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Development of Chinese Maritime Related Laws and Status and Interpretation in Legislation System (중국 해양관련 법령의 발전과 입법체계에서의 지위 및 해석)

  • Yang, Hee-Cheol;Lee, Moon-Suk;Park, Seong-Wook;Kang, Ryang
    • Ocean and Polar Research
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    • v.30 no.4
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    • pp.427-444
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    • 2008
  • The most important bases of maritime laws in China are laws enacted by Constitution, a legislative institution of National People's Congress and Legislation of NPC Standing Committee. However, in reality, the institution, which become the basis of Chinese marine policy and leads overall maritime affairs, is a State Council of the Chinese central government and many objects of our researches on Chinese marine policy and laws are composed centering on this administration law. Therefore, in understanding Chinese maritime laws, it becomes an important prerequisite to understand relevant laws (statutes), administration law, statutes of local province, mutual authority relationships of these legislative institutions, and interpretation authority regarding laws (statutes). In May 2003, Chinese State Council ratified and declared ${\ll}$Guideline of the national maritime economic development plan${\gg}$ and this is the first macroinstructive document enacted by the Chinese government for promoting maritime economy in integration development. This plan guideline shows very well a new policy and deployment direction of maritime policy in China. China is already striving to lead its maintenance stage of domestic legislation into a new stage under the UN maritime laws agreement system and this is an expression of intention to take national policy regarding the ocean as a new milestone for the national economy through concurrent developments in various fields such as national territory, economy, science technology, national defense, and maritime biology. In this point, Chinese maritime policy and maritime legislation provide lots of indexes of lessons in many parts. In particular, regarding Korea, which has to solve many issues with China in Yellow Sea, East China Sea, and Balhae, we have to realize that we can maximize national interest only with a systematic approach to research on changes of domestic policies and maritime legislation within China. In addition, in understanding Chinese maritime related laws, we have to realize it is an important task to not only understand legislative subjects for mutual creation of order within the entire frame of law orders of China but also to predict and react to direction of policy of Chinese domestic legislation through dynamics of these subjects.

Military Use of Satellite and Control of Civil Use (인공위성에 대한 군사적 활용 및 통제방안)

  • Kang, Han-Cheol
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.159-234
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    • 2005
  • As so clearly have been demonstrated in the Gulf War and Iraq Freedom Fight, along with the civilian space exploration and development, the 'militarization' of aerospace technology and the 'battlefield-worthiness' of space are becoming more and more at issue. Korean peninsula, the last major theatre where the 4 world powers' national interests stand face to face, no doubt is in dire need for understanding and organizing necessary legislations for establishing national security from any space threats, such as satellite imaging, as well as countering against such threats. Compare to United States, Japan and China that have already declared the national security as the purpose of the space development, and equipped themselves with necessary legislations, Korea's legislations fall short of fully appreciating and effectively responding to the significance of military use of outer space and its control. This article will review legislations of leading countries' of space law and space technologies from two different perspectives. After briefly summarizing the problems of Korea's current legislations, particularly with the National Space Development Act (proposal), drafted by Ministry of Science and Technology, in mind, this article reviews and offers certain legislative directions to which Korea should pursuel for national security of outer space.

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A Study Of the Configuration requirements of the Crime of Issuance of Falsified Medical Certificates, etc. -Focusing on Supreme Court Decision 2004DO3360 Delivered on March 23, 2006 (허위진단서작성 죄의 구성요건 등에 대한 고찰 -대법원 2006.3.23. 선고 2004도3360호 판결을 중심으로-)

  • Kim, Young-Tae
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.115-150
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    • 2009
  • The Article 17 (1) of the Medical Service Act states that no one but medical doctor, dentist or herb doctor shall prepare medical certificate, post-mortem examination, certificate or prescription. Though medical certificate, post-mortem examination or certificate is a private document issued by doctor personally, it is accepted as reliable as public document. Therefore, for medical certificate, post-mortem examination or certificate, unlike other private document to guarantee authenticipy of the content, the Article 233 of the Criminal Act states the Crime of Issuance of Falsified Medical Certificates. In other words, the Criminal Act Article 233 states that If a medical or herb doctor, dentist or midwife prepares false medical certificate, post-mortem examination or certificate life or death, one shall be punished by imprisonment or imprisonment without prison labor for not more than three years, suspension of qualifications for not more than seven years, or a fine not exceeding thirtht million won. The subject of the Crime of Issuance of Falsified Medical Certificates is only a medical or herb doctor, dentist or midwife and the eligibility requirements are specified in the Medical Service Act. Medical certificate is the medical document to be issued by medical doctor to certify the health status and show the Jugdement about the result of the diagnosis, Post-mortem examination is the document to be listed by medical doctor to confirm medically about human body or dead body, and Certificate life or death is a kind of medical certificate to verify the fact of birth or death, the cause of death, such as Birth Certificate, Certificate of Stillbirth or Certificate of Dead Fetus. To constitute the crime of Issuance of Falsified Medical Certificates, it is necessary for the contents of the certificate to be substantially contrary to the truth, as well as it is needed the subjective perception that the contents of the certificate are false. The Supreme Court Decision 2004DO3360 Delivered on March 23, 2006 declared that although the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park, it was difficult to believe that the contents of the Disability Certificate of this case were contrary to the objective truth or the defendant had perception that the contents of the certificate were false. I don't agree with the Supreme Court Decision, because the Supreme Court confirmed the decision by the court below despite the Supreme Court should have made the court below retry the reason why the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park.

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The Influence Analysis of Value Engineering for the Public Empoyer's Decision Marking - Focused on the Project Life Cycle - (공공발주자 의사결정에 미치는 가치공학(VE)의 영향력 분석 - 프로젝트 생애주기를 중심으로 -)

  • Park, Jongsoon;Chun, Jaeyoul
    • Korean Journal of Construction Engineering and Management
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    • v.16 no.2
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    • pp.12-20
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    • 2015
  • The public employers are faced the mounting importance of decision process to settle the optimum VE delivery system of such public facilities buildings and etc. The elements of decision process of the public employer are formed in the various relationships of the concerned and when the projects are coming into effect, the decision process in the VE delivery method and the selection of contractor will be the name of the game. The decision process in the VE delivery method and the selection of contractor are created a case to be one and the same as well as initiates a consistency for the performance. However, the function and role of the public employer are projective accordingly to the organization of employer and the employer especially no system is equal to the capability of perfect evaluation and verification of the ability of the employer. Especially the lowest bidder policy that started with justification to increase the competitiveness and technical capability of the contractors through the completion in between contractors has been providing the hotbed for insolvency, irregularity and irrationality as a result. From this point of view it is declared that the buildup the edifice of supporting system in the process of decision to recover the mutual trust and respect of the concerned in the VE delivery system with the technostress and the systematization based on drawing the elements which affect the decision process of public employer.

The Pyeongchang 2018 Olympic Winter Games and North Korea's Denuclearization (2018 평창동계올림픽과 북한의 비핵화)

  • Lee, Hong Jong
    • Korea and Global Affairs
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    • v.2 no.1
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    • pp.93-112
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    • 2018
  • The Pyeongchang 2018 Olympic Winter Games is a good example of functionalism in integration theories. President Moon Jae-in is extremely lucky to play host to the Winter Olympics. Moon should be particularly happy to have declared the 23rd Winter Games open, because a handful of North Korean athletes marched into the Pyeongchang Stadium as members of a joint team from "Corea," the result of his strenuous efforts to have the North participate in the world festival of sports on snow and ice. But the president of this divided nation hardly draws envy from other world leaders, as he is faced with the daunting task of accommodating the selfish positions of surrounding powers concerning North Korean nuclear and missile threats. North Korea, a trivial competitor in winter sports, scored big outside the games' sporting arenas by inviting President Moon to summit talks in Pyongyang. As a precondition for a 2018 summit, Pyongyang will first ask for the cessation of the annual joint Korea-US military exercises. President Moon invested a lot in the Olympic delegates from the North. Korea's leader will now have to start a truly difficult game which will require the best of best strategies as well as a great deal of wisdom and tenacity not only to deal with the weapons of mass destruction-toting North Koreans, but also with allies. On the other hand, Moon needs to make the effort to reset domestic politics with tolerance and compromise, so he can better concentrate on the conundrum of North Korean nuclear and missile threats.

The Work of Mourning of 9/11 in U. S. A (미국의 9/11 애도 작업에 관한 고찰 : 9/11추모관 건립과 테러와의 전쟁을 중심으로)

  • OH, bonghee
    • Cross-Cultural Studies
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    • v.38
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    • pp.89-113
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    • 2015
  • This paper explores the work of mourning of 9/11 in the United States, focusing on the project of building the National September 11 Memorial managed by the Lower Manhattan Development Corporation(LMDC) and the War on Terror declared by the George W. Bush administration in the wake of 9/11. This paper first looks at the project of building the Natioanl September 11 Memorial and considers what was at stake in achieving this project. It also examines the limitations of the project. This paper argues that, in spite of the efforts to mourn the victims in significant and meaningful ways, the work of mourning in the memorial project fails at least in two respects. First, the memorial project "began so soon" right after 9/11 that the victims' families were not given enough time to mourn their loved ones. Second, the project were permeated with American nationalism and patriotism, which made the 316 non-American victims of 9/11 invisible and forgotten. Then, it goes on to examine the War on Terror because the War on Terror epitomized the failure of mourning due to these causes. In his address to the nation delivered on the very day of 9/11, President George W. Bush stated that "America was targeted for the attack because we're the brightest beacon for freedom and opportunity in the world" and that the terrorists failed to threaten America into chaos. He also stated that America is in "the war against terrorism." These statements were a futile reassertion of the illusion of American invulnerability and a prohibition of mourning in favor of violent military responses to 9/11. American nationalism also underlies Bush's official naming of September 11 as "Patriot Day." The victims were sacrificed because they were at the site when terrorists attacked, which implies that their death had nothing to do with American patriotism. Naming September 11 as Patriot Day was an act of imbuing the absurdity of the victims' death with a false meaning and an act of forgetting the non-American victims. The failure of the work of mourning of 9/11 consisted in the inability to recognize human vulnerability and interdependence and the inability to mourn not only American victims but also non-American victims killed in 9/11 and the War on Terror. A meaningful and significant mourning could be possible when we realizes that all human beings are exposed to one another and their lives are interdependent on one another. September Eleventh Families for Peaceful Tomorrows well demonstrated this kind of mourning. When most Americans supported violent retaliations, Peaceful Tomorrows made pleas for nonviolent responses to 9/11. Turning their grief into action for peace, its members work "to create a safer and more peaceful world for everyone," not only for Americans. Their effort to mourn in meaningful and nonviolent ways delivers the message that a disaster like 9/11 should not happen anywhere.

A modeling study of the process of change to a totalitarian state : The Last Man and Venezuela (전체주의 국가로의 변화과정에 대한 모형화 연구 : 최후의 인간과 베네수엘라)

  • Yoon, Hyeongho
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.12
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    • pp.709-718
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    • 2020
  • Even after Fukuyama declared "The End of History" in 1989, the challenge to liberal democracy continues. Controversy about totalitarianism is constantly being raised both internally and externally in democratic countries and leaders, as well as the US-China war of supremacy. In this paper, I explored a hypothesis about the totalitarian process, and to explain this hypothesis, I analyzed the case of Venezuela, which was once referred to as a welfare model state. This paper presupposes Fukuyama's insistence on the universality of liberal democracy but considers the last man Nietzsche argues for the last man he assumes. Accordingly, the process of totalitarianism was viewed as a process in which totalitarianism was institutionalized and spread internationally through the linkage and interaction of the last fallen humans, the masses, and totalitarians in the international and domestic environments. According to this hypothesis, the Bol?var Revolution and Chavez show the process of transformation into a typical quasi-totalism. Although the Venezuelan people preferred democracy, they remained the last man who had become a man of "rich consciousness." While investigating this hypothesis, it was confirmed that extensive and interdisciplinary studies such as digital t otalitarianism and the development of science and technology should be followed.

A Study on the Internationally Accepted Terminology of Traditional Landscape Architecture - Based on Big Data Analysis on International Documents and Research Papers of Gardens, Parks and Landscape - (전통조경 관련 국제통용 용어 고찰 - 정원·공원·도시경관에 관한 국제 문서와 연구 빅데이터 분석을 바탕으로 -)

  • Seo, Ja-Yoo;Jung, Hae-Joon
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.39 no.4
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    • pp.1-9
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    • 2021
  • The purpose of this study was to determine the definition of traditional landscape and the appropriate English notation. To confirm the appropriate concept, the charter's relevant terminology was synthesised and the meaning of the vocabulary used in international studies was examined. ICOMOS The Charter on Historic Gardens(The Florebce Charter, 1981), ICOMOS-IFLA Document on Historic Urban Parks(New Delhi, 2017), and UNESCO Recommendation on The Historic Urban Landscape(Paris, 2011) were analysed to examine the concept, and the words describing definitions, space, objects, value, and activity were arranged. Big data was used to analyse the research literature related to overseas traditional landscapes. This study examined the characteristics of each word and examined the appropriate name for expressing the historic and cultural characteristics of landscape in research literature, which included traditional, historic, cultural, classical, vernacular, landscape-related gardens, parks, and landscape words related to historic culture. Consequently, the International Charter declared the suitability of 'historic' gardens and parks, as well as traditional landscape for expressing unique designs, composition technique, and ecological meaning of Korea, while historic landscape was deemed suitable for explaining gardens and parks in landscape history.

Extending the Scope of License Restrictions for Medical Personnel and Limiting Fundamental Rights - Focusing on the Revision of the Medical Law - (의료인의 면허제한 범위 확대와 기본권 제한 -의료법 개정안을 중심으로-)

  • Kwon, Ohtak
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.3-30
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    • 2021
  • Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

AJ Rent a Car's Customer Satisfaction Management through Service Innovation (AJ렌터카의 서비스 혁신을 통한 고객 만족 경영)

  • Kim, Sang Yong;Lee, Doo Hee;Suh, Koo-Won;Yoo, Weon Sang
    • Asia Marketing Journal
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    • v.13 no.4
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    • pp.213-226
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    • 2012
  • As the Korean rental car industry turned into a mature stage, the competition level has become stronger than ever. In 2006, AJ Rent a Car declared customer satisfaction management as its vision to make a breakthrough. Through various service innovation efforts, AJ has been successfully offering meaningful and differentiated values to the customers. As results, the complaints rate has decreased, while service quality index has significantly increased. These service quality indicators have led to improved customer satisfaction level which was measured by re-purchase intention and customer satisfaction index, and AJ outran its major competitors in these dimensions of competition. The first key success factor of AJ is its effective service system. AJ manages the VOC, ERP, and CRM system in a well organized manner. AJ's another key success factor is a effective service process, which helps the organization share and respond to customer complaints in an efficient way. Finally, the management communicates the clear vision and strategic direction not only with the customers but also with the entire organization. With these three factors combined, AJ has created the service oriented corporate culture. Based on the culture. AJ has been able to develop a strong and sustainable competitive advantage in customer satisfaction management.

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