• Journal of Digital Convergence
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• v.18 no.8
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• pp.85-95
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• 2020

It is a newly defined concept of digital sex crimes as the sex crime pattern in Korea is integrated with digital technology. After examining the current status and response of digital sex crimes in Korea, legal and institutional gaps are identified.It is also aimed at drawing up appropriate responses to domestic situations compared to cases in major foreign countries. This study adopted the mode of literature research.It used related data from government agencies, various statistics and survey data, seminar data organized by the National Assembly office, women's organizations, and research reports. The ultimate goal is to derive the problem situation by analyzing the current system.The results of this study are to discuss digital sex crimes that are being expanded and reproduced by the development of digital media. It also points out that the legal vacuum caused by the law's failure to keep up with the law needs to be continued.Our conclusion is that we should actively accept best practices from abroad. In addition, it is necessary to create a community value in which all members of society become "monitors" in the recognition that they may be perpetrators or victims.

• Journal of Environmental Health Sciences
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• v.19 no.4
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• pp.51-58
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• 1993

The integrated solid waste management for Seoul Metropolitan city can be established on the basis of the following hierarchy of priorities: 1. Efforts for source reduction should be propelled by both government and citizens to achieve the effects of resource conservation. The adequate production and consumption which are environmentally amenable and sustainable can be induced by the reasonable imposition of deposit money for waste treatment to one-time use products. To accomplish source reduction effectively, the induction of legal and institutional regulation of producer and consumer participation is requisite. 2. For resource recovery, wastes generated should be recycled as far as practicable. Community residents are responsible to separate discharge, the authorities concerned have responsibility of separate collection, and recycling industry should be assissted through tax reduction and financing. Resource separation facilities can be constructed at Kimpo Metropolitan landfill site for wastes not separately collected due to some unavoidable circumstances. 3. Garbage should be composted. Garbage is uneconomical for incineration, because it has high moisture content and low calorie, thus there is no reason for the incineration of garbage even though garbage is classified into combustibles. Composting facilities can be located at sites which are not densely populated and easily accessible to transportation, for example, Kimpo Metropolitan landfill site. Compost produced can be managed by the authorities for the use of fertilizer to a green tract of suburban land and farms. 4. Nonhazardous combustible wastes not recyclable can be utilized for thermal recovery at the incinerators which are completely equipped with pollution control devices. According to the trend of local autonomy and the equity principle of local autonomous entities, incineration facilities of minimal capacity required can be constructed at each districts of Seoul Metropolitan city which have organized local assembly. In case of Yangcheon district, the economically combustible waste quantity is about 260 tons/day which exceeds 150 tons/day, the incineration capacity of existing facility. But, from now on, waste quantity can be reduced substantially by the intensive efforts of citizens for source reduction and recycling and the institutional support of administrative organizations. Especially, it is indispensable for the government to constitute institutional and technological bases that can recycle paper and plastics form 43% of waste generated. A good time for constructing of incineration facilities for municipal solid waste can be postponed to the time that pollution control technologies of domestic enterprises are fully developed to satisfy the standards of air pollution prevention, because the life expectancy of Kimpo Metropolitan landfill site is about 25 years. Within this period, institutional improvements and technological advancements can be attained, while the air qual. ity of Seoul Metropolitan city can be ameliorated to the level to afford incineration facilities. 5. For final disposal, incombustibles and ash are landfilled sanitarily at Kimpo Metropolitan landfill site.

• The Korean Journal of Archival Studies
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• no.10
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• pp.145-194
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• 2004

Church archives are the evidential instruments to remember church activity and important information aggregate which has administrative, legal, financial, historical, faithful value as the collective memory of church community. So it must be managed necessarily and the management orders are based on the Bible. The western churches which have a correct understanding about the importance of church records and management order have taken multilateral endeavor to create, manage church archives systematically. On the other hand, korean churches don't have the records management systems. Therefore, Records created in individual church are mostly managed unsystematically and exist as 'backlogs', finally, they are destructed without reasonable formalities. In those problems, the purpose of this study is to offer the way of records classification and disposition instrument with recognition that records management should be done from the time of creation or previous to it. As a concrete device for them, I tried to embody the function-based classification method and disposal schedule. I prefer the function-based classification and disposal schedule to the organization and function-based classification to present stable classification and disposal schedule, as we can say the best feature of the modern organization is multilateral and also churches have same aspect. For this study, I applied DIRKS(Designing and Implementing Recordkeeping Systems) manual which National Archives of Australia provide and guidelines in ICA/IRMT series to construct the theory of the function-based classification in individual churches. Through them, it was possible to present a model for preliminary investigation, analysis of business activity, records survey, disposal schedule. And I took an example of 'Myong Sung Presbyterian Church' which belong to 'The Presbyterian church in Korea'. I explained in detail codifying process and results of preliminary investigation in 'Myong Sung Presbyterian Church', analysis of business activity based on it, process of presenting the function-based classification and disposal schedule got from all those steps. For establishing disposal schedule, I planned 'General Disposal Schedule' and 'Agency Disposal Schedule' which categorized 'general function' and 'agency function' of an agency, according to DIRKS in Australia and ICA/IRMT. And for estimation of disposal date I had a thorough grasp of important records category presented in 'Constitution of General Assembly', interview to know the importance of tasks, and added examples of disposal schedule in western church archives. This study has significance that it was intended to embody 'the function-based classification' and 'disposal schedule' suitable for individual church, applying DIRKS in Australia and ICA/IRMT on absence of the theory or example which tried to present the function-based classification and disposal schedule for individual church. Also it is meaningful to present a model that can classify and disposal real records according to the function in individual church which has no recognition or way about records management.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.207-244
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• 2015

Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.127-160
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• 2014

The UN COPUOS was established in 1959 as a permanent committee of the UN General Assembly with the aims to promote international cooperation in peaceful uses of outer space, to formulate space-related programmes within the UN, to encourage research and dissemination of information on space, and to study legal problems arising from the outer space activities. Its members have been enlarged from 24 members in 1959 to 76 in 2014. The Legal Subcommittee, which has been established under COPUOS in 1962 to deal with legal problems associated with space activities, through its first three decades of work has set up a framework of international space law: the five treaties and agreements - namely the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, Moon Agreement - and the five declarations and legal principles. However, some sceptical views on this legal framework has been expressed, concerning the applicability of existing international space law to practical issues and new kinds of emerging space activities. UNISPACE III, which took place in 1999, served as a momentum to revitalize the discussions of the legal issues faced by the international community in outer space activities. The agenda of the Legal Subcommittee is currently structured into three categories: regular items, single issue/items, and items considered under a multi-year workplan. The regular items, which deal with basic legal issues, include definition and delimitation of outer space, status and application of the five UN treaties on outer space, and national legislation relevant to the peaceful exploration and use of outer space. The single issues/items, which are decided upon the preceding year, are discussed only for one year in the plenary unless renewed. They include items related to the use of nuclear power sources in outer space and to the space debris mitigation. The agenda items considered under a multi-year work plan are discussed in working group. Items under this category deal with non-legally binding UN instruments on outer space and international mechanism for cooperation. In recent years, the Subcommittee has made some progress on agenda items related to nuclear power sources, space debris, and international cooperation by means of establishing non-legally binding instruments, or soft law. The Republic of Korea became the member state of COPUOS in 2001, after rotating seats every two years with Cuba and Peru since 1994. Korea's joining of COPUOS seems to be late, in considering that some countries with hardly any space activity, such Chad, Sierra Leone, Kenya, Lebanon, Cameroon, joined COPUOS as early as 1960s and 1970s and contributed to the drafting of the aforementioned treaties, declarations, and legal principles. Given the difficulties to conclude a treaty and un urgency to regulate newly emerging space activities, Legal Subcommittee now focuses its effort on developing soft law such as resolutions and guideline to be adopted by UN General Assembly. In order to have its own practices reflected in the international practices, one of the constituent elements of international customary law, Korea should analyse its technical capability, policy, and law related to outer space activities and participate actively in the formation process of the soft law.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.211-241
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• 2012

The Draft International Code of Conduct for Outer Space Activities officially proposed by the European Union on the occasion of the 55th Session of the United Nations Peaceful Uses of the Outer Space last June 2012 in Vienna, Austria is to fill the lacunae of the relevant norms to be applied to the human activities in the outer space and thus has the merit our attention. The missing elements of the norms span from the prohibition of an arms race, safety and security of the space objects including the measures to reduce the space debris to the exchange of information of space activities among space-faring nations. The EU's initiatives, when implemented, cover or will eventually prepare for the forum to deal with such issues of interests of the international community. The EU's initiatives begun at the end of 2008 included the unofficial contacts with major space powers including in particular the USA of which position is believed to have been reflected in the Draft with the aim to have it adopted in 2013. Although the Code is made up of soft law rather than hard law for the subscribing countries, the USA seems to be afraid of the eventuality whereby its strategic advantages in the outer space will be affected by the prohibiting norms, possibly to be pursued by the Code from its current non-binding character, of placing weapons in the outer space. It is with this trepidation that the USA has been opposing to the adoption of the United Nations Assembly Resolutions on the prevention of an arms race in the outer space (PAROS) and in the same context to the setting-up of a working group on the arms race in the outer space in the frame of the Conference on Disarmament. China and Russia who together put forward a draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects (PPWT) in 2008 would not feel comfortable either because the EU initiatives will steal the lime light. Consequently their reactions are understandably passive towards the Draft Code while the reaction of the USA to the PPWT was a clear cut "No". With the above background, the future of the EU Code is uncertain. Nevertheless, the purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security, all to maximize the principle of the peaceful use and exploration of the outer space is the laudable efforts on the part of EU. When the detailed negotiations will be held, some problems including the cost to be incurred by setting up an office for the clerical works could be discussed for both efficient and economic mechanism. For example, the new clerical works envisaged in the Draft Code could be discharged by the current UN OOSA (Office for Outer Space Affairs) with minimal additional resources. The EU's initiatives are another meaningful contribution following one due to it in adopting the Kyoto Protocol of 1997 to the UNFCCC (UN Framework Convention on the Climate Change) and deserve the praise from the thoughtful international community.

• Journal of the Korean Society for Marine Environment & Energy
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• v.11 no.3
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• pp.138-149
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• 2008

Rapid accumulation of carbon dioxide in the atmosphere for the past century leads to acidify the surface ocean and contributes to the global warming as it forms acid in the ocean and it is a green house gas. In order to curb the green house gas emissions, in particular carbon dioxide, various multilateral agreements and programs have been established including UN Convention of Climate Change and its Kyoto Protocol for the last decades. Also a number of geo-engineering projects to manipulate the radiation balance of the earth have been proposed both from the science and industrial community worldwide. One of them is ocean fertilization to sequester carbon dioxide from the atmosphere through the photosynthesis of phytoplankton in the sea. Deliberate fertilization of the ocean with iron or nitrogen to large areas of the ocean has been proposed by commercial sector recently. Unfortunately the environmental consequences of the large scale ocean iron fertilization are not known and the current scientific information is still not sufcient to predict. In 2007, the joint meeting of parties of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 and 1996 Protocol (London Convention/Protocol) has started considering the purposes and circumstances of proposed large-scale ocean iron fertilization operations and examined whether these activities are compatible with the aims of the Convention and Protocol and explore the need, and the potential mechanisms for regulation of such operations. The aim of this paper is to review the current development on the commercial ocean fertilization activities and management regimes in the potential ocean fertilization activities in the territorial sea, exclusive economic zone, and high seas, respectively, and further to have a view on the emerging international management regime to be London Convention/Protocol in conjunction with a support from the United Nations General Assembly through The United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.247-276
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• 2017

The protection of space asset has been new major cause of space militarization. For such purpose, it has been officially announced that a policy of deterring and denying any adversaries from accessing the outer space. Space militarization is to be conversed into a new concept of space weaponization. The USA has announced its policy of space weaponization, while China and Russia have not revealed their plan or policy. Latter States, however, have proposed a draft treaty limiting the deployment of warfare in the outer space. The terms of the Outer Space Treaty, reflecting three significant United Nations General Assembly resolutions from the 1960s, support the position that ground rules must be observed in the exploration and the use of outer space, particularly in the absence of specific space law rules. Yet the combination (and culmination) of these two approaches to the legal regulation of outer space-specific rules as and when agreed by the international community and the translation of principles developed for terrestrial regulation to outer space-still leaves much room for uncertainty and exploitation for military and strategic purposes. As space weaponization may contribute to deterring the use of weapon, it may be not against the UN Charter Article 2(4). If space weaponization might generate the space debris such that the outer space is no more available for exploration and use, it is against the proportionality principle and discrimination principle enshrined in the laws of the war. But, if the limitation upon the kind and use of space weaponization is agreed among the States, then the space weaponization may not be against the laws of the war, and be considered permissible within the rationale of limited war.