• The Korean Journal of Archival Studies
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• no.79
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• pp.121-168
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• 2024

Record & archives management is at the heart of archival science. We must be faithful to record & archives management. However, isn't there a paradox that arises the more faithful we are to record & archives management? The paradox is that 'being a responsible manager and efficiently managing records' is rather reduces the interest in the social existence of humans who create and use such records. Why do humans produce and use records? It may be because human beings have been living with the concept of records. The concept is 'the same as the design of thoughts'. There is no need to doubt this direction because as record & archives management develops, more valuable records are preserved more systematically, and they are been served with wider scope and appropriateness. However, if we observe this situation from a human point of view rather than record & archives management, we find that humans appearing in record & archives management are limited to the object of using records. If humans are perceived differently based on the hypothesis of reviewing from the ground up, we can encounter a unique context about the relationship between humans and records or between records and humans. If it reaches the norm that human beings have dignity that cannot be transferred to anyone, have the right to pursue happiness, and must live by enjoying freedom, equality, and social basic rights, in short, if human beings are recognized from a constitutional point of view, we can newly recognize the social role and direction of records. The constitution and international human rights norms document basic human rights as the final norm and clarify that it is the duty of the state to guarantee and practice them. The social role of records from a constitutional point of view is the practice of records that proliferate basic human rights. The practice of archiving, which multiplies basic human rights, may also be a civic consciousness required of experts, but on the other hand, it can be a professional way for archival studies. If record management is a two-lane round trip, it can be said that the interaction between record management and record practice, which multiplies basic human rights, is a pioneering four-lane round trip. This article examines the practice of archiving, which has been developed in and out of record & archives management, by clearly grasping the constitutional perspective from the perspective of archival studies, and examines the social role of archival studies in this context. The social role of archival studies is to provide new linguistic rules for archiving.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.3-32
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• 2007

This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

• Journal of Distribution Science
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• v.11 no.6
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• pp.31-40
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• 2013

Purpose - The Northeast Asian Logistic Hub strategy was established to create a national competitive advantage in northeast Asia. Countries in this region are competing fiercely to become the central base distribution port as the volume of container shipping continues to increase due to the northeast Asian (especially Chinese) economic growth. The primary method by which shippers are improving their customer service and distribution is enhancing profits by minimizing call ports on the key route through strategic affiliations and the use of large vessels. Each nation is planning large-scale investments in the construction of sea ports that can accommodate large vessels. This paper proposes ways by which the logistical strategies of domestic corporations can keep pace with changes in government policy concerning the Northeast Asian Business Hub policy. It examines the logistics system in the Northeast Asian region, analyzes the government's Northeast Asian Business Hub policy, and suggests logistical strategies for domestic corporations through an analysis based on a questionnaire designed to grasp domestic firms' needs and goals. Research design, data and methodology - The purpose of this study is to determine how shipping companies establish partnerships with third-party logistics providers and draws out the implications of the results. The survey methods used were personal interviews and questionnaires distributed to a sample population through e-mail, fax, mail, and telephone. A total of 600 questionnaires were distributed, of which 165 were returned. Among these, ten were excluded due to insufficient content; ultimately, 155 were used for the sample. The statistical data collection process was analyzed through data coating and a statistical package program. Results - This study argues that greater flexibility in policies, administration, and systems will be needed to significantly improve established business practices. In this dissertation, we primarily identify that in order to become a center of northeast Asian logistics, Korea must adopt a new paradigm and abandon the existing systems that are based on the economic and social systems that have stemmed from bureaucracy, inflexibility, chauvinism, and equalitarianism. Flexible policies, administration, and systems will be necessary to improve business practices. Domestic corporations must establish a strategic logistics hub and related network while simultaneously pursuing value-added logistics businesses by increasing their manpower and building a logistics information system. This will strengthen their competitive edge and lead to system improvements. Conclusions - Domestic corporations must adopt a new paradigm and use more reasonable business laws, systems, and policies that are based on market-driven flexibility and transparency. Moreover, social norms and regulations should be established to help ensure political and social security. Korea must also develop a culture of tolerance for foreign companies. Finally, the paradigm defining the policy governing the development of the capital city and its satellite cities in this context must be changed.

• Lingua Humanitatis
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• v.6
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• pp.321-357
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• 2004

In this article the structure of modern Russian humor is analyzed on the basis of some theories: bi-sociation theory (Koestler 1964), semantic script theory of verbal humor, using the concept of semantic presupposition, pragmatic felicity condition (Searle 1969; Levinson 1983) and grammatical rules (Chomsky 1965). Up to now the listed former theories were not examined and less analyzed by the semantic structure in the study of the structure of Russian humor(HcaeBa 1969; 3 $a_{OPHOB}$ 1991; 1992). Kreps (1981), who analyzed the works of Zoschenko, presented 21 types of humor, using the term 'humoreme'(Kpenc 1981, 36-37). These types are the list of the available means of humor that work not in the base of semantic criteria, but in the base of means of literary rhetoric. Kreps presented types of humor means, such as contradiction, antonymic substitution, macaronic speech and correlation of humoremes in the various types of humor. Apart from Kreps, Manakov (MaHaKOB 1986, 61-79) also studied these problems. He also set the system of the basic types of humor. Manakov introduced the linguistic means of humor of some Russian writers: Gogol, Tchechov. The means that Manakov showed with detailed examples, are trope, epithet, comic comparison, comic metaphor, comic periphrasis, euphemism, pun, zeugma, comic toponym, comic onomatopoeia, mania of foreign vocabulary, folk etymology, dialect etc. But these studies don't explain why these means make the works humorous. An, B.p tried to answer this question (안병팔 1997 a; b). An B.p. explains contexts of humor through the Release theory, the Superiority theory and the Incongruity theory. An, B.p. explained the process of deviation from the grammatical norms through morpho-syntactic and lexical means. But in these studies the humor was not analyzed by the semantic criteria. In order to linguistically evaluate various means of humor formation, it is necessary to elicit its deep structure, which makes it possible to research the formation and interpretation of humor. For this purpose this article, being based on the Incongruity theory, defined the structure of humor as negation of presupposition. Of course the former traditional studies also well shared the concept of 'contradiction' and 'contrast' of humor structure, but they didn't explain the structure by semantic differential features. This study, analyzing the works of' Zadornov, M., tried to note that through the negation of semantic presupposition the structure of contradiction is formed with semantic differential features on the semantic, syntactic or lexical dimensions.

• The Journal of the Korea Contents Association
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• v.14 no.9
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• pp.236-246
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• 2014

Most countries have been promoted the legislative policy for the legal employment, causing a social conflicts by illegal immigrants in any countries. Despite the efforts to alleviate the illegal aliens, there are not nearly enough successful cases, and encounter a social problem about illegal stay worker. China is no exception. At present, the issue of China's foreign illegal employment is expected to be a social problem in the present and the future. However, the legislative policy against immigration control law and illegal foreign employment in China is very neglectful. There is a lack of adjusting rule of law on illegal foreign workers in China, and the remedy is also insufficient. It is necessary to secure a legal right for the protection of the Rights of illegal foreign workers based on the international norms. For this purpose, the illegal foreign workers related law should be enacted, and based on this, administration should be strengthened. The trend of major countries of illegal aliens is centered around an employer hiring strictly regulated. There is a need to have a strengthen regulation on the employer rather than the foreign workers in China. To this end, employer who hire illegal foreign workers should be required to receive considerable disadvantages such as penalties and fines, prison sentences, as well as various kinds of burdens and repatriation costs. It is necessary to run the voluntary repatriation(Freiwillige $R\ddot{u}ckehr$) program of illegal immigrants, and there is a need to take action for illegal immigrants who voluntary return home within a certain period are exempt from penalty. In conclusion, China must push ahead with a direction of positive policy in related ministries rather than sit on its hands on the wrong choice or a confusion of an employer and foreign workers with a policy on illegal foreign residents in limbo.

• Strategy21
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• s.44
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• pp.5-27
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• 2018

The purpose of this paper is to look at USN's efforts to rebuild its combat power in the face of a reemergence of great powers competition, and to propose some recommendations for the ROKN. In addition to the plan to augment its fleet towards a 355-ships capacity, the USN is pursuing to improve exponentially combat lethality(quality) of its existing fleet by means of innovative science and technology. In other words, the USN is putting its utmost efforts to improve readiness of current forces, to modernize maintenance facilities such as naval shipyards, and simultaneously to invest in innovative weapons system R&D for the future. After all, the USN seems to pursue innovations in advanced military Science & Technology as the best way to ensure continued supremacy in the coming strategic competition between great powers. However, it is to be seen whether the USN can smoothly continue these efforts to rebuild combat strength vis-a-vis its new competition peers, namely China and Russian navy, due to the stringent fiscal constraints, originating, among others, from the 2011 Budget Control Act effective yet. Then, it seems to be China's unilateral and assertive behaviors to expand its maritime jurisdiction in the South China Sea that drives the USN's rebuild-up efforts of the future. Now, some changes began to be perceived in the basic framework of the hitherto regional maritime security, in the name of declining sea control of the USN as well as withering maritime order based on international law and norms. However, the ROK-US alliance system is the most excellent security mechanism upon which the ROK, as a trading power, depends for its survival and prosperity. In addition, as denuclearization of North Korea seems to take significant time and efforts to accomplish in the years to come, nuclear umbrella and extended deterrence by the US is still noting but indispensible for the security of the ROK. In this connection, the naval cooperation between ROKN and USN should be seen and strengthened as the most important deterrents to North Korean nuclear and missile threats, as well as to potential maritime provocation by neighboring countries. Based on these observations, this paper argues that the ROK Navy should try to expand its own deterrent capability by pursuing selective technological innovation in order to prevent this country's destiny from being dictated by other powers. In doing so, however, it may be too risky for the ROK to pursue the emerging, disruptive innovative technologies such as rail gun, hypersonic weapon... etc., due to enormous budget, time, and very thin chance of success. This paper recommends, therefore, to carefully select and extensively invest on the most cost-effective technological innovations, suitable in the operational environments of the ROK. In particular, this paper stresses the following six areas as most potential naval innovations for the ROK Navy: long range precision strike; air and missile defense at sea; ASW with various unmanned maritime system (UMS) such as USV, UUV based on advanced hydraulic acoustic sensor (Sonar) technology; network; digitalization for the use of AI and big data; and nuclear-powered attack submarines as a strategic deterrent.

• Journal of the Daesoon Academy of Sciences
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• v.34
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• pp.203-238
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• 2020

This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.

• Iberoamérica
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• v.22 no.1
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• pp.31-72
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• 2020

This study examines the concepts and policy factors regarding gender-mainstreaming strategies and urban areas that have been discussed in the fields of international norms and development cooperation from the perspective of the Mexican government. It analyzes how gender-mainstreaming strategy is integrated and realized through Mexican law and key programs carried out by Mexico City. Through a literature review, this study builds upon previous research and theoretical discussions. In fact, Mexican federal government is considered to have successfully achieved "gender institutionalization." Within the framework of the law and institutions, the programs promoted by Mexico City aim to realize women's rights and meet their needs in the metropolis, while emphasizing a wider participation by citizens to realize these urban rights. In particular, the government of Mexico City is expanding on policies and programs that focus on strengthening the financial autonomy of women by understanding women's vulnerabilities as inequalities arising in the areas of the economy, space, and time.

• Strategy21
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• s.34
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• pp.128-148
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• 2014

In south Korea, the so-called 'conservative-liberal' rivalry over the assessment of the government's North Korean policies is seen to be impeding the road to right policy choices. For example, the liberals accused former President Lee Myung-bak's hardline policy of provoking Pyongyang and leading to a deterioration of inter-Korean relations, while the conservatives appreciated it for helping nurture mutually beneficial inter-Korean relations in the longer term by compelling North Korea to observe international norms. However, such debate over the vices and virtues of Seoul's North Korea policies is hardly meaningful as the measuring sticks used by the liberals and the conservatives are entirely different matters. The two major goals South Korea must pursue with its North Korean policies should be 'peaceful management of division' and 'change in North Korea'. The former is related to maintaining stability within South Korea and promoting co-prosperity with North Korea. For this, the nation needs to engage, encompass and assist the Pyongyang regime. The second goal is also necessary since South Korea, as a divided nation, must seek a unified Korea under the system of democracy and market economies by bringing change in North Korea. For this, South Korea needs powerful leverages with which it can persuade and coerce the North. This means that the nation is destined to simultaneously chase the above-mentioned two goals, while also both recognizing and negating the legitimacy of the North Korean regime. This situation necessitates Seoul to apply flexibility in reconciling with Pyongyang while applying firm principles to sever the vicious circle involving the North's military provocations. The May 25 Measures, which banned trade and economic cooperation with the North except those related to humanitarian assistance, were taken as sanctions against Pyongyang for sinking the South Korean corvette Chonan in March 2010. The Measures were taken by the Seoul government immediately after a multinational investigation team discovered evidence confirming that the South Korean naval ship had been torpedoed by a midget North Korean submarine. Naturally, the May 24 Measures have since then become a major stumbling block in inter-Korean exchange, prompting opposition politicians and concerned entrepreneurs to demand Seoul to unilaterally lift the Measures. Given the significant damages the Measures have inflicted on inter-Korean economic relations, removing them remains as homework for both Koreas. However, the Measures pertains to the 'principles on national security' the Seoul government must adhere to under all circumstances. This is why North Korea's apology and promises not to repeat similar provocations must come first. For now, South Korea has no alternative but to let North Korea solve the problems it has created. South Korea's role is to help the North do so.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted 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) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.