure damping ratios under noisy conditions, and the iterative least squares method that adopts low pass filtering and fourth order central differencing. Reasonable results were yielded in numerical and experimental tests.

• International Journal of Computer Science & Network Security
• /
• v.22 no.9
• /
• pp.307-315
• /
• 2022

The review of known decision-making support systems and technologies regarding the possibility of donation and transplantation showed that currently there are no systems and technologies of decision-making support regarding the possibility of donation and transplantation considering civil law. The paper models the decision-making support process regarding the possibility of donation and transplantation, which is a theoretical basis for the development of rules, methods and technology of decision-making support regarding the possibility of donation and transplantation considering civil law. The paper also developed the technology of decision-making support regarding the possibility of donation and transplantation considering civil law as a component of the Unified State Information System for Organ and Tissue Transplantation, which automatically and free of charge determines the possibility/impossibility of donation and transplantation. In the case of the possibility of donation, the admissible type of donation is also determined - over-life or after-life donation - and data about potential donor is entered in the relevant Donor Register. In the case of the possibility of transplantation, if the recipient needs a transplant of one of the paired organs or a part of the organ/tissue, then data about potential recipient are entered in the Transplantation List from both over-life and after-life donor, otherwise, if the recipient needs a transplant of a non-paired organ or both paired organs, then data about potential recipient are entered only in the Transplantation List from after-life donor.

• Korean Journal of Social Welfare
• /
• v.66 no.2
• /
• pp.31-49
• /
• 2014

The purpose of this study is to analyze precedents related with child abuse for protection of the rights of the child. There should be the law related with 'punishment for child abuse,' which is the grounds of punishment, to make a precedent in the law punishing for 'child abuse,' but there is the concept only for 'child abuse' in the Child Welfare Law, the fundamental law; therefore, for a direct judgment for punishment, only precedents of 'child abuse' related with loss of parental rights and judgements for criminal cases, civil cases and laws covering special cases have been made. For that reason, 'the special law related with punishment for child abuse cases' is desperately required (On last December 23, 2013, the special law related with punishment for child abuse cases passed the National Assembly). Hence, precedent analysis had performed by grouping precedent from 2000 to 2013 which were not judged as child abuse in trial but can be regarded as child abuse. When analyzing each precedent according to the contents of analysis and judgment by fact relevance in this study, problems which the current legislative system has were deducted through an implication of each case by diagnosing using diagraming after classifying lower instance terminated cases, which precedents of the Supreme Court and judgments sent to the Supreme Court were excluded, while excluding cases settled in the civil level and classifying analysis of civil case precedents which did not become a criminal case and completed as a civil case, analysis of criminal case precedents, classification of precedents of loss of the parental rights (regarding child abuse) and precedents of any other special laws. And compensatory tasks for special laws regarding punishment of child abuse were presented while suggesting compensatory tasks for the legislation regarding deducted problems.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.2
• /
• pp.41-68
• /
• 2011

This article deals with the current rules of law of air warfare and its surrounding issues on precautionary action by a military aircraft at air-to-air operation in international armed conflict. However there is no separate and independent legal system to regulate warfare in aerospace in the current system of law of war (or law of armed conflict). In other words, law of air warfare does not exist in a form of a separate treaty. Air warfare has been regulated by international customary law and the relevant provisions in different Conventions, including 1949 four Geneva Conventions and two Additional Protocols, which mainly regulate land and naval warfare. And this makes difficult to make clear a legal term or legal tests on an issue concerned with law of air warfare, which concludes from time to time a dispute on interpretation and implementation of law of air warfare between states. Therefore, this article refers various materials (including 1949 Geneva Conventions and Additional Protocols, San Remo Manual, Harvard Manual, and ICAO Manual on Interception of Civilian Aircraft) for the purpose of defining the current and desirable legal test on precautionary action by military aircraft. In addition to the main purpose of this article, this article tried to show a characteristic of developing mechanism of law of air Warfare taking into account interactions between international air law and law of air warfare.

• The Korean Society of Law and Medicine
• /
• v.7 no.2
• /
• pp.271-310
• /
• 2006

In the situation of bringing out of social problem about the medical accident and medical dispute, from 1988 the enactment activity for a legislative bill on conciliation of dispute has promoted, a legislative bill on prevention and relief of medical accident was again proposed in December, 2005. This bill has been faced rough going in review process of National Assembly. Because the purpose of this legislative bill is the conciliation of interest of between medical service consumer and medical service supplier, an item of issues of law is no-fault compensation scheme. However, as no-fault compensation scheme runs counter to the principle liability with fault in our civil law, as expected, whether the inducement is valid or, if induced, the problem is not must be totally reviewed. First of all, the general of principle liability without fault and especially the medical system in foreign countries are reviewed, by reviewing an issue and the pros and cons of the inducement of no-fault compensation scheme, this article draws the conclusion. After all, considering that the necessity adapting Gefahrdungschftung in medical accident as much as other industrial fields exists, the many provisions of the principle liability without fault exists in civil law and special law of our law system, and no-fault compensation scheme let legislative purpose be, to what extent, achieved by conciliating patient and doctor, the inducement of principle liability without fault in medical field is reasonable in the aspect of politic and legal system.