• Title/Summary/Keyword: law of war

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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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Research on legal improvement measurements on drone use

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.3
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    • pp.147-153
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    • 2017
  • The main subject of year 2016 Davos forum was "The 4th Industrial Revolution." Recently, interests and investment in drone market, so called industrial revolution in the sky is growing in many countries around the world. Before, drone was used for military purpose such as reconnaissance or attacking but today, it is used in various private sectors such as unmanned delivery service, agriculture, leisure activities, etc. Presently, many major countries in the world are already involved in the 'war without gunfire' to be dominant in this drone industry. Korean government also has announced an extreme relaxation of regulations for growing drone industry by opening a conference with Ministers related to economics. During the conference, business scope of drone which was limited to agriculture, photographing, and observation was expanded to all the fields except for cases hindering national safety and security. In terms of shooting purpose drone its process of receiving approval for flight and shooting is simplified to online registration. What is more, drone delivery service will be allowed in island areas such as Goheung, Yeongwol, etc from first term of year 2017. Finding the way to apply drone in criminal investigation is also speeding up. Recently, Public Safety Policy Research Center in Korean National Police University has inquired for research service and its result will be out around November. Likewise, although more and stronger foundation for supporting drone industry is made but there are still, some opinions saying that we should take a careful approach in consideration to the side effect such as abuse in crime. One may also try terror by placing a dangerous substance. If drone falls, it may hurt any civilians. Moreover, if shopping purpose drone is hacked, it may result in violation of privacy. Compared to America, Europe, and China, we are at the very beginning stage of drone industry and it is necessary to reorganize legal issues to grow this industry. This can be thought from two perspectives; first, the growth of drone industry is blocked by difficult regulations on Aviation Law and Radio Regulation Law. The second issue is the safety and privacy that are required for operating drone. For the advanced technologies to make human life more profitable, more active and proactive actions are required by criminal law side. In preparation to the second mechanical era where man and machines should go together, I hope that responsible preparation is required in all fields including the criminal law.

Definition of Child and Youth Welfare and Proposals for the Reform of Legal System (아동·청소년 복지의 개념과 법체계의 개선방안)

  • Cho, Sung-Hae
    • Journal of Legislation Research
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    • no.41
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    • pp.43-85
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    • 2011
  • Child and youth welfare law in Korea is vague and complex. In a narrow sense it means the research on the provisions of the Child Welfare Act. In a broad sense it embraces all of the social welfare system regarding to the protection for children and youth. Regardless of the scope of child and youth welfare law it should be cleared what the term of child and youth means in Korean legal regulation. Historically, child protection in Korea was based on the good intentions of individuals to protect war orphan children from poverty or danger after the end of the Korean War. It is the story of the evolving status of children from being viewed as dependant of the parents to becoming rights-based citizens, even not in Constitution. In Korea neither parents nor children have constitutionally recognized right. According to Korean Constitution the parents have only the obligation to educate their children. And the state ist obliged to improve the welfare of the youth(section 34). In compliance with this article there are lots of statutes regulating youth welfare. This article reviews the legal definition of child and youth to test the uncertain definition of child and youth welfare in relation to the treatment of children's and youth's legal status in Korea. According to the Child Welfare Act child is the person under age of 18, while the legal definition of youth oscillates between the person under the age of 19 and the person over the age 9 to the age of 23. As a result child welfare is often used as the synonym of youth welfare, and vice versa. The lack of the arrangement of the legal definition of child and youth is based on the historical reasons that the legal definitions of youth (under the age of 19 or over the age 9 to the age of 23) newly appeared in the statutes regulating youth welfare, whereas the Child Welfare Act still maintained the definition of child under the age of 18. In order to get rid of the confusion of the definition of the child and youth, a part of certain statues should combine with another Act according to the purpose of the individual amended statutes. And the definition of child and youth should be subdivided into 3 or 4 classes, namely infant(0-6), child(7-13), youth(14-18) and young adult(19-26). Furthermore this article proposes a reform of the existing legal system pursuant to the nature of the law, i.g. whether the issued or amended Act takes on a selective(residual) or universal character.

Application of Digital Content Technology for Veterans Diplomacy (디지털 콘텐츠 기술을 활용한 보훈외교의 발전 방향)

  • So, Byungsoo;Park, Hyungi
    • Public Diplomacy: Theory and Practice
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    • v.3 no.2
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    • pp.35-52
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    • 2023
  • Korea has developed as an influential country over Asia and all over the world based on remarkable economic development. And the background of this development was possible due to the existence of those who sacrificed precious lives and contributed to the nation's existence in the past crisis. Every year, Korea holds an annual commemorative event with people of national merit, Korean War veterans, and their families, expressing gratitude for sacrifices and contributions at home and abroad, and providing economic support. The tragedy of the Korean War and the pro-democracy movement in Korea over the past half century will one day become a history of the distant past over time. As generations change and the purpose and method of exchange by region change, the tragic situation that occurred earlier and the way people sacrificed for the country are expected to be different from before. In particular, it is true that the number of Korean War veterans and their families is gradually decreasing as they are now old. In addition, due to the outbreak of global infectious diseases such as COVID-19, it is difficult to plan and conduct face to face events as well as before. Currently, Korea's digital technology is introducing various methods. 5G communication networks, smart-phones, tablet PCs, and smart devices that can experience virtual reality are already used in our real lives. Business meetings are held in a metaverse environment, and concerts by famous singers are held in an online environment. Artificial intelligence technology has also been introduced in the field of human resource recruitment and customer response services, improving the work efficiency of companies. And it seems that this technology can be used in the field of veterans. In particular, there is a metaverse technology that can vividly show the situation during the Korean War, and a way to digitalize the voices and facial expressions of currently surviving veterans to convey their memories and lessons to future generations in the long run. If this digital technology method is realized on an online platform to hold a veterans' celebration event, veterans and their families on the other side of the world will be able to participate in the event more conveniently.

Forest Law and Forest Resources in Five Northeast Asian Countries - R.O.K., D.P.R.K., Japan, China and Taiwan - (동북(東北)아시아 5개국(個國)(한국(韓國), 북한(北韓), 일본(日本), 중국(中國), 대만(臺灣))의 산림법(山林法)과 산림자원(山林資源))

  • Yoo, Byoung Il
    • Journal of Korean Society of Forest Science
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    • v.84 no.1
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    • pp.10-21
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    • 1995
  • This study was conducted to compare the changes in the forest resources and the process of establishment and characteristics of the Forest Law in five Northeast Asian Countries, who share the Chinese culture as a common background. The effect of Forest Law on forest resources of each countries is also compared. This study shows that the forest management scheme and the modernistic forest law in the five Northeast Countries were influenced by Japan around the early 20th century. The Forest Laws of the five countries were reestablished after the end of World War II, and now the five countries have their own Forest Law. At present, the five countries are depending on the import of foreign timber for timber supply because of the shortage of domestic timber resources. The Forest Laws of the five countries have a lot of similarities reflecting same cultural background, whereas there are differences originated from social and economic discrepancies. Currently R.O.K. is worst in forest resources compared to the other countries. The Forest Law of R.O.K. has too many articles, which has little direct relationship with forest resources management. Therefore it is recommended to consolidate the law system in the field of forest and forestry in R.O.K. including the amendment of Forest Law directing to sustainable forest and maintaining the efficiency of forest resources management.

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A Proposal to Change Welfare Policy Principles for Agent Orange Exposed Korean Veterans (고엽제 피해자에 대한 국가 보상 현황 및 보훈 정책 원리 수정 제안)

  • Chung, Injae
    • Journal of Environmental Health Sciences
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    • v.40 no.2
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    • pp.157-170
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    • 2014
  • Objectives: Agent Orange TCDD has been related to serious diseases among Korean veterans who were exposed to it. Decades after the end of the war, however, its effects are still being debated. The object of this study was to examine various unmet needs raised among Agent Orange exposed veterans and their families and to find grounds of a new welfare policy for providing alternative legislation. Methods: Literatures concerning Agent Orange, TCDD, the associated diseases, compensation for veterans and Supreme Court sentencing were searched using PubMed, ProQuest, press news and relevant homepages. Results: Agent Orange exposed veterans are eligible for various benefits from the government, including disability compensation for diseases associated with exposure. The Ministry of Patriots and Veterans Affairs has classified certain diseases into two categories, Agent Orange sequela diseases and sequela suspect diseases and has provided differential benefits based on separated laws. Big differences exist in benefits to veterans and their families between the two laws. The absence of definite standards to classify the Agent Orange associated diseases was confirmed by recent Supreme Court sentencing which ruled in favor of US manufacturers. Conclusion: It appears that the evidence for cause and effect of Agent Orange related diseases would never be perfect. The results suggest a need to change welfare principles from presumptive or indefinite disease basis to exposure experiences combined with integrated disability evaluation. We propose to extend eligibility by enacting a new law for Agent Orange exposed Korean veterans.

Design of Autolanding Guidance and Control Algorithm Using Singular Perturbation (특이섭동법을 이용한 비행체 자동착륙 유도제어 알고리즘 설계)

  • Ha, Cheol-Keun;Choi, Hyoung-Sik
    • Journal of Institute of Control, Robotics and Systems
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    • v.11 no.8
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    • pp.726-732
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    • 2005
  • This paper proposes an autolanding guidance and control algorithm with the lateral guidance law. This algorithm is basically formulated and designed in feedback linearization based on singular perturbation. Main features of this algorithm are two facts. One of those is that when a certain situation happens that airplane must realign to the runway suddenly assigned due to unexpected environment change around the landing site, the heading guidance in this algorithm is very valuable, and the other is the fact that the inner loop control of this algorithm is able to be designed directly based on the Handling Quality Requirements that most flight control systems must be satisfied with. To illustrate the potential of this algorithm, 6-DOF nonlinear simulation based on the nonlinear airplane model shown in Ref.[11] is carried out. The simulation results showed that the altitude response to the given landing trajectory is accurate, and the airplane heading alignment to the assigned runway from the lateral deviation is successful. It is noted that this algorithm is also applicable to unmanned aerial vehicle, which can be retrieved in autolanding technique, where the runway far retrieving the vehicle is in any direction for example at war field.

Overseas adoption in Korea (국외 입양아들의 특성과 변화)

  • Kim, Jae Yoon
    • Clinical and Experimental Pediatrics
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    • v.52 no.4
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    • pp.410-416
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    • 2009
  • In Korea, overseas adoption has been practiced for more than 50 years. Initially, overseas adoption began with the objective to provide permanent homes for Korean war orphans, including mixed-blood children. From 1953 to 2007, about 160,000 Korean children were placed worldwide through overseas adoption and approximately 70,000 children were adopted in Korea. During that period, Korea developed into one of leading industrial countries in the world and the family norms changed dramatically. Since 1989, the Korean government has made diverse efforts to increase domestic adoptions and to support adopted families through the revisions to Korea's Child Welfare Law. However, it is not enough to reduce overseas adoptions rapidly because the Korean government's economic support for adopted families is not adequate and Korean sentiments regarding adoption have not changed. Being an international adoptee is a unique experience, involving dissimilarities of race, ethnicity, and culture. Clearly, it is very important for us to focus on placing Korean children in the best possible environment. Therefore, Korea must make diverse efforts to reduce overseas adoptions and to encourage domestic adoption. First, Korean society has to try to reduce the number of children who need out-of-home care. Second, the Korean government and people should make an effort to increase domestic adoptions, including adoptions of disabled and older children. Finally, the Korean government and adoption agencies have to provide professional pre-adoption and post-adoption services for international adoptees and adoptive parents.

Investigation on Posssiblility of Composting by Properties Analysis of Organic Sludge Composts (각종 유기성오니의 성상분석에 의한 퇴비화가능성의 검토)

  • Han, E.J.;Choi, H.G.;Lee, J.A.;Kim, K.Y.;Lee, C.K.;Park, K.H.;Phae, C.G.
    • Journal of the Korea Organic Resources Recycling Association
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    • v.8 no.1
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    • pp.109-120
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    • 2000
  • In the analysis of the common categories, moisture contents and organic concentrations were not much different according to the types of industry or treatment facilities. When heavy metals contribution of the sludge from domestic and industrial wastewater treatment facilities was analyzed, As, Hg and Cr concentrations were relatively high among 42 standards of the fertilizer law. As concentration war higher in 28 of 42 facilities (67%) than limits of the fertilizer law. Hg concentration was not acceptable in the 21 of 42 facilities (50%). Cr concentration was not acceptable in 9 of 42 facilities (21%). From these results, It is found that As is the most frequently detectable component and contaminant than any other heavy metals in sludges. The data from this experiment was also compared with the guidelines of harmful organics and the rest of heavy metals that are regulated by some of the foreign countries. Be, Se and Mo concentrations were lower than the limits. Among the organics, the average concentration of PCB (10 samples) was 26.2 ppb. The highest concentration was 162.6 ppb in the sludge of the municipal wastewater treatment facilities and the lowest concentration was 2.14 ppb from the skin manufacturing industry. From the leaching analysis of re-manufacturing goods from the sludge, most of them was acceptable on the regulation law but Cr concentration was over the limit.

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International Law on Drone's Military use - Focuse on Proportionality and Discrimination Principles - (드론의 군사적 활용에 따른 국제법적 쟁점 - 차별의 원칙과 비례성 원칙을 중심으로-)

  • Cho, Hong-Je;Kang, Ho-Jeung
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.127-152
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    • 2020
  • Despite growing international cooperation for maintenance of international peace and security, wars continue to occur due to conflicted state interests. Continuing conflicts has advanced development of various weapon systems such as global integrated intelligence, surveillance and reconnaissance. However, with a big increase in the number of civilian casualties caused by the weapon systems development, the international community has also advanced diplomatic efforts to minimize deaths of civilian and military personnel. Therefore, it is essential to observe the principle of discrimination between combatants and non-combatants when operating unmanned aerial vehicles (UAVs), better known as drones. Drones have become more capable of distinguishing combatants from non-combatants due to its high-tech prowess. In the operation of drones, any parties involved in combat or the war are responsible for mounting civilian casualties. In addition, it should comply with the principle of proportionality that calls for a balance between results of such action and expected military advantage anticipated from the attack. The rule of proportionality prohibits use of military force which may be expected to cause excessive civilian harm. Drones have been able to track and monitor targets for hours and select the accurate locations of the targets. The aim is to reduce civilian losses and damage to a minimum. Drones meet the standards of Article 51.4 of the Additional Protocol.