• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• Journal of the Korean association of regional geographers
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• v.11 no.5
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• pp.488-499
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• 2005

The trends of Chinese and Yanbian University's reform were studied in this work. Although the history of Chinese modem university education is short, and all Chinese Universities experienced same social problems, however, development of each university was different. Especially after 90's, with applying socialism market economy theory, Chinese university education have changed a lot. Main conclusions were summarized as follows. First, to exert university's self-determination, University management system was changed. More and more rights and freedoms of operating university were given to universities which were originally controlled by central and local government. With that, universities were cheered to develop extensively based on its ability. Second, efforts to fit market economy were observed. It reflects in all aspects, such as systems of university financing, operating, admission and graduation of students. Third, professor competition system was adopted to promote professors enthusiasm. Forth, to survival in hot competition among universities, differentiation policy was applied. In brief, it could be said that rapid developments of Chinese university education have achieved recently. However, problems such as universities are still under supervision of central and local government: expand of university scale rather than education quality was focused on: limit of investment to university: lack of legal protection for finical supporting: lack of university democratization were still remain. It was expected that these problems will be solved in future university reforms.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.109-131
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• 2010

Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.

• The Journal of the Korea Contents Association
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• v.20 no.6
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• pp.354-366
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• 2020

It is the purpose of this study to propose improvement options and guidance methods for public design around elementary schools from the perspective of child friendly cities. The study first takes the Convention on the Rights of the Child as a benchmark, and integrates relevant United Nations documents on child friendly cities and those on child friendly cities in Shenzhen to derive five principles of public design around child friendly schools, namely, safe environment, protective measures, pedestrian friendly environment, independent environment for going out, convenient and fun environment. Subsequently, this study investigates the public design of 25 elementary schools in Futian District, Shenzhen, China, evaluates the quality level of public design according to the five principles, and points out the problems that exist in public design with lower quality level. Furthermore, in response to the existing problems of public design around elementary schools in Shenzhen, this study improves them from three aspects: public space, public facilities and public media design. More importantly, the design reinforces the safety and child protection of the environment, facilitates children's walking and independent going out, and provides a convenient and fun design that meets the physical and psychological needs of children, designed to be child-friendly. Not only does this design provide guidance for the construction of the environment around the elementary school in Shenzhen, but also provides guidelines for the construction of a child-friendly city in Shenzhen.

• Horticultural Science & Technology
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• v.33 no.2
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• pp.292-297
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• 2015

A new cultivar of Hibiscus 'Red Bohanjae' (Hibiscus syriacus 'Red Bohanjae') was developed after crossing between Hibiscus syriacus 'Andong' (♀) with white flowers and Hibiscus syriacus 'Samchully' (♂) with pink flowers to improve flower quality and growth habit. The Hibiscus breeding program was initiated in 2002, and H. syriacus 'Red Bohanjae' was preliminarily selected as '02-RV-17' in 2003 due to its stable flower quality with rich pink flowers and small tree type. The selected line was further evaluated for growth characteristics, leaf shape, leaf size, flowering characteristics, and tested for distinctness, homogeneity, and stability during 2004-2007. The characteristics preserved by grafting. 'Red Bohanjae' showed a small growth habit with slightly upright branches. The tree had potential use as a potted plant or bonsai because of its dwarf form. The new cultivar 'Red Bohanjae' had violet-pink color flowers (RHS N78C) with red eye spots, small size (9.2 cm) and spatulate (I-type) petals. Leaves were 4.2 cm long and 2.3 cm wide. After the evaluation of plant characteristics for 3 years (2005-2007), it was registered as cultivar 'Red Bohanjae' (4118, plant variety protection rights number) in 2012. 'Red Bohanjae' having violet-pink flowers with red eye and dwarf tree form seems to be suitable for pot or bonsai cultivation in both indoor and outdoor conditions.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.9-74
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• 2006

Due to the awareness of their rights for medical liability and the advancement of legal principles, it becomes also not hard to find those who seek damages against hospitals, doctors and nurses for the suicide committed under the protection of psychiatric institute in Korea these days. Judgements on these kinds of cases are not enough yet, so that it may be too early to try to find principles used in these cases, however it is hardly wrong to read following things from above cases. That is, to gain the case, plaintiffs should show (1) there exists an obligation of "due care"(there is a special relation between patients and hospitals), (2) the duty is violated on the basis of the applicable standard of care, (3) whatever injures or damages are sustained are proximately caused by the breach of duty and (4) the plaintiff suffers compensable damages. To specific, whether a psychiatric institute was liable for wrong death or not depends upon the patients conditions, circumstances and the extent of the danger the patients poses to himself or herself; in short, the foreseeability of self-inflicted harm(the doctor should have or could reasonably have foreseen the patient's suicide and the doctor's negligence actually caused the suicide). In this context if a patient exhibit strong suicidal tendencies, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly dashes from an attendant and jumps out a window or otherwise attempts to injure himself or herself. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only re quires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. Most of these principles have been established at cases of the U.S.A and Japan. In this article you can also find the legal organizations of medical liability and medical contacts on the suicide of patients who have psychiatric diseases under Korean negligence law.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.12 no.5
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• pp.2327-2331
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• 2011

The present paper relates to an analysis into patent applications by most exemplary patent-filing countries using time series analysis for a patented technology in which washing water in a water purifier is changed to magnetization hexagon water beneficial to human body, particularly the patented technology being to a magnetization hexagon water producing technology in which a magnetizer is mounted at an inlet pipe into which washing water is introduced to a water purifier, whereby the washing water is changed into magnetization hexagon water that is beneficial to human body for hygienic maintenance and use of bidet and toilet. In view of patent application trends in magnetization hexagon water producing technology fields, it can be easily noted from the analysis that a large portion of patent applications for the magnetization hexagon water producing technology comes from Korea and Japan, while USA and European countries are decreasing the number of patent applications and applicants. Therefore, there is a constant need of continuously observing the patent-filing trends in Korea and Japan in light of protection of patent rights in businesses that utilize the magnetization hexagon water. In view of the fact that many researches on and developments of products related to magnetization hexagon water are expected in the future, relevant producers and research institutes may effectively utilize the present paper in industrialization and patent research of the magnetization hexagon water.

• The Journal of the Korea institute of electronic communication sciences
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• v.6 no.4
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• pp.533-537
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• 2011

The revision of the criminal procedure act in 2008 marked a great turnaround in the criminal trial system in our country, and the criminal trial system has been based on the trial priority principle from then on. People in general have been entitled to participate in criminal trials, which can be called the jury system, and their awareness of the law has consequently been taken to another level. And the principle of trial by evidence that requires fair process, explanation and scientific evidence is realized in a manner to be appropriate at people(jury)'s level. The prosecution was introduced a video recording system to ensure the efficiency of scientific criminal investigation and assisted every prosecutor's office across the nation to hire computer-added stenographers to back up the documentation of statements during video recording. The purpose of this study was to examine the Korean and foreign computer-added stenography systems and the prospect of computer-added stenography of the video recording system that has been utilized to make a scientific investigation. The effort by this study to look into the roles and prospect of computer-added stenography in the video recording system that has been introduced to improve the efficiency of scientific investigation, which the prosecution pursues, is expected to expedite the advancement of criminal investigation, to guarantee the protection of human rights and to shed new light on the importance and status of computer-added stenography in the trial priority principle.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.734-741
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• 2011

The beginning that the 'Obstruction of Justice' in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The 'Obstruction of Justice' in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the 'Obstruction of Justice' in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the 'Obstruction of Justice'. Nevertheless we should examine from all angles that the introduction of 'Obstruction of Justice' is indeed the alternative in our circumstances. Most of the discussions on the introduction of 'Obstruction of Justice' and also the revised bill of the Ministry of Justice are questions of 'False Statement of Suspect and Witness' for investigation of investigative agency, rather than for the introduction of a general rule on the 'Obstruction of Justice'. The introduction of 'False Statement of Suspect and Witness' for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of 'False Statement of Suspect and Witness' for investigation process of investigative agency is undesirable now.

• Cartoon and Animation Studies
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• s.47
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• pp.295-333
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• 2017

This study is a basic study to prepare policies related to selecting media to be included in textbooks. Researchers looked at previous studies focusing on how media affect children's and adolescent's emotions according to their developmental stages. Researchers also wanted to identify how the media is related to student emotions, health, and educational effectiveness. The researchers then examined a wide range of domestic media review and rating criteria, and argued that it is necessary to institutionalize the rating system of media at national level policy level. Based on the previous discussion, the researchers made seven suggestions. First, it is necessary to specify media selection criteria in the guidelines for issuing textbooks at the national level. Second, guidelines are needed to help review the political neutrality and human rights aspects of the media for inclusion in textbooks. Third, media selection guidelines in textbooks should be detailed with reference to categories and age based criteria of domestic and foreign media rating system. Fourth, the media rating system should be applied flexibly if there is a clear educational purpose. Fifth, institutional support is needed for setting guidelines for media collection of textbooks. Sixth, media experts should participate in the whole process of textbook development. Seventh, educational programs should be implemented to support teachers to use self directed learning by using educational media in classroom instruction.