• Title/Summary/Keyword: political procedure-

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Proposal on the Creation of a New Space Organization for the Moon and Celestial Bodies' Exploitation (달과 천체 개발을 위한 새로운 우주기구의 창설에 관한 제안)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.161-198
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    • 2014
  • The idea of creating an International Space Exploitation Agency (tentative title: hereinafter referred to ISEA) is only my academic and theoretical opinion. It is necessary for us to establish ISEA as an international organization for the efficient and rapid exploitation of natural resources in the moon and other celestial bodies. The creation of ISEA as a new international organization is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to create it as a preliminary procedure, it needs to make the Draft for the Convention on the Establishment an ISEA among the space-faring countries. The main contents of this paper is composed of (1) introduction, (2) joint exploitation of the natural resources (Heliumn-3, etc.) in the moon and ISEA, (3) activities for the exploitation of moon and other celestial bodies by the space-faring powers, (4) legal problems and Solution for the exploitation and mining rights of the natural resources in the moon, mars and celestial bodies, (5) procedure of creating an ISEA, (6) the principal points that need to be included in the draft for the ISEA convention, (7) conclusion. The creation of an ISEA would lead to a strengthening of the cooperation among the States deemed essential by the global community towards joint undertakings in space and would act as a catalyst for the efforts on the exploitation of the natural resources moon, mars, Venus, Mercury and other celestial bodies and allow resources, technology, manpower and finances to be centrally managed in an independent fashion to the benefit of the space-faring countries. It is desirable and necessary for us to create ISEA in order to promote cooperation in the field of space policy, law, science technology and industry etc. among the space-faring countries. The creation of the ISEA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon, Mars, Venus, Mercury and other celestial bodies. Finally, it should be noted that the political drive will be necessary not only to set up the organization ISEA, but also study a subsequent measures. It is also necessary for us to create the ISEA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads (president or prime minister) of the space super-powers including the UNCOPUOS will be agreed to establish ISEA at a summit conference, 1 believe that it is possible to establish an ISEA in the near future.

Legal Issues and Tasks for the Establishment of National Contract for Peace and Unification ('평화통일국민협약' 추진의 법제도적 과제)

  • Choi, Cheol-Young
    • Journal of Legislation Research
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    • no.55
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    • pp.57-94
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    • 2018
  • Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

A Study on the Direction for Revision of the Assembly and Demonstration Act - 'around the Article 6 and Article 8 of 2016 Revised Assembly and Demonstration Act' - (집회 및 시위에 관한 법률 개정 방향에 관한 연구 - '2016 개정 집시법 제6조·제8조를 중심으로 -)

  • Cho, Se-hee
    • Korean Security Journal
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    • no.49
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    • pp.39-63
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    • 2016
  • After its decision of 'constitutional nonconformity' about a night assembly on September 24th, 2009, then the Korean Constitutional Court decided the 'limited violation of constitution' saying, 'Even a night demonstration should be allowed to be held up to the midnight' on March 27th, 20104. Since such a decision, the revision of Assembly and Demonstration Act has not been done, and the revised act is currently pending on the National Assembly on October, 2016. Amid the controversy about the 'Legislative Deficiency', some articles of the Assembly and Demonstration Act are revised and created like the imposition of the fine about a ghost assembly and the notice duty of fact to hold an assembly, the police superintendent's recommendation about the assembly place and partitioned assembly holding by time in order to protect the people's basic rights and convenience. However, this revised bill of Assembly & Demonstration Act limits the duty of assembly withdrawal report only to overlapping assemblies and a police superintendent can only recommend about the partition of assembly place and time, but has not a certain authority to forcibly enforce, so it is expected that the recommendation will be eventually ended to a formal procedure. And as this revised act has no punishment article concerning the violation of the notice duty within 1 hour before holding an assembly in this revised act, so there is a problem that the police can't force an assembly to follow the article. This study proposed some political suggestions concerning the articles to be supplemented and corrected in the Assembly & Demonstration Act after analyzing its articles around its 2016 revised Act. The Assembly & Demonstration Act has several problems to be continually corrected and supplemented further including the matter of 'Night Assembly & Demonstration' which is in the condition of 'Legislative Deficiency' since 2009.

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Analysis and Evaluation of Integration Policy of Local Government in 2010~2014 : Focused on Multi-Dimensional Model (2010~2014년 시·군·구 통합정책의 분석과 평가: 다차원분석모형을 중심으로)

  • Kim, Cheol Hoi;Jin, Jae-Wan
    • The Journal of the Korea Contents Association
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    • v.15 no.1
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    • pp.123-131
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    • 2015
  • The purpose of this study was to find out the reason why the integration policy of local government in 2010~2014 has failed in the light of multi-dimensional model including normative, structural, constituentive, and technical dimension. Central government pushed integration policy of local government focused on increasing economic efficiency based on the theory of economy of scale on 16 regions and 36 local governments. Only one region(Cheong-Ju and Cheong-Won), however, completed integration procedure in 2014. Although most regions don't have common value on integration, and cultural, political ties in normative and structural dimension, central government pushed the integration policy. Futhermore central government failed to coordinate various interests of the participants and design incentive system including demands of local residents in constituentive and technical dimension. Based on this study central government should consider these policy implications when it propel the integration policy of local government in the future.

The Nutritional Status by Stress on Freshmen of University (대학 신입생의 스트레스 민감 여부에 따른 영양상태)

  • Lee, Young-Hee;Rhie, Seung-Gyo;Won, Hyang-Rye
    • The Korean Journal of Community Living Science
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    • v.17 no.4
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    • pp.81-95
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    • 2006
  • This study was made to find out how stress affect on nutrition status of the college freshmen who were experiencing physical growth and development as well as drastic emotional change. 400 male and female freshmen in 4 year colleges were surveyed respectively through the health check-up procedure for college entrance in February, In order to find out the stress in each group frustration, deprivation, lack of self efficacy, type A behavior and anxiety response were surveyed through 10 questions with total 40 points by assigning 4 points for each question. Diet Status was expressed by DDS (Dietary Diversity Score by 5 food groups) and DVS(Dietary Variety Score). 24-hrs recall method was used to find out the quantity of daily nutrient of EAR(estimated adquacy ratio) by KDRIs(Korean Dietary Recommended Intakes). Nutrition level was analyzed by Can-Pro for professionals (Korea Nutrition Association). And for the quality intake, percentage was calculated and MAR(Mean Adequacy Ratio) were produced. Highest point was obtained in the stress of anxiety with the total 40 score of 30.20, and the scores were 29.79, 28.67, and 28.39 for deprivation, type A behavior and frustration respectively. There was no difference of blood components in accordance with stress type. Stress type was divided into less sensitive group and highly sensitive one and the relationship with the blood nutrient status was observed. The difference of blood component and blood pressure in sensitive and highly sensitive groups was observed in deprivation and anxiety. The index of blood pressure(p<0.05), hemoglobin(p<0.01), HDL-cholesterol(p<0.05), and Fe(p<0.05) was high in the deprivation of sensitive group. Blood pressure and hemoglobin was high in type A of sensitive group(p<0.05). And the contents of blood triglyceride was high in the anxiety of sensitive group(p<0.001) The result of nutrition intake analysis according to stress type showed that there was low intake for energy, riboflavin, and niacin. When the degree of deprivation was high there was a lack of riboflavin intake and there was no significant difference of nutrition intake in lack of self efficacy, type A behavior and anxiety response. Thus, it is necessary for colleges to educate the students to maintain mental stability through various programs and activities after catching a kind and extent of the stress college students we meeting with like the confusion of value system, open heterosexual relationship, and the employment difficulties linked with political uncertainty and economic recession.

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농식품안전 정책방향

  • Jo, Jang-Yong
    • 한국환경농학회:학술대회논문집
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    • 2009.07a
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    • pp.3-18
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    • 2009
  • It is difficult for consumers to satisfy high safety request with post-management method such as inspection and surveillance, as various changes in-and-out of the country associated with food safety. In terms of food safety problems related to foods, it is crucial to recognize public health and consumer protection and construct pre-preventive Food Control System. A joint committee, FAO/WHO made the following consultations to the National Food Safety System. ${\circ}$ Approach entirely from farm to table ${\circ}$ Get ready for Risk Analysis System ${\circ}$ Secure transparency ${\circ}$ Establish the optimal policy by evaluating the effect of regulation When it comes to summarizing the consultation, it would be accumulated as two key words; "Efficiency" and "Credibility". Whereas the problem of efficiency focuses on precaution rather than post-management, it requires policy option to maximize consumer's benefit by evaluating the cost for the Food Safety Management and its benefit. Also, analyzing risk's character and amount, demanding an optimal means, and introducing scientific analysis system put much value on the stakeholder's communications are procedure's security which can satisfy both "Efficiency" and "Credibility" simultaneously. Especially, it is emphasized here that Risk Assessment need to be separated from Risk Management. This action is a valid means of credibility security throughout improving transparency. A number of nations and organizations have reformed the method of food management passing through reflection and examination of the prior National Food Safety Management since BSE occurred in Britain, 1996. FSA; Food Standard Agency, AFFSA, EFSA, BfR, and FSC are Risk Assessment Organization functionally separated from Risk Management Organization, JECFA, JMCFA, JMPR, JEMRA in Codex charge Risk Assessment internationally. In case of advanced countries excluding several those such as The U.S. and so forth, though these Risk Assessment Organizations are either separated functionally within Risk Management Organization or operated as apart organ, common factors are in which it has independence as Science Base. While securing independence of Risk Assessment Function, it is a tendency Risk Management should be functionally unified into efficiency as well. Though Germany constructs integral Risk Management System of diverse ways according to social and political conditions of each country such as GFOCP, DVFA, SNFA, CFIS and AQIS, there is a key word in the center, "Securing efficiency of Food Safety Management". However our nation has a representative plural;diversified system with The U.S., we took a step forward for unification as empowering policy's generalization;adjustment and Risk Assessment Function by means of enacting the "Food Safety Fundamental Law" in 2008 and establishing the "Food Safety Policy Commission" with private and governmental sectors in the Prime Minister's office. Even though the unification of Risk Management hereby increased, there is the lack of strengthening function of Risk Assessment and securing independence. It needs to be required for the professional committee in Food Safety Policy Commission to develop as a exclusive office of Risk Assessment by separating from a policy decision. Administrative Branches should reinforce feeble functions such as fundamental investigation;research for carrying out Risk Assessment with securing efficiency throughout reassessment of prior Risk Management Means.

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The Collection and Transfer of Public Records and the Role of the Archivist (공공기록물의 수집·이관과 아키비스트의 역할)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
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    • no.2
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    • pp.3-48
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    • 2000
  • The collection and transfer of records is a very basic stage in the whole process of records and archives management. However they are regarded as an non-professional art of work in records management that are performed easily by everyone. Therefore they have been treated not properly in the scholarly discussion of archival sciences in Korea. The collection and transfer of records play an active role in the making of effective administrative system, in accumulating and sharing the knowledge and informations of political, economical, social and cultural values. On the basis of proper collection and transfer of records our democracy can operate regularly and our daily experiences can be preserved as historical resources. For the optimal-functioned collection and transfer of public records the archivists for this task must have a comprehensive understanding of whole process of records management and possess suitable professional skills. Moreover there are many sorts of preliminary works needed for this task, as follows: an accurate defining of administrative organizations and their tasks, thorough understanding of records management institutions on their own competence and ability, and the establishment of technical standards for their tasks. Additionally the archivists are able not only to consider the present informational and evidential values of the records, but also the historical values. It can be said that the collection and transfer of records is a "synthesis of records management skills" exerted by an archivist. According to the newly established law of public records management, the collection and transfer of public records must be registered at first electronically. Through this procedure the whole contents of produced and transmitted records, which are to be transferred, can be reported in detail. By means of this report the archival institutions and the archivists can trace back the each items of records(archives) and the result of their arrangement to identify a certain object. There are also new storage strategies employed to increase the whole sum of stored informations, i. e. records and archives, in spite of reducing the storage costs. It will be achieved by differentiations of the preservation methods for each sorts of records by the criteria of storage-period, -place, and -method. Many supplementary methods are also prepared to help the collection of important records(archives) in a complete structure and form. To let this new concept and system of collection and transfer of records operate properly, a number of professional archivists should be posted in the needed places throughout the whole administrative body. Their training must be also updated for the newly defined task of collection and transfer of records.

Continuation and Rebirth: A Study on the Changing Mechanism of Customary Law - Based on the fieldwork on the main ethnic minority areas in South China (续造与重生:习惯法变迁机制研究 --基于南方主要少数民族聚居区的田野调查)

  • Chen, Hanfei
    • Analyses & Alternatives
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    • v.1 no.2
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    • pp.44-64
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    • 2017
  • From the field survey of the main ethnic minority areas in the south China, it is found that political, economic, cultural and natural environmental changes are the main reasons leading to the change of customary law. The power mechanism of the customary law change include the three aspects, such as the promotion of country elite, the dominance of grassroots government, and the daily demands of the villagers, which promote the change of customary law alone or together. Through the application of customary law, the country elites can adjust and refine the rules of customary law in order to make out the new customary law and promote its development. In the current pattern of rural governance, grassroots self-government is actually the "official supervision of people's autonomy". The executive power of the grassroots government often intervene the practice of customary law and other informal rules. This is another mechanism of customary law change. Customary law arises from the practice of the daily life of the villagers. If the villagers think that the norms of customary law cannot meet the actual needs of daily life practice, the customary law will be promoted in the form of collective consultation. This is the most important dynamic practice mechanism of customary law change. Transformation and abandonment are the two ways to change customary law. No matter what kind of change does not lead to the demise of the customary law system, the demise of the customary law is only an outdated result, which is made by the universality, nature and objectivity of customary law. The procedure of customary law change is the process of continuation and rebirth about customary law. The result of the change is to produce the new customary law of keeping pace with the times, and the customary law will be presented with new content and form after the change. The continuation of customary law means the inheritance of traditional customary law, but it is based on the transformation of traditional customary law. The rebirth of customary law means that the traditional customary law is completely discarded. But it will produce new customary law rules and be based on the needs of social life practice. Customary law occupies a pivotal position in the normative system and the national law cannot be replaced. The purpose of customary law change will let the customary rules better adapt to the development of modern society, adjust the social relations more reasonably and better meet people's needs of production and life, which is decided by the character of customary law.

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Proposal of Establishing a New International Space Agency for Mining the Natural Resources in the Moon, Mars and Other Celestial Bodies

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.313-374
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    • 2020
  • The idea of creating a new International Space Agency (ISA) is only my academic and practical opinion. It is necessary for us to establish ISA as an international organization for the efficient and rapid exploitation of natural resources in the moon, Mars and other celestial bodies. The establishment of ISA as a new international regime is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to establish as a preliminary procedure, it needs to make a "Draft for the Convention on the Establishment of an International Space Agency" among the space-faring countries. In this paper, I was examined the domestic space legislation in the United States, Luxembourg, European Space Agency, China, Japan, the Republic of Korea as well as space exploration and planning of the moons, Mars, Asteroids, Venus, Jupiter, Saturn, Titan and Other Celestial Bodies. The creation of an ISA would lead to a strengthening of the cooperation needed essentially by the developed countries towards joint and cooperative undertakings in space and would act as a catalyst for the space exploration and exploitation of the moon, Mars and other celestial bodies. It will be managed effectively and centrally the exploitation and exploitation of space the natural resources, technology, manpower and finances as an independent organization in order to get the benefit of the space developed countries by ISA. It is desirable and necessary for us to establish ISA in order to promote cooperation in space policy, law, science technology and industry among the space developed countries in the near future. The establishment of the ISA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon and other celestial bodies. I would propose the "Draft for the Convention for the Establishment of an International Space Agency." in refering the "Convention for the Establishment of a European Space Agency." This "Draft for the Convention Convention for the Establishment of an ISA" must pass the abovementioned "Draft for the Convention" by two-third majority of Diplomatic Conference in the UNCOPUOS. Finally, a very important point is need that a political drive at the highest level and a solemn statement by heads of state of the space devloped countries including the United Nations for the space exploitation of the medium and long term. It should be noted that this political drive will be necessary not only to set up the organization, but also during a subsequent period. It is desirable and necessary for us to establish the ISA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads of the superpowers including the United Nations will be agreed to establish ISA at a summit conference, 1 am sure that it is possible to establish an ISA in the near future.

A Basic Study to Establish a Framework Act on Landscape Architecture (조경 기본법 제정을 위한 기초 연구)

  • Shin, Ick-Soon;Koo, Bon-Hak;Byeon, Jae-Sang
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.86-97
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    • 2011
  • This study analyzed the necessity of the tentatively-named "Framework Act on Landscape Architecture" as an umbrella law in the field of landscape architecture regarding legal, industrial, and academic aspects and is intended to provide basic data to suggest the optimal legal system and legislative proceedings to control it. This study can be summarized as follows: First, a form of framework act on landscape architecture is appropriate for a compromise between ideal type and political framework. Some content is suitable for proclamatory character including present and future issue related to the landscape architecture fields. Second, legislative proceedings are more reasonable as motions coming from assembly proposals rather than government. Motions by assembly proposal recommend the following procedure: submission of a legislative bill by an assemblyperson, passing of a permanent commission, review by government, leading approval by emphasis on correspondence with the principle to carry out government affairs, proclamation. Third, a frame based on content and form can be made up of a total of 7 chapters 34 articles. The function must include the following: the suggestion of direction for government policy, the systematization of the institution and what it includes, the control of government administration, a public service system regarding public relations for landscape architecture and so on. The results of this study will form a social consensus about the necessity of a framework act regarding landscape architecture fields and contribute to informing the importance of landscape architecture as related to other industrial fields.