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The New Social Contract and the Digital Bill of Rights : Focusing on Political and Social Context and Institutionalization (새로운 사회계약과 디지털 권리장전: 정치·사회적 맥락과 제도화를 중심으로)

  • Jo, Gye-Won
    • Informatization Policy
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    • v.31 no.1
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    • pp.53-71
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    • 2024
  • Digital transformation calls for a new social contract that must transform the existing norms and paradigms of our society. Digital constitutionalism is a way of building new order through a new social contract and is an ideology that aims to establish and ensure a normative framework for the protection of fundamental rights and balance of power in the digital environment. The Internet/Digital Bill of Rights is a representative example of constitutionalization based on this ideology. Initially, it took the form of an informal, non-binding declaration led by civil society organizations or various stakeholders, setting forth normative principles adapted to the changing nature of digital society. More recently, they have taken the form of formal charters, declarations, or laws containing principles at the national or regional level. The "Digital Bill of Rights" proposed by the Korean government can be seen as an example of this trend, but it does not fully reflect the recent trend of Internet/Digital Bills of Rights in terms of substantive and procedural legitimacy. Even if the government provides a certain normative direction, it needs to be combined with a concrete action plan in each area to create a balance of norms with digital technologies and industries instead of simply being a "declaration".

NIRS AS AN ESSENTIAL TOOL IN FOOD SAFETY PROGRAMS: FEED INGREDIENTS PREDICTION H COMMERCIAL COMPOUND FEEDING STUFFS

  • Varo, Ana-Garrido;MariaDoloresPerezMarin;Cabrera, Augusto-Gomez;JoseEmilioGuerrero Ginel;FelixdePaz;NatividadDelgado
    • Proceedings of the Korean Society of Near Infrared Spectroscopy Conference
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    • 2001.06a
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    • pp.1153-1153
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    • 2001
  • Directive 79/373/EEC on the marketing of compound feeding stuffs, provided far a flexible declaration arrangement confined to the indication of the feed materials without stating their quantity and the possibility was retained to declare categories of feed materials instead of declaring the feed materials themselves. However, the BSE (Bovine Spongiform Encephalopathy) and the dioxin crisis have demonstrated the inadequacy of the current provisions and the need of detailed qualitative and quantitative information. On 10 January 2000 the Commission submitted to the Council a proposal for a Directive related to the marketing of compound feeding stuffs and the Council adopted a Common Position (EC N$^{\circ}$/2001) published at the Official Journal of the European Communities of 2. 2. 2001. According to the EC (EC N$^{\circ}$ 6/2001) the feeds material contained in compound feeding stufs intended for animals other than pets must be declared according to their percentage by weight, by descending order of weight and within the following brackets (I :< 30%; II :> 15 to 30%; III :> 5 to 15%; IV : 2% to 5%; V: < 2%). For practical reasons, it shall be allowed that the declarations of feed materials included in the compound feeding stuffs are provided on an ad hoc label or accompanying document. However, documents alone will not be sufficient to restore public confidence on the animal feed industry. The objective of the present work is to obtain calibration equations fur the instanteneous and simultaneous prediction of the chemical composition and the percentage of ingredients of unground compound feeding stuffs. A total of 287 samples of unground compound feeds marketed in Spain were scanned in a FOSS-NIR Systems 6500 monochromator using a rectangular cup with a quartz window (16 $\times$ 3.5 cm). Calibration equations were obtained for the prediction of moisture ($R^2$= 0.84, SECV = 0.54), crude protein ($R^2$= 0.96, SECV = 0.75), fat ($R^2$= 0.86, SECV = 0.54), crude fiber ($R^2$= 0.97, SECV = 0.63) and ashes ($R^2$= 0.86, SECV = 0.83). The sane set of spectroscopic data was used to predict the ingredient composition of the compound feeds. The preliminary results show that NIRS has an excellent ability ($r^2$$\geq$ 0, 9; RPD $\geq$ 3) for the prediction of the percentage of inclusion of alfalfa, sunflower meal, gluten meal, sugar beet pulp, palm meal, poultry meal, total meat meal (meat and bone meal and poultry meal) and whey. Other equations with a good predictive performance ($R^2$$\geq$0, 7; 2$\leq$RPD$\leq$3) were the obtained for the prediction of soya bean meal, corn, molasses, animal fat and lupin meal. The equations obtained for the prediction of other constituents (barley, bran, rice, manioc, meat and bone meal, fish meal, calcium carbonate, ammonium clorure and salt have an accuracy enough to fulfill the requirements layed down by the Common Position (EC Nº 6/2001). NIRS technology should be considered as an essential tool in food Safety Programs.

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Militarization and Weaponization of Outer Space in International Law

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.261-284
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    • 2018
  • The current international legal system does not provide a safeguard against the militarization and the weaponization of outer space. Although the term "peaceful use of outer space" in the 1967 Outer Space Treaty(OST) appears in official government statements or in multilateral space treaties, it is still without an authoritative definition in reviewing national practices. The ambiguous ban on weapons in Article IV of the OST allows countries to loophole on the deployment of other weapons other than nuclear weapons. Meanwhile "Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT)" to Conference on Disarmament (CD) commissioned by the UN General Assembly's Special Session jointly submitted by China and Russia in 2008 and later revised in 2014, attempting to define and prohibit the proliferation of weapons in outer space and provided definitions of prohibited weapons, are opposed by the US on the grounds that currently there is no arms race in outer space. Some experts support a hard law approach in which binding laws aimed at ultimately creating integrated and binding legal instruments in all aspects of the use of outer space should be adopted to regulate the military use of space. However as a temporary measure the soft law guidelines should be developed for the non liquiet, a situation where there is no applicable law. The soft law could be used to create support for the declaration of the treaties and to create international customary law. For example, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space that regulates the activities of the state in the exploration and use of the universe, and the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space will illustrated. While substantial portions of the former was codified later in the 1967 OST, the latter which, although written in somewhat mandatory terms, have been consistently complied with by states, have arguably become part of customary international law. On November 12, 1974, the General Assembly reaffirmed that the development of international law may be reflected inter alia, by declarations and resolutions of the General Assembly which may to that extent be taken into consideration by the International Court of Justice.

The Relationship Between Guunmong and Bok-gwae (<구운몽>과 『주역』 복괘의 관련 양상)

  • Shin, Jae-Hong
    • Journal of Korean Classical Literature and Education
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    • no.38
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    • pp.139-173
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    • 2018
  • In the study of Guunmong, which is one of the representative classical $17^{th}$ century novels of the Joseon Dynasty, interpretations through The Book of Change(Juyeok) have recently emerged. It is necessary to more concretely investigate the themes of the research. The writer Kim man-jung wrote the work in an exile situation. In that time he composed a poem using Chinese letters with meaning connected to The book of Change. In particular, the discourse of Bok-gwae(復卦, ䷗) concentrating on the meaning of recovery might be a basis to construct the inner world of the work. The sentence of 'Bok goes well' in The Book of Change suitably match up with the hero's life in Guunmong. In addition the sentences of 'There is no illness in going and coming. So it will be no faults if friends arriver' can be applied to the meeting between the hero and heroines of Guunmong. The general declarations of The Book of Change are appropriate for explaining the contents of Guunmong. There are six Hyos that make up Gwae. The Hyos, from the first one at the bottom to the fifth one up above, connect to the characters of Guunmong. The phrase of 'Not going far away' regarding to the first Yang Hyo can be connected to Yang So-yu, hero of Guunmong. The phrase of 'Recovering beautifully' with regard to the second Eum Hyo can also be realized in the life of Jeong Gyeong-pae and Ga Chunun, two heroines of the work. The phrase of 'Danger owing to frequently recovering' regarding the third Eum Hyo can be applied to the position of Gye Seom-weol and Jeok Gyeong-hong. The phrase of 'Going middle with recovering alone' regarding the forth Eum Hyo can be matched with Sim Yo-yeon and Baek Reung-pa. The phrase of 'No regrets during an intense recovery' with regard to the fifth Eum Hyo is applicable to Yi So-hwa and Jin Chae-bong. The phrase of 'Boding of a confused recovering' regarding the sixth Eum Hyo is related to the writer's situation. The boding of confused recovering is owing to anti-royal road. The contrast between the royal road and the anti-royal road reflects Confucianism and Buddhism, dream and reality, and Yang So-yu in a dream and Seong Jin, who is same hero, in reality. Moreover, the structure of Guunmong which is organized in the form of reality-dream-reality, has a basis in this contrast. Considering these relationships, we can say the classical novel Guunmong is a fable of Bok-gwae. The work is a hopeful narration of an effective recovery that the writer anticipated in exile.

The Role of the Soft Law for Space Debris Mitigation in International Law (국제법상 우주폐기물감축 연성법의 역할에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.469-497
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    • 2015
  • In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.