• Title/Summary/Keyword: political parties

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A Study of the Force Majeure as Immunity by 3rd Party Liability of the Aircraft-Operator -With respect to the German Aviation Act- (항공기운항자의 제3자 책임에 관한 면책사유로서의 불가항력 조항에 관한 고찰 - 독일 항공법상의 해석을 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.37-62
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    • 2016
  • Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

An Investigation of the Delivery of Public Rental Housing in Redevelopment Site in Korea (재개발임대주택 공급제도의 도입상황 및 특징분석)

  • Park, Shinyoung
    • Land and Housing Review
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    • v.12 no.3
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    • pp.51-65
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    • 2021
  • There were strong criticisms against the joint development method: the redevelopment corporation and developers would achieve the whole development profit. The existing tenants who lost their housing in the site argued their right to reside in the site after the development was completed. There was also strong political pressure that the Roh Tae-woo governing administration should resolve the social inequality caused by the situation. In such circumstances, it was introduced that a certain proportion of public rental housing should be built in the redevelopment site; then the government took over the dwellings at a price of construction and allocated them to the existing tenants. The aims of this paper are to understand the rationale behind the inclusion of the public rental housing in the redevelopment sites; and to investigate to what extent the legislation was implemented appropriately. Although the legislation was introduced in Seoul from August 1989, it was not until May 2005 when it was implemented nationwide. At the beginning, there was an ambiguous rule that the number of public housing to be included should be limited to the number of households who would want to remain in the redeveloped site. In 2005 the Seoul metropolitan authority introduced a mandatory proportion; 17% of the total housing delivered in the site should be public rental homes. Since then the proportion. The proportion has been fluctuated by the political agenda of each ruling party: the conservative tended to reduce the proportion, whilst the opposition parties increased the proportion. Currently the proportion is 20% of the total stock to be built. Initially the size of the public housing was exceptionally small- less than 40 m2 but it has increased up to 60 m2 since 2010. The rental price was reasonably lower than market rent. The competition toward redevelopment rental housing that are vacant due to move or death of tenants was very high; it was given to one household out of nine eligible households in 2020.

A study on The U.S.-Korean Trade Friction Prevention and Settlement in the Fields of Information and Telecommunication Industries (한미간(韓美間) 정보통신분야(情報通信分野) 통상마찰예방(通商摩擦豫防)과 해소방안(解消方案)에 관한 연구(硏究))

  • Jung, Jay-Young
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.869-895
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    • 2000
  • The US supports the Information and Communication (IC) industry as a strategic one to wield a complete power over the World Market. However, several other countries are also eager to have the support for the IC industry because the industry produces a high added value and has a significant effect on other industries. Korea is not an exception. Korea recently succeeded in the commercialization of CDMA for the first time in the world, after the successful development of TDX. Hence, it is highly likely to get tracked by the US. Although the IC industry is a specific sector of IT, there is a concern that there might be a trade friction between the US and Korea due to a possible competition. It will be very important to prepare a solution in advance so that Korea could prevent the friction and at the same time increase its share domestically and globally. It will be our important task to solve the problem with the minimum cost if the conflict arises unfortunately in the IT area. The parties that have a strong influence on the US trade policy are the think tank group and the IT-related interest group. Therefore, it would be important to have a close relationship with them. We found some implications by analyzing the case of Japan, which has experienced trade frictions with the US over the long period of time in the high tech industry. In order to get rid of those conflicts with the US, the Japanese did the following things : (1) The Japanese government developed supporting theories and also resorted to international support so that the world could support the Japanese theories. (2) Through continual dialogue with the US business people, the Japanese business people sought after solutions to share profits among the Japanese and the US both in the domestic and in the worldwide markets. They focused on lobbying activities to influence the US public opinion to support the Japanese. The specific implementation plan was first to open culture lobby toward opinion leaders who were leaders about the US opinion. The institution, Japan Society, were formed to deliver a high quality lobbying activities. The second plan is economic lobby. They have established Japanese Economic Institute at Washington. They provide information about Japan regularly or irregularly to the US government, research institution, universities, etc., that are interested in Japan. The main objective behind these activities though is to advertise the validity of Japanese policy. Japanese top executives, practical interest groups on international trade, are trying to justify their position by direct contact with the US policy makers. The third one is political lobby. Japan is very careful about this political lobby. It is doing its best not to give impression that Japan is trying to shape the US policy making. It is collecting a vast amount of information to make a correct judgment on situation. It is not tilted toward one political party or the other, and is rather developing a long-term network of people who understand and support the Japanese policy. The following implications were drawn from the experience of Japan. First, the Korean government should develop a long-term plan and execute it to improve the Korean image perceived by American people. Second, the Korean government should begin public relation activities toward the US elite group. It is inevitable to make an effort to advertise Korea to this elite group because this group leads public opinion in the USA. Third, the Korean government needs the development of a relevant policy to elevate the positive atmosphere for advertising toward the US. For example, we need information about to whom and how to about lobbying activities, personnel network who immediately respond to wrong articles about Korea in the US press, and lastly the most recent data bank of Korean support group inside the USA. Fourth, the Korean government should create an atmosphere to facilitate the advertising toward the US. Examples include provision of incentives in tax on the expenses for the advertising toward the US and provision of rewards to those who significantly contribute to the advertising activities. Fifth, the Korean government should perform the role of a bridge between Korean and the US business people. Sixth, the government should promptly analyze the policy of IT industry, a strategic area, and timely distribute information to industries in Korea. Since the Korean government is the only institution that has formal contact with the US government, it is highly likely to provide information of a high quality. The followings are some implications for business institutions. First, Korean business organization should carefully analyze and observe the business policy and managerial conditions of US companies. It is very important to do so because all the trade frictions arise at the business level. Second, it is also very important that the top management of Korean firms contact the opinion leaders of the US. Third, it is critically needed that Korean business people sent to the USA do their part for PR activities. Fourth, it is very important to advertise to American employees in Korean companies. If we cannot convince our American employees, it would be a lot harder to convince regular American. Therefore, it is very important to make the American employees the support group for Korean ways. Fifth, it should try to get much information as early as possible about the US firms policy in the IT area. It should give an enormous effort on early collection of information because by doing so it has more time to respond. Sixth, it should research on the PR cases of foreign enterprise or non-American companies inside the USA. The research needs to identify the success factors and the failure factors. Finally, the business firm will get more valuable information if it analyzes and responds to, according to each medium.

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APPLICATION OF FUZZY SET THEORY IN SAFEGUARDS

  • Fattah, A.;Nishiwaki, Y.
    • Proceedings of the Korean Institute of Intelligent Systems Conference
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    • 1993.06a
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    • pp.1051-1054
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    • 1993
  • The International Atomic Energy Agency's Statute in Article III.A.5 allows it“to establish and administer safeguards designed to ensure that special fissionable and other materials, services, equipment, facilities and information made available by the Agency or at its request or under its supervision or control are not used in such a way as to further any military purpose; and to apply safeguards, at the request of the parties, to any bilateral or multilateral arrangement, or at the request of a State, to any of that State's activities in the field of atomic energy”. Safeguards are essentially a technical means of verifying the fulfilment of political obligations undertaken by States and given a legal force in international agreements relating to the peaceful uses of nuclear energy. The main political objectives are: to assure the international community that States are complying with their non-proliferation and other peaceful undertakings; and to deter (a) the diversion of afeguarded nuclear materials to the production of nuclear explosives or for military purposes and (b) the misuse of safeguarded facilities with the aim of producing unsafeguarded nuclear material. It is clear that no international safeguards system can physically prevent diversion. The IAEA safeguards system is basically a verification measure designed to provide assurance in those cases in which diversion has not occurred. Verification is accomplished by two basic means: material accountancy and containment and surveillance measures. Nuclear material accountancy is the fundamental IAEA safeguards mechanism, while containment and surveillance serve as important complementary measures. Material accountancy refers to a collection of measurements and other determinations which enable the State and the Agency to maintain a current picture of the location and movement of nuclear material into and out of material balance areas, i. e. areas where all material entering or leaving is measurab e. A containment measure is one that is designed by taking advantage of structural characteristics, such as containers, tanks or pipes, etc. To establish the physical integrity of an area or item by preventing the undetected movement of nuclear material or equipment. Such measures involve the application of tamper-indicating or surveillance devices. Surveillance refers to both human and instrumental observation aimed at indicating the movement of nuclear material. The verification process consists of three over-lapping elements: (a) Provision by the State of information such as - design information describing nuclear installations; - accounting reports listing nuclear material inventories, receipts and shipments; - documents amplifying and clarifying reports, as applicable; - notification of international transfers of nuclear material. (b) Collection by the IAEA of information through inspection activities such as - verification of design information - examination of records and repo ts - measurement of nuclear material - examination of containment and surveillance measures - follow-up activities in case of unusual findings. (c) Evaluation of the information provided by the State and of that collected by inspectors to determine the completeness, accuracy and validity of the information provided by the State and to resolve any anomalies and discrepancies. To design an effective verification system, one must identify possible ways and means by which nuclear material could be diverted from peaceful uses, including means to conceal such diversions. These theoretical ways and means, which have become known as diversion strategies, are used as one of the basic inputs for the development of safeguards procedures, equipment and instrumentation. For analysis of implementation strategy purposes, it is assumed that non-compliance cannot be excluded a priori and that consequently there is a low but non-zero probability that a diversion could be attempted in all safeguards ituations. An important element of diversion strategies is the identification of various possible diversion paths; the amount, type and location of nuclear material involved, the physical route and conversion of the material that may take place, rate of removal and concealment methods, as appropriate. With regard to the physical route and conversion of nuclear material the following main categories may be considered: - unreported removal of nuclear material from an installation or during transit - unreported introduction of nuclear material into an installation - unreported transfer of nuclear material from one material balance area to another - unreported production of nuclear material, e. g. enrichment of uranium or production of plutonium - undeclared uses of the material within the installation. With respect to the amount of nuclear material that might be diverted in a given time (the diversion rate), the continuum between the following two limiting cases is cons dered: - one significant quantity or more in a short time, often known as abrupt diversion; and - one significant quantity or more per year, for example, by accumulation of smaller amounts each time to add up to a significant quantity over a period of one year, often called protracted diversion. Concealment methods may include: - restriction of access of inspectors - falsification of records, reports and other material balance areas - replacement of nuclear material, e. g. use of dummy objects - falsification of measurements or of their evaluation - interference with IAEA installed equipment.As a result of diversion and its concealment or other actions, anomalies will occur. All reasonable diversion routes, scenarios/strategies and concealment methods have to be taken into account in designing safeguards implementation strategies so as to provide sufficient opportunities for the IAEA to observe such anomalies. The safeguards approach for each facility will make a different use of these procedures, equipment and instrumentation according to the various diversion strategies which could be applicable to that facility and according to the detection and inspection goals which are applied. Postulated pathways sets of scenarios comprise those elements of diversion strategies which might be carried out at a facility or across a State's fuel cycle with declared or undeclared activities. All such factors, however, contain a degree of fuzziness that need a human judgment to make the ultimate conclusion that all material is being used for peaceful purposes. Safeguards has been traditionally based on verification of declared material and facilities using material accountancy as a fundamental measure. The strength of material accountancy is based on the fact that it allows to detect any diversion independent of the diversion route taken. Material accountancy detects a diversion after it actually happened and thus is powerless to physically prevent it and can only deter by the risk of early detection any contemplation by State authorities to carry out a diversion. Recently the IAEA has been faced with new challenges. To deal with these, various measures are being reconsidered to strengthen the safeguards system such as enhanced assessment of the completeness of the State's initial declaration of nuclear material and installations under its jurisdiction enhanced monitoring and analysis of open information and analysis of open information that may indicate inconsistencies with the State's safeguards obligations. Precise information vital for such enhanced assessments and analyses is normally not available or, if available, difficult and expensive collection of information would be necessary. Above all, realistic appraisal of truth needs sound human judgment.

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The International Geographical Symposium for the 50th anniversary of the Korean geographical society:the pressing problems in Korean geography (대한지리학회 창립 50주년 기념 국제지리학술대회와 지리학의 당면 과제)

  • ;Lee, Hak-Won
    • Journal of the Korean Geographical Society
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    • v.30 no.2
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    • pp.188-199
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    • 1995
  • This International Geographical Symposium is to comemorate the 50th anniversary of the Korean Geographical Society. The Korean Geographical Society (KGS) which is the headquater of the geogaphical study will be play a main role to promote International Geographical Conference(IGC). And KGS hopes to prepare for the success of IGC and to examine the ability of the Korean Geographical Society for holding IGC in Seoul, in 2000. Above all, we expect to confirm what vision of the spatial structure our geographers have had for the last 50 years and in the position of the Korean Geographical Society, we present various studies on the spatial structure of the Unified Korea and through the discussion of the members we are going to lead our common interest to the key of reunification and motivate this studies more actively. We think that German geographers who have been studying the establishment of the spatial structure before and after the reunification of Germany will help in setting spatial structure of reunified Korea. In the second part of seminar, we will have a lecture on "Geography in the 21st Century; its Perspectives and Contribution". This lecture will prepose the trends of international geographical study and discipline, to Korean geographers and encourage them to realize what position we are in on the level of international geography and intensify their study. In the end of twentieth centuries, Korean geographers, who accessto postmodernism, hope to develope the unique subject matter and discipline regrardless of the 50 year-partition of the Korean Peninsula through the study of geobraphy. What can we suagest to geographers under the unique spatia1 structure of the divided peninsula\ulcorner How will our country develope in the future when DMZ, the last remains of cold war, vanishes and our reunified country becomes\ulcorner These subject matters will be issued in this International Geographic Conference. These issued subject matters and procedures of discussion will stimulate younger students to have interest in our unique geographic environment and to set up thier own method of study. In the third part of seminar, a special lecture on "Half-century of Korean Geography: It's Reflection and Perspective", the product and the subject of each part in geography will be discussed. Because this seminar is for the first time in 20 years after the 30th anniversary, the evaluation and the comment of each field in geography will be focused on because the achievement of each member's study is evaluted and refered to objectively. The newly developed field ewll be proposed, as well as the evaluation and the result of the Korean Geographical Society. The criticism and the proposal of the Korean Geographical Society will encourage the study of each member. And it will contribute to the development of the Korean Geographical Society. We hope all the issued papers to be published as atreatise and circulated to all members, university liberaries, each institution etc. There is no doubt our research and study will affect geographers and geography teachers to use this treatise. If possible, we will make public editions to distribute widely for students who study geography. It will help students to study geography encouragingly and to understand a correct structure and to commit themselves to promote the developed industrial country when they are playing a leading part in society. And we will contribute this issue to all the institutes such as the congress, each department of government, the political parties, the economic circles and private institutes, in order to make them understand our academic efforts and activities. Besides, we hope this contribution will give them much understanding and interest about 2000 IGC in Seoul beforehand.in Seoul beforehand.

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Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.53-75
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    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

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Study on the Characteristic of Media Lawsuits by Public Figures and the Tendency of the Court Decisions in Korea: Focusing on the Decision about Defamation of Politicians and Senior Government Officials Since 1989 (공인의 미디어 소송 특징과 국내 판결 경향에 관한 연구: 1989년 이후 정치인 및 고위 공직자 명예훼손 판례를 중심으로)

  • Yun, Sung-Oak
    • Korean journal of communication and information
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    • v.40
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    • pp.150-191
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    • 2007
  • Defamation lawsuits of public figures against media have been an issue since Roh government set in. Dissension between the government and media has probably acted as the key factor on this problem. Accordingly, arguments on the defamation lawsuits of public figures occurred the political issues such as opposition between the Progressive and the Conservative Parties or between the ins and the outs and showed the limits to suggest an appropriate judgment or solution. This study will analyze how the court makes its judgement on their rights and the limits by understanding the characteristic and the problem of defamation lawsuits made by senior government officials including a politician, the government, the president, and etc. As results, the defamation lawsuits of politicians and senior government officials showed specially noteworthy matters in salvation (damage suits), the amount claimed, court costs, ratio of winning lawsuits, and etc. The result on the tendency of the court decision showed the following matters in confusion: it holds the media responsible for the burden of proof by applying the inappropriate criterion; The applied laws, especially in the inferior court decision, do not show the consistency of the burden of proof between the misconception/ intention (malice)/ accident/ purpose of slander on the legal principles of public figures. Therefore, this study suggests the court to apply an appropriate law, let alone regulating the Anti-SLAPP law, so that it curtails the rights of public figures; limits the salvation of damage suit; and protects the right only in the case of false accusation by applying the existing law of "the Protection of the Deceased's Defamation Law." In order to dissolve the confusion when applying the laws on the public figures, the study insists the court to positively apply the Constitutional Court made criterion on "people" and "content." The study also insists to distinguish "intention(malice)," "accident," and "purpose of slander" and variant sorts of the burden of proof should be applied to each.

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Laying the Siting of High-Level Radioactive Waste in Public Opinion (고준위 방폐장 입지 선정의 공론화 기초 연구)

  • Lee, Soo-Jang
    • Journal of Environmental Policy
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    • v.7 no.4
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    • pp.105-134
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    • 2008
  • Local opposition and protest constitute single greatest hurdle to the siting of locally unwanted land uses(LULUs), especially siting of high-level radioactive disposal not only throughout Korea but also throughout the industrialized world. It can be attributed mainly to the NIMBYism, equity problem, and lack of participation. These problems are arisen from rational planning process which emphasizes instrumental rationality. But planning is a value-laden political activity, in which substantive rationality is central. To achieve this goals, we need a sound planning process for siting LULUs, which should improve the ability of citizens to influence the decisions that affects them. By a sound planning process, we mean one that is open to citizen input and contains accurate and complete information. In other word, the public is also part of the goal setting process and, as the information and analyses developed by the planners are evaluated by the public, strategies for solutions can be developed through consensus-building. This method is called as a co-operative siting process, and must be structured in order to arrive at publicly acceptable decisions. The followings are decided by consensus-building method. 1. Negotiation will be held? 2. What is the benefits and risks of negotiation? 3. What are solutions when collisions between national interests and local ones come into? 4. What are the agendas? 5. What is the community' role in site selection? 6. Are there incentives to negotiation. 7. Who are the parties to the negotiation? 8. Who will represent the community? 9. What groundwork of negotiation is set up? 10. How do we assure that the community access to information and expert? 11. What happens if negotiation is failed? 12. Is it necessary to trust each other in negotiations? 13. Is a mediator needed in negotiations?

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Religious Freedom and Religious Education in Protestant Mission School in Recent Korea: with Special Reference to Proselytism (한국 개신교사학의 종교교육 공간에 나타난 종교자유 논쟁: 개종주의와의 관련을 중심으로)

  • Lee, Jin Gu
    • The Critical Review of Religion and Culture
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    • no.29
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    • pp.134-167
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    • 2016
  • This paper aims at exploring the characteristics and meanings of religious freedom controversy surrounding religious education, with special reference to proselytism, in protestant mission school in recent Korea. Most of protestant mission schools have been providing students compulsory religion class and chapel service in the name of religious education. According to the school authorities, religious education should be provided for the realization of founding philosophy, and they say that mission school has the right to religious education. On the contrary, many non-christian students argue that their religious liberty is seriously violated by required religious education especially compulsory chapel worship. So serious conflicts broke between mission school authorities and students. Supreme Court decided that Soongsil University has the right to maintain compulsory chapel service, ruling that Daegwang High School should not maintain required chapel worship. It seems that Supreme Court gave different decisions to high school and university respectively, considering the differences between high school and university in application for admission to a school, students' critical consciousness, school's autonomous rights, etc. However, these precedents are being challenged by many peoples and groups. There are three agents which are involved in religious freedom controversy in mission school. The first are mission school authorities supported by religious groups, the second government supported by political parties, and the third mission school students guided by NGO. Among them protestant groups are playing the major role in making religious freedom problems in mission school. Protestant groups try to convert mission school students to protestantism by compulsory chapel service and religion class. Such a protestant proselytism becomes a cause of oppressing students' human rights and religious liberty. In this situation government has a responsibility to protect the students' rights to religious freedom. But government seldom impose sanctions on the protestant mission schools' compulsory programs. The reason why government does not restrict mission school's unlawful religious education is because protestant groups have strong influence in voting. Eventually civil movements organizations involved in religious freedom controversy for the sake of students's human rights. In conclusion, the assailment is protestant proselytism, the accessory is government, the victim is students in the religious education in mission school in recent Korea.

The Suggestions to harmony between Yeongnam(East)-Giho(West) region using friendly relationship of Confucian in Joseon Dynasty (영남 유학과 기호 유학의 소통 사례와 지역갈등 융화 방안)

  • Kim, Moon Joon
    • The Journal of Korean Philosophical History
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    • no.54
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    • pp.9-42
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    • 2017
  • It is as necessary as ever to make constant efforts to overcome the regional strife between the eastern and western parts of Korea and come to a mutual understanding. To achieve this, we must endeavor to correct Korean people's distorted understanding of the history of Korean philosophical thoughts. Ordinary Koreans commonly and mistakenly associate the academic circles of Korean Neo-Confucianism with certain regions by which to divide them into Giho School and Yongnam School and then go as far as associating the schools and parties and pegging them 'Namin'(南人) to refer to as the followers of Yongnam School and 'Seoin'(西人) as the followers of Giho School. Such false notions must be corrected. During the reign of King Seonjo, political factions of Joseon were split into Yongnam and Giho, or East and West. At the time, the two cardinal directions East and West were only used to refer to the eastern and western parts of Seoul, and not Yeongnam(East) and Giho(West) of the Korean Peninsula. Therefore, the factional split at the time has nothing to do with regional cleavages. In fact, a majority of scholars representing Korean Neo-Confucianism maintained a friendly relationship regardless of the school, party, and region. Many leading scholars in the middle of the Joseon Dynasty namely Jo Sik(曺植)/Seong Woon(成運), Lee Hwang(李滉)/Ki DeaSeung(奇大升), Lee Hwang(李滉)/Lee Yi(李珥), Noh Susin (盧守愼)/Lee Yi, the ones in the late Joseon Dynasty -Jeong Gyeong Se(鄭經 世)/Kim Jang-Saeng(金長生), Jeong Gyeong Se(鄭經世)/Song Joon Gil(宋浚吉), and also those at the end of the Joseon Dynasty such as Kwak JongSeok(郭鍾錫) and Kim BokHan(金福漢) deeply respected each other and had a close friendship rooted in their academic commitment. The friendship between the leaders of Giho and Yongnam is a testimony to the high level of their character, academic achievement, and intellect. More than ever, such intangible intellectual and cultural resources drawn from Korean tradition must be utilized to the fullest. From this point on, we need to further promote the friendship and mutual understanding the scholars of Yongnam(Gyeongsang-do), Gyeonggi, Honam (Jeolla-do), and Hoseo(Chungcheong-do) enjoyed, and use them as a cognitive basis for harmony between the eastern and western parts of the country. These invaluable assets can be specifically used in the promotion of exchange between the local autonomous governments of the regions where above-mentioned scholars built an amicable relationship, joint commemorative events, exchange between families of the scholars of both regions, opening of special exhibitions dedicated to the harmony between Yongnam and Giho at museums in the two regions, co-organization of local festivals, joint operation of culture programs, and relationship and exchange between the 'seowons' in both regions, through which to promote the long history of exchange between the scholars of the past and utilize it in joint projects.