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A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

Study on Material Characteristics and Conservation Methods for Tracksite of Cretaceous Dinosaurs and Pterosaurs of Jeongchon area in Jinju, Korea (진주 정촌면 백악기 공룡·익룡발자국 화석산지의 재질특성 및 보존 방안 연구)

  • Ji Hyun Yoo;Yu Bin Ahn;Myoung Nam Kim;Myeong Seong Lee
    • Economic and Environmental Geology
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    • v.56 no.6
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    • pp.697-714
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    • 2023
  • The Tracksite of Cretaceous Dinosaurs and Pterosaurs in Jeongchon, Jinju was discovered in late 2017 during the construction of the Ppuri industry complex. This site is a natural heritage site with a high paleontological value, as it preserves fossils of various types of dinosaurs, pterosaurs, and animal traces at a dense concentration. In this study, we surveyed that physical weathering such as joint, crack, scaling, exfoliation, and fragmentation occurred through field research in the fossil site, and conducted basic research on conservation science to reduce the damage. To this end, among the eight levels identified after excavation, the rocks of Level 3, which yielded a large number of theropod footprint fossils, and Level 4, which yielded pterosaur footprint fossils, were analyzed for material characteristics and evaluation of the effectiveness of consolidation and adhesion. This results showed that the rocks in the Level 3 stratum were dark gray siltstone and the rocks in the Level 4 stratum were dark gray shale, which contained a large amount of calcite and were composed of quartz, plagioclase, mica, alkali feldspar, and other clay minerals, which are likely to be damaged by rainfall under external conditions. As a result of conducting an artificial weathering experiment by dividing the probationary sample into four groups: untreated, consolidation treatment, anti-swelling treatment, and adhesive treatment, the consolidation and the swelling inhibitor showed an effect immediately after treatment, but did not show a blocking effect under a freezing-thawing environment. The adhesive showed that the adhesive effect was maintained even under freezing-thawing conditions. In order to preserve the fossil sites at Jeongchon in the future, in addition to temporary measures to block the inflow of moisture, practical measures such as the construction of protective facilities should be prepared.