• Journal of the Korean Institute of Navigation
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• v.9 no.1
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• pp.111-140
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• 1985

The Maritime Commercial Part, which based on the CMI Conventions before 1950s, of the Korea Commercial Code has some critical issues to be improper to the morden internaitonal sea trade. This paper, therefore, has proposed a legislative policy and draft articles in order to make a reasonable and proper shipping law.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.6 no.2
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• pp.39-47
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• 2003

This research traces the history of legislative matters regarding the enactment and revision of laws and regulations related to the outdoor landscape in apartment complex. The years before 1976 can be classified as 'a period of darkness' for the landscape in apartment complex due to absence of landscape legislation. From the year of 1977 when the landscape planting and mere necessities were carried out according to the local administration's building standard to the year of 1990 can be classified as 'a period of quickening'. The year of after 1991 when the enactment of the code#32 called "the green space in site" in the "Korea Building Code" and the "Korea Housing Standard & Regulation" was made, and various construction regulations and provisions were revised in order to improve the scantiness of the apartment complex and its environment should be called 'a period of development'.

• The Journal of the Korea Contents Association
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• v.12 no.12
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• pp.179-191
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• 2012

In 2003, the US Congress enacted the Code Adam Act of 2003. The Act was so-named in memory of six-year-old Adam Walsh, who was abducted from a Sears department store in Florida and was later found murdered in 1981. According to the Act, the designated authority for a public building must establish procedures for locating a child missing in a federal facility in the USA. In this context, the study basically aims to propose a legislative model for a missing children policy in Korean multi-use facilities, critically analyzing the US Code Adam Act. Unlike the Act, the proposed Korean bill requires all multi-use facilities beyond a certain size, including private buildings, to arrange a feasible missing child procedure on their own premises. The bill can impose an administrative fine on facilities which don't have the procedure in place, and further can make the list of the facilities known to the public. In order to encourage voluntary participation from the private sector, the bill finally suggests the Voluntary Certification Scheme through which participating business can take advantage of the certification logo commercially.

• Journal of the Korean Institute of Navigation
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• v.21 no.1
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• pp.89-102
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• 1997

Since 1979, the People's Republic of China has been opeining their marke tprogressively toward all over the world for developing its own domestic economy and international trade. China also has paid a great attention to the international maritime transport due to the fact that its volume of international trade has increased continuoulsy. Under such circumstance, the Chinese Maritime Code was issued in 1992 in which the regulation with regard to carrier's liability occupied an important position. The author, therefore, selected this issue for demonstration of the legal proinciples about carrier's liability which is provided in the Chinese Maritime Code. The study on the issue is under guidance of related international conventions. On the basis of the above, the differences between the Code and relevant conventions have been pointed out in order to make the people in the field of shipping understood for legal system with regard to carrier's liability in China which is a great potential partner of Korea in shipping and trade.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.750-753
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• 2015

The continuing trend of built environment set forth by the rise of modernization and industrialization has led every country in achieving their respective economic development. Along side this trend is an issue that needs to be addressed - the environmental impacts of the built industry. Construction and maintenance of buildings are said to consume 40% of the world's energy, 65% of electricity, and 40% of raw materials, creating drastic pollutants harmful not only to the environment but also to human. Figures have been released and analyzed proving the contributions of built environment with environmental depreciation. Said figures earned concerns not just from different private and non-profit organizations but also the governments of every country, thus, steps towards sustainable development are being implemented. As a response, the "green" was added in the built environment. Later on, the now emerging concept of "National Green Building Code" found its role in the policy of various states in protecting the people in accord with the nature. This paper appreciates the initiatives of various countries and non-profit organizations in their drive to pursue sustainable green built environment in general, and specifically proposes an establishment of an "incentives grant framework" as an additional legislative policy to be included in the draft of the National Green Building Code of the Philippines.

• Acta Via Serica
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• v.1 no.1
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• pp.119-135
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• 2016

The initial phase of the Mongol invasion resulted in the establishment of relative political stability in the vast expanses of Eurasia, which came under the control of a single political entity - the Mongol realm. This contributed to a fairly rapid restoration of the commercial links and trade routes between the East and the West. During this period, Chinese silk again became available in large quantities in the Western markets. At the same time, the beginning of silk production and manufacturing of silk fabrics in Italy and the fashion flash for these goods in Western countries affected trade between Europe and the Muslim world. The centers of silk production in the Ilkhanid Empire were some provinces of Azerbaijan and Persia, where from it was exported in large numbers along the trade routes of Anatolia and Syria to the Mediterranean ports and further to the west. There are numerous testimonies of European travelers, and Muslim authors related the international silk trade in 13th-15th centuries, ie in the era from the Mongol Ilkhanid Empire till the reign of the Turkman Aqqoyunlu dynasty. One of the most informative documentary sources on this issue are the legislative codes (kanuname) of sultan Uzun Hasan from the Aqqoyunlu dynasty regarding the eastern provinces of the Asia Minor. This article presents and analyzes the information from these documents concerning the whole range of goods related to silk and silk fabrics trade in the period under the consideration.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.75-101
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• 2012

As the Reublic of Korea revised the Commercial Code including 40 articles of air transport enacted newly on May 23, 2011, so Korea became first legislative examples in the Commercial Code of the developed and developing countries. I would like to explain briefly the main contents of my paper such as (1) history of enacting newly Part VI (air transport) in the Korea's revised commercial law, (2) legal background enacting newly Part VI (air transport) in the Korea's revised commercial law and the problems on the conditions of air transport, (3) every countries' legislative examples on the civil liability of aircraft's operator, (4) unlawful Interference Convention and general risk convention of 2009, (5) main contents and prospects of the revised Commercial Code for the liability of aircraft's operator etc as the followings. Meanwhile as the Aviation Act, Commercial Code and Civil Code in Korea and Japan did not regulated at all the legal basis of solution on the disputes between victims and offender for the amount of compensation for damage due to personal or property damage caused by aircraft accidents in Korea and Japan, so it has been raised many legal problems such as protection of victims, standard of decision in trial in the event of aircraft accident's lawsuit case. But the Korean Revised Commercial Code including Part VI, air transport regulations was passed by the majority resolution of the Korean National Assembly on April 29, 2011 and then the South Korean government proclaimed it on May 23 same year. The Revised Commercial Code enforced into tothe territory of the South Korea from November 24, 2011 after six month of the proclaimed date by the Korean Government. Thus, though Korean Commercial Code regulated concretely and respectively the legal relations on the liability of compensation for damage in the contract of transport by land in it's Part II (commercial activities) and in the contract of transport by sea in its Part V (marine commerce), but the Amended Commercial Act regulated newly 40 articles in it's Part VI (air transport) relating to the air carrier's contract liability on the compensation for damage caused by aircraft accidents in the air passengers and goods transport and aircraft operator's tort liability on compensation for damage caused by the sudden falling or collision of aircraft to third parties on the surface and so it was equipped with reasonable and unified system among the transport by land, marine and air. The ICAO adopted two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties at a diplomatic conference hosted by it from April 20 to May 2, 2009. The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. One legal instrument adopted by the Conference is "the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft" (Unlawful Interference Convention). The other instrument, "the Convention on Compensation for Damage Caused by Aircraft to Third Parties" (General Risk Convention), modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It is desirable for us to ratify quickly the abovementioned two conventions such as Unlawful Interference Convention and General Risk Convention in order to settle reasonably and justly as well as the protection of the South Korean peoples.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.3-39
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• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• Korean Security Journal
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• no.6
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• pp.1-46
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• 2003

During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful monarch. And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers. In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty rather than making citizen behave according to certain rules. In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became comer stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was in portant means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment. Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control. Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later ,Japan gave the coup de grace to the Korea Empire and changed the office of the Resident - General into the Government - General . Thus korean criminal policy were lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910${\sim}$1945). After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy. ln 1948, the U.S. military government handed over to the ROK government its administrative authority.

• Journal of Navigation and Port Research
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• v.37 no.5
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• pp.519-526
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• 2013

In managing shipping business, the concept of seaworthiness of the vessel has developed in accordance with the development of the shipping industry. However, despite of the development of the vessel's seaworthiness, marine accident has continuously occurred at sea. International Maritime Organization(IMO) has paid attention to the research and investigation of Human Error in shipping operations in addition to physical seaworthiness of the vessel. In 1994, IMO adopted the "International Management Code for the Safe Operation of Ships and for Pollution Prevention(ISM code)" of "SOLAS 1974" Annex, to take countermeasure against this human error. In 1999, Korea adopted the 'ISM Code' and then enacted the Maritime Safety Act (previously Maritime Traffic Safety Act). The Maritime Safety Act regulates necessary qualifications of the Human Resources of shipping companies for establishment and implementation of the safety management system. However, there has been a discrepancy between shipowners and ship management companies in interpreting the legislative texts, finally causing confusion. In this paper, I would like to examine the deficiencies in the regulation on the standard of qualifications of the Designated Person under the Maritime Safety Act and thereby suggest any possible improvements in it.