• Title/Summary/Keyword: conflict situation

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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 Significance of Registration Convention and its Future Challenges in Space Law (등록협약의 우주법상 의의와 미래과제에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.375-402
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    • 2020
  • The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

Problems of Water Use and Estimation of Water Right in North Han River Shared by North and South Korea (II) - Estimation of Water Right in Downstream Area (남북공유하천 북한강의 물이용 문제점 및 수리권 추정 (II) -하류유역 수리권 추정)

  • Ahn, Jong-Seo;Lee, Gwang-Man;Jung, Kwan-Sue
    • Journal of Korea Water Resources Association
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    • v.44 no.4
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    • pp.315-325
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    • 2011
  • There are not many practical measures to solve a water conflict, when a hydromorphologically asymmetric situation in international rivers exists whereby downstream users may not affect upstream users but upstream users do cause downstream impacts. In taking advantage of this merit, North Korea has built Imnam Dam in upstream of North Han River and uses water for trans-basin hydropower generation. As an impact of this dam South Korean' area as a downstream user has been suffered from water deficit and dry river. It is very critical for South Korea to solve a key problem such as water allocation for water supply and river maintenance. Therefore, this study is aim to suggest alternatives for equitable water allocation in consideration of special circumstances between the South and the North. For this, reviewing the allocation methods of water rights is carried using lessons obtained from international river cases. The results show that the minimum desired streamflow is calculated at 7.3 $m^3/sec$; water budget analysis by the equitable distribution of streamflows at the border line of the North Han River, the difference in water supply deficiency is at 3.7 $m^3/sec$ before and after Imnam Dam; in the determined distribution method, the difference in water deficiency is at 11.38 $m^3/sec$. These results show that South Korea should be secured 11.38 $m^3/sec$ from North Korean's Imnam Dam in respective of water use right and sound river maintenance.

Implication of the Election Result in line with the Nomination Conflicts of the Korean Political Parties: Based on the nomination of the ruling party and the opposition party in the 20th general election (한국 정당의 공천파동에 따른 선거 결과 함의 : 제20대 총선과정에서 여·야 정당의 공천을 중심으로)

  • Chung, Joo-Shin
    • Korea and Global Affairs
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    • v.1 no.1
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    • pp.31-70
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    • 2017
  • On December 9, 2016, the decision of impeachment of the National Assembly decided against Park Geun-hye came from the nomination conflicts of the 20th general election between Pro-Park group and Anti-Park group at the ruling Saenuri Party. Therefore, this study focused on the nomination conflicts of the ruling party and the opposition party on the election results in the 20th general election on the public sentiment of the people. The nomination conflicts of the ruling and opposite parties were a prelude to the victory of the 19th presidential election, and it was serious faction conflict. Firstly, the study examined how the nomination conflicts of each party were centered on President Park Geun-hye as well as the leaders of each party and the chairman of the nomination committee. Secondly, the study examined what kind of changes would be made to the composition of presidential candidates for each party at the time of the presidential election. Thirdly, the study examined the opposition parties' separation between the Minjoo Party of Korea and the People's Party of Korea before and after the election and the issue of initiative in Honam. As a result of the analysis, the 20th general election failed to obtain a majority seat of the ruling Saenuri Party, and the opposition won and formed the majority. The reason why President Park and Saenuri were greatly defeated in the contest even in the situation where the opposition parties were divided is the root cause in the attitude of Pro-Park group and Anti-Park group who assumed their victory. Therefore, it is highly possible to render its responsibility to President Park Geun-hye, who has become a 'past power', and it has opened up the possibility that the emergence of future power by opposition parties. In the case of the opposition party, it is clear that the battle for Honam, which is a traditional opposition party's support group, is a matter of good fortune of the two major powers, Moon Jae In and Ahn Cheol Soo.

Balance of Power and the Relative Military Capacity - Empirical Analysis and Implication to North East Asia - (세력균형(power balance)에서의 군사력 수준과 동북아시아에 주는 함의)

  • Kim, Myung-soo
    • Strategy21
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    • s.38
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    • pp.112-162
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    • 2015
  • This study began to confirm or review the balance of power theory by applying scientific methods through experiential cases. Though there are several kinds of national power, this study supposes military power as a crucial power when it comes to war and peace. This research covered balance and imbalance through comparing relative military power between nations or nations' group. Comparison of relative military power can be achieved by statistically processing the values of which has been converted into the standard variables in same domain, then calculating the values of nation's power which has been synthesized different experiential factors. In addition, the criteria of experiential experiment is highly dedicated to European countries, USA, Japan prior to 1st and 2nd World War, as well as USA, Soviet Union and North East Asia during Cold War era. In addition, the balance of power theory has been redefined to review the action of the state upon the changes of power as mentioned in the theory. To begin with, the redefined theory states that relative level of military power between nations defines the consistency of peace and balance of power. If military power is enough to be on the range of level required to keep the power in equilibrium, peace and balance can be achieved. The opposite would unbalance the military power, causing conflicts. While the relative military level between nations change, nations seek to establish 'nations group' via military cooperation such as alliance, which also shift relative military power between nations group as well. Thus, in order to achieve balance of power, a nation seeks to strengthen its military power(self-help), while pursuing military cooperation(or alliance). This changes relative military power between nations group also. In other words, if there exists balance of power between nations, there is balance of power between nations group as well. In this theory, WWI and II broke out due to the imbalance of military force between nations and nations group, and reviewed that due to the balance of military force during the Cold War, peace was maintained. WWI was resulted from imbalance of military cooperation between two powerful states group and WWII was occurred because of the imbalance among the states. Peace was maintained from cooperation of military power and balance among the states during the Cold War. Imbalance among continental states is more threatening than maritime states and balance of power made by army force and naval force also is feasible. Also the outcomes of two variables are found military power balanced ratio of military power for balance is 67% when variable ratio of balance is 100% and standard value for balance is 0.86. Military power exists in a form of range. The range is what unstabilized the international system causing nations to supplement their military powers. These results made possible the calculation and comparison between state's military power. How balance of power inflicted war and peace has been studied through scientific reviews. Military conflict is highly possible upon already unbalanced military powers of North East Asian countries, if the US draws its power back to America. China and Japan are constantly building up their military force. On the other hand, Korean military force is inferior so in accordance to change of international situation state's survival could be threatened and it is difficult to achieve drastic increase in military force like Germany did. Especially constructing naval force demands lots of time; however but has benefit that naval force can overcome imbalance between continental states and maritime states.

Analysis on TV News Frame on Whistle-Blower: Focused on News Coverages on 'Kim Yong Chul' Claiming Samsung Group's Slush Fund (내부고발에 대한 텔레비전 뉴스 프레임: '김용철' 변호사의 삼성비리 고발사건을 중심으로)

  • Kim, Nam-Il
    • Korean journal of communication and information
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    • v.43
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    • pp.117-151
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    • 2008
  • This paper regards former Samsung lawyer Kim Yong-Chul's action of claiming Samsung Group's slush fund as typical Whistle-Blowing from inside. News frames in KBS, SBS TV were examined through comparative analysis. In formal feature, 'episodic news frame' hold an absolute majority in both stations. From news sources, the group of whistle-blower such as lawyer Kim Yong-Chul and civic groups was confronted with Samsung and state authorities including the Prosecutor, financial agencies. Analysis on the theme of news coverages demonstrated 5 frames: 'public announcing frame', 'news of conflict frame' 'demanding a close inquiry frame', 'declaration of conscience frame', 'causing social upheaval frame', Analysis result shows that 'public announcing frame' was most frequently used in reporting and there was distinction between KBS and SBS in 'declaration of conscience frame' and 'causing social upheaval frame'. Relatively KBS preferred 'declaration of conscience frame' and SBS would use 'causing social upheaval frame', from which reciprocal relation as media ownership could be analogized. Both media tend to make light of in-depth news coverages on structural issues or essential settlement and it is shown that both stations treated this situation with intriguing audiences as stressing sensitive parts in this event. Follow-up of changing process of 'declaration of conscience frame' through diachronic analysis on framing informs that additional exposure of 'Lee Yong Chul', former secretary in Nov 19, 2007 influenced increasing of frequency of using 'declaration of conscience frame'. However, news reporting on whistle-blower in KBS and SBS generally adheres to passive attitude of following changes in the surroundings rather than playing an active role in improving social recognition on whistle-blowing, which can induce to the spread of negative feature on it. Thus it is assumed that terrestial television broadcasting should regard whistle-blowing as contradiction in social structures and active depth reporting seems to be neded for improving social recognition on whistle-blowing.

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Life Experiences of Middle School Students from Broken Homes (결손가정 중학생의 생활경험)

  • Choe, Gee-Hyun;Chung, Yeon-Kang;Yeoum, Soon-Gyo
    • Journal of the Korean Society of School Health
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    • v.10 no.2
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    • pp.271-283
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    • 1997
  • This study is designed for the school health education, contributing experience of life from middle school students from broken homes by describing specifically what they go through. And on this basis this study works out a grounded theory on the experience of life for middle school students from broken homes. The data was collected through a series of interviews with nine subjects singled out at each stage of research. With the permission of the subjects, the interviews were recorded and transcribed. The interviews lasted from 30 minutes up to one hour and 20 minutes. The in-depth interviewing methods and observations was used for data collection. The data was analyzed in the framework of grounded theory as mapped out by Strauss & Corbin (1990). By analyzing the materials eighty-three concepts were extracted, and they were united into 21 subordinate categories through the course of analysis. These were classified into nine precedence categories. The core category was found to be the adaptation of 'Wichookdem" or "Shrinkage". "Shrinkage" widows experienced was showed as the results "Self-reliance" and "Overcoming" through the course of generation and reaction, confrontation, and adaptation. According to the analysis findings of materials, the central phenomenon was showed as "shrinkage", the causal condition as "surprise", "Darkness", "Grudge", "Desolate", "Empty". The veins as presence of those around people and existence of support, and the meditate situation as self-support. For the strategy in solving "shrinkage", preparations of countermeasure and self-reinforcement were showed. And self-reliance and overcoming were the results. Through the contrast to the cases of ground materials, relation statements as follows were induced; (1) The weaker the suffering is, the weaker the "shrinkage" tends to be. (2) The stronger the suffering is, the stronger the "shrinkage" tends to be. (3) The more frequent and serious the suffering, the stronger the "shrinkage" tend to be. (4) The more infrequent and not serious the suffering is, the weaker the "shrinkage" tends to be. (5) The weaker the "shrinkage" is, the more self-control1ed the responses tends to be. (6) The stronger the "shrinkage" is, the more impulsive the responses tends to be. (7) The more satisfying the support is, the more self-controlled the responses to the "shrinkage" tends to be. (8) The more dissatisfying the support is, the more impulsive the responses to the "shrinkage" tends to be. (9) The more concrete the type of support is, the more self-controlled the responses to the "shrinkage" tends to be. (10) The more superficial the type of support is, the more impulsive the responses to the "shrinkage" tends to be. (11) The more self-controlled the responses are, the more self-reliant the subjects tends to be. (12) The more impulsive the responses are, the more conflict and wandering the subjects tends to be. (13) Whether the responses to the "shrinkage" express themselves in self-control or an impulse, it will be resulted in the form of either tension or pain. The following two were confirmed on the basis of repetitive relations; (1) If a subject's suffering is weak, infrequent and not serious, the "shrinkage" is weak. Also the subject's support is highly satisfying, and the support type is concrete. The responses to the "shrinkage" result in self-control which consequence is self-reliance with part. of it resulting in tension and pain. (2) If a subject's suffering is strong, frequent and serious, the "shrinkage" is strong. Also the subject's support is dissatisfying, and the support type is superficial. The responses to the "shrinkage" result in an impulsion whose consequence is wandering with part of it resulting in tension and pain. Through the results in this study, the following is to be suggested; O This research is basically aimed at analyzing the experience of the middle school students living in broken homes, for the more inclusive approach, the study for them is made systematically according to the type of their problems.

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A Study on the Major Attraction and Space Recognition in Anuisamdong(安義三洞), through the People of the 16th to 19th centuries (16~19세기 인물을 통해 본 안의삼동(安義三洞)의 주요 유람처와 공간인식)

  • Kim, Dong-Hyun;Shin, Hyun-Sil;Lee, Won-Ho
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.37 no.3
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    • pp.49-61
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    • 2019
  • This study aims to examine the spatial recognition of the characters who visited Anuisamdong(安義三洞) in the past and left it in the literature. Thus, the school's relationship between people identified in the relevant literature was analyzed and the elements of landscape were extracted. The results were as follows; First, The figures who authored the literature on Anuisamdong were related to scholars living in Anuihyun(安義縣), along with the Yeongnam confucian genealogy. Starting with Jung, Yeo-Chang(鄭汝昌) in the 15th century, a relationship centered on Nammyeong School(南溟學派) in the 16th century was formed. At that time, people had toured the Anuisamdong regardless of the academic background. In the 17th century, Nammyeong School were in conflict with Toegye School(退溪學派), so Toegye School's influence had no record. In the 18th century, the proportion of Nammyeong School, Toegye School, and Kiho School(畿湖學派) appeared similar as they evolved into the Yeongnam School(嶺南學派). After the 19th century, the proportion of patriots who participated in the anti-Japanese movement was higher than that of schools. Second, The main places used in the literature related to Anuisamdongwere the order of Wonhakdong(猿鶴洞), Hwrimdong(花林洞) and Simjindong(尋眞洞). There are a total of 21 major elements used for the related literature, of which Suseungdae Rock(搜勝臺), Morijae House(某里齋), Nongwaljeong Pavilion(弄月亭), Sasundae Rock(四仙臺) and Cheoksuam Rock(滌愁巖) were the main subjects. Elements of Wonhakdong have been in the spotlight since the 16th century, focusing on Suseungdae Rock. Although the elements of Hwarimdong have been increasing gradually since the 18th century, the ratio of Simjindong to Wonhakdong and Hwarimdong was relatively small. Third, The relationship between the figures who visited the Anuisamdong and the spatial recognition of the Anuisamdong was divided into landscape awareness, emotional awareness and symbolic recognition. The Anuisamdong's scenic view is mostly identified by its description of the waterscape and topographical landscape, which people may have perceived as a scenic site centered on the valley view at the time. The mutual influence of Nammyeong School and Toegye School in the 16th and 17th centuries led to a scene in which the major figures of each school recognized pleasure as a culture of training, and a feeling of longing for the traces of past ancestors as the 18th century travel culture and the 19th century chaotic situation. In addition, the symbolic expression that usually appears is likely to have been recognized as a unworldly place, as the location of the immortal world is confirmed.

The Men's Ideal Lives and the Aspects of their Variation in Sijo (시조에 나타난 남성의 이상적 삶과 그 변주의 양상)

  • Jeong, In-Sook
    • Sijohaknonchong
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    • v.42
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    • pp.69-91
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    • 2015
  • The aim of this paper is to examine the men's ideal lives and the aspects of variation in Sijo. In this paper the focus is two texts of Saseol-Sijo. One is the Saseol-Sijo without any known author, the other is the Saseol-Sijo written by Lee Jeong-bo. These works were enjoyed by many people to posterity, and they were played a variation. The first aspect of variation is the emphasis on men's magnanimous and amusable life. This aspect is thought to be a result of the interference of entertainment space. The second aspect of variation is to show the awareness of impossibility of riches and honors and belief in his alternative life. We can see the conflict between reality and desire. This case is thought to be enjoyed by the person who can sympathize with that situation. The third aspect of variation is to show the transcendence of desire for worldly success and the interest in a happy old age. This case is worthy of notice because it shows the interest in old age. This case expresses the desire for comfortable life or pleasure-seeking life, and it is thought to be more concerned with a concrete everyday life than an idea. Sometimes we can see the works that show reflection of his(her) life and mature attitude to life. More studies on these works should be done.

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The Applicable Laws to International Intellectual Property License Contracts under the Rome I Regulation (국제 지식재산권 라이센스 계약 분쟁의 준거법 결정 원칙으로서 로마I 규정의 적용에 관한 연구)

  • Moon, Hwa-Kyung
    • Journal of Legislation Research
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    • no.44
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    • pp.487-538
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    • 2013
  • It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.