• 제목/요약/키워드: law of war

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중립법상 전시금제품 제도의 변천과 한반도에서의 함의 (Changes in the Law Regulating Contraband of war under the Law of Neutrality and Implications for the Korean Peninsula)

  • 박지홍
    • 해양안보
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    • 제8권1호
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    • pp.41-71
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    • 2024
  • 국제적 무력충돌 상황에서 교전국의 교전권과 중립국의 무역 활동을 통한 경제적 이익의 이해 균형을 맞추고자 발달한 중립법상 '전시금제품 제도'는 19세기 해상무역의 발달에 따라 제도의 변천과 발전이 이루어지기 시작했다. 특히, 제1, 2차 세계대전을 거치면서 물자 통제의 범위가 확대되어 오늘날까지 지속되고 있으며, 군사용과 민간용으로 모두 사용될 수 있는 '조건부 금제품'의 군사적 사용을 막기 위한 추세로 발전했다. 이 과정에서 전시금제품 제도는 개념적으로 평시까지 확대되어, 국제기구를 중심으로 하는 '국제 수출통제 체제'가 형성되기도 하였다. 오늘날에도 여전히 전시금제품 제도는 유효하다. 하지만, 우리나라에는 한반도 유사시를 대비한 전시금제품 제도 관련 법령이나 지침은 부재한 실정으로 보인다. 전시금제품 목록 작성과 대외적 공표가 국제적 실행임을 고려하면, 우리나라도 이를 대비할 필요가 있다. 이에 본 논문에서는 중립법상 전시금제품 제도의 역사적 연원과 발전을 확인하고, 전시금제품 통제에 대한 국가실행을 시대 흐름에 따라 살펴 보고자 한다. 이를 통해 전시금제품 제도의 변천과 국가실행 변화가 한반도에 주는 함의를 도출하고자 한다.

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Political - Legal Reflections on the Two Epochal "Antique" Documents on "Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • 항공우주정책ㆍ법학회지
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    • 제23권1호
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    • pp.169-188
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    • 2008
  • Analyzing on an object in the sphere of domestic law with the method of international law has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU. The historical process of the transfiguration and the mere shell is as followed, i.e., "from the ultra-nationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e., "THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

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Political - Legal Reflections on the Two Epochal "Antique" Documents on" Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • 한국항공우주법학회:학술대회논문집
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    • 한국항공우주법학회 2008년도 제40회 국제학술발표대회
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    • pp.219-231
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    • 2008
  • " Analyzing on an object in the sphere of domestic law with the method of international law" has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU The historical process of the transfiguration and the mere shell is as followed .i.e.," from the ultranationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e.," THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

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군사사상의 학문적 고찰 (A Scientific Consideration of Military Thought)

  • 진석용
    • 안보군사학연구
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    • 통권7호
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    • pp.1-24
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    • 2009
  • This article deals with military thought in general. First I tried to distinguish 'thought' from 'theory', 'philosophy', and 'principle'. Thought means the act of thinking about or considering something, an idea or opinion, or a set of ideas about a particular subject, e.g. military affairs in the present discussion. Theory means a formal statement of the rules on which a subject of study is based or of ideas which are suggested to explain a fact or event or, more generally, an opinion or explanation. Philosophy means the use of reason in understanding such things as the nature of reality and existence, the use and limits of knowledge. Principle means a basic idea or rule that explains or controls how something happens or works. Chapter 3 summarized the characteristics of military thoughts into five points', (i) it is closely related with concrete experiences of a nation; (ii) it includes philosophical and logical arguments; (iii) it relies heavily on the political thought of a nation; (iv) it includes necessarily value-judgments; (v) it contains visions of a nation which are not only descriptions or explanations of military affairs, but also evaluations and advocacies. Chapter 4 considers the relation of international political thoughts to military thought. Throughout the history of the modem states system there have been three competing traditions of thought: the Hobbesian or realist tradition, which views international politics as a state of war; the Kantian or universalist tradition, which sees at work in international politics a potential community of mankind; and the Grotian or internationalist tradition, which views international politics as taking place within an international society. Chapter 5 considers the law of war, which is a body of law concerning acceptable justifications to engage in war (jus ad bellum) and the limits to acceptable wartime conduct (jus in bello). Among other issues, modem laws of war address declarations of war, acceptance of surrender and the treatment of prisoners of war, military necessity along with distinction and proportionality, and the prohibition of certain weapons that may cause unnecessary suffering.

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A Study on the Substantial impact of US high rate tariff policy on the Korean companies -Based on analysis of Article 301 of the US Trade Law -

  • Nam, Seon Mo
    • International Journal of Advanced Culture Technology
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    • 제7권4호
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    • pp.63-68
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    • 2019
  • Recently, the United States and China have declared a 25% retaliatory tariff for the partner country products of 50 billion dollar scale. "Trade war" is getting full swing. Such conflicts between economic powers may spread to Japan like the domino phenomenon following the EU (European Union) and become bigger in the global trade war. As a result, Korea has an economic system with a high degree of external dependence, and there is an expert's analysis that it will become the largest victim of the global trade war. If the WTO Dispute Settlement Authority approves this US 301 retaliation measure in the same way as the past case (US-EU hormone-treated beef imports), the United States will not import any Chinese imported products Chinese products) can be imposed. If the US launches a special 301 or super 301, which is stronger than the regular 301, then China is very likely to enforce US retaliation against it, and the trade war between the two countries could become a reality. This phenomenon is likely to have a negative impact on Korean companies. In particular, Korea, which is highly reliant on intermediate goods exports to China, is expected to suffer a great deal of damage. Therefore, Korea needs flexible response at home and abroad, it is necessary to enhance the autonomy of companies and protect export industries. Adjusting corporate tax rate as well as domestic industry height will be one way. The long-term (21 months) trade war between the United States and China has resulted in economic uncertainty. The resulting damage must be compensated. It is necessary to prepare the compensation through the economic council between countries. In the future, the punitive damage compensation system should be introduced.

A Raid-Type War-Game Model Based on a Discrete Multi-Weapon Lanchester's Law

  • Baik, Seung-Won
    • Management Science and Financial Engineering
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    • 제19권2호
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    • pp.31-36
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    • 2013
  • We propose a war-game model that is appropriate for a raid-type warfare in which, a priori, the maneuver of the attacker is relatively certain. The model is based on a multi-weapon extention of the Lanchester's law. Instead of a continuous time dynamic game with the differential equations from the Lanchester's law, however, we adopt a multi-period model relying on a time-discretization of the Lanchester's law. Despite the obvious limitation that two players make a move only on the discrete time epochs, the pragmatic model has a manifold justification. The existence of an equilibrium is readily established by its equivalence to a finite zero-sum game, the existence of whose equilibrium is, in turn, well-known to be no other than the LP-duality. It implies then that the war-game model dictates optimal strategies for both players under the assumption that any strategy choice of each player will be responded by a best strategy of her opponent. The model, therefore, provides a sound ground for finding an efficient reinforcement of a defense system that guarantees peaceful equilibria.

이승만 대통령의 전쟁지도 (President Syngman Rhee and the Conduct of the Korean War)

  • 김행복
    • 안보군사학연구
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    • 통권1호
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    • pp.35-70
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    • 2003
  • President Lee, Syngman was ROK supreme commander at the Korean war. But, it is doubt that he executed his authority and responsibility by the ROK constitution and law. At the phase of the Korean War conduct, his role may be divided into 'military operation execution one' and 'political-diplomacy one'. He appointed unqualified person to the important position of the national defence, didn't make war execution system, and was not make to meet the war. And, after transferring the ROK force operation commanding authority to the Commander in Chief, UN Command, his role was extremely trivial at the military operation execution phase. Any way, he intended to recover the inferior national strength and military capacity with USA aid, and concentrated his effort toward diplomacy with USA. At last, he succeeded in making a mutual defence treaty and gained a big result to harden Korea national security after war. In sum, president Lee was shrewd politician and diplomat than military leader. And, it can be evaluated that he supplemented the lost part of military affairs side with diplomat one.

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전.평시 항공분야 임무전환에 따른 법적관계 고찰 - 전.평시 미국 연방항공청의 역할을 중심으로 (Legal Review on Conversion of Aviation Task during War/Peacetime)

  • 홍상범;정욱
    • 항공우주정책ㆍ법학회지
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    • 제19권2호
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    • pp.179-197
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    • 2004
  • 이라크 전에서도 알 수 있듯이, 현대전에서 항공력은 신속성과 정확성이라는 특성으로 매우 큰 파괴력을 지니고 군사작전의 필수요소이다. 그러므로 향상된 공군 전력은 평시에 전쟁을 억지하는 핵심 전력이 된다. 또한 항공산업은 국가의 중추 미래산업으로서 그 중요성이 날로 증대하고 있다. 따라서 제한된 항공 자원을 국가 이익에 최대한으로 부합시키기 위해서 민간항공 정책 부서인 건교부와 국가 안보를 책임지는 국방부와의 유기적이고 상시적인 협력체계가 필요하다. 이는 평시에 국가 방위를 저해하지 않는 범위 내에서 민간항공 산업을 증진시킬 수 있는 방안을 모색 할 수 있고, 또한 유사시에 국가 항공 자원이 효과적으로 국가 방위 임무에 부합하도록 전활 될 수 있는 체계를 구축할 수 있다. 분단된 좁은 국토에서 북한과 대치하고 있는 우리로서 항공산업의 진흥을 통한 국가 경쟁력 강화와 군 작전의 효율성 보장 및 전력 강화라는 두가지 과제를 갈등과 상충이 아닌 조화와 태협을 통해 성취할 수 있는방안을 모색해야 한다.

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지뢰폭압 방호용 V형 구조물의 거동에 대한 상사법칙 연구 (A Study of Scaling Law for the Response of V-shape Structure Protecting Landmine)

  • 김동규
    • 한국소음진동공학회논문집
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    • 제25권5호
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    • pp.337-344
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    • 2015
  • As many of armored vehicles are seriously exposed to threat of IEDs(Improvised Explosive Devices) in the Afghanistan war and the Iraq war. V-shaped military vehicles are deeply studied in order to protect crews and mounted soldiers against land mines. Generally the experiment on full-scaled V-shaped structure needs excessively high cost, which becomes a huge barrier to study. In this paper, we explore the possibility to make a half-scaled model of the V-shaped structure by using the geometric similarity scaling. We demonstrate the geometric similarity scaling between the original model and the half-scaled model is established on the momentum and deflections of structure via computer simulations and experiments. At this stage, we conduct only numerical analysis of predicting vibration of V-shaped structure because measuring vibration of structure is difficult in the mass-explosion experiment, which is remained as future work.

다중 란체스터 모형에 대한 실용적 해법 (A Pragmatic Method on Multi-Weapon Lanchester's Law)

  • 백승원;홍성필
    • 한국경영과학회지
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    • 제38권4호
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    • pp.1-9
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    • 2013
  • We propose a heuristic algorithm for war-game model that is appropriate for warfare in which the maneuver of the attacker is relatively certain. Our model is based on a multi-weapon extention of the Lanchester's square law. However, instead of dealing with the differential equations, we use a multi-period linear approximation which not only facilitates a solution method but also reflects discrete natures of warfare. Then our game model turns out to be a continuous game known to have an ${\varepsilon}$-Nash equilibrium for all ${\varepsilon}{\geq}0$. Therefore, our model approximates an optimal warfare strategies for both players as well as an efficient reinforcement of area defense system that guarantees a peaceful equilibrium. Finally, we report the performance of a practical best-response type heuristic for finding an ${\varepsilon}$-Nash equilibrium for a real-scale problem.