• Title/Summary/Keyword: provisional measures

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Restrictions and Solutions on the Operation of Coast Guard Aircraft in the Provisional Measures Zone between Republic of Korea and China (국제민간항공협약 및 항공안전법 적용 기준 차이에 따른 해양경찰 항공기의 한·중 잠정조치수역 비행시 제한사항 및 해결방안)

  • Ki Yeon Kim;Jang Ryong Lee
    • Journal of Advanced Navigation Technology
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    • v.28 no.1
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    • pp.37-43
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    • 2024
  • National aircraft are subject to exceptions under the International Civil Aviation Convention. Each country must ensure the safety of civil aircraft through reasonable consideration (due regard). Accordingly, the Aviation Safety Act of Korea also includes an exception for national aircraft. However, Korea Coast Guard aircraft are legislated to be subject to the law on five provisions. As Korea Coast Guard aircraft operate under the application of these provisions of international and domestic laws, they will be required to control flight procedures from China's civil air traffic control when flying over provisional action zone, which is international waters in the West Sea. China's demand is a major limiting factor in protecting the safety of the people of Korea, which is the original mission of Korea Coast Guard aircraft, and through this study, countermeasures to solving these problems at the national level were suggested.

A Fundamental Study on the Amendment of Korean-Japanese Fisheries Agreement (한(韓)·일(日)어업협정(漁業協定) 개정문제(改定問題)에 관한 기초연구(基礎硏究))

  • Choi, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.9 no.2
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    • pp.99-120
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    • 1997
  • The official talks on the amendment of the Korean - Japanese Fisheries Agreement which was concluded in 1965 are under way since 1996. The convention area of the existing fisheries agreement is the high sea, but it should be changed to the exclusive economic zone(EEZ) for the newly amended fisheries agreement. Accordingly, the fundamental policies to be embodied within the amended fisheries agreement are summarized as follows : 1. One of the basic doctrine of the new agreement should be the formulation of a device of international cooperation for the fishery development as well as the conservation and management of the fishery resources. 2. The preparation of the future-oriented international relationship which reflects the specific character of the fishery relationship between both countries. 3. The existing fishery results of both parties should be protected on the ground of the reciprocity principle. 4. Both parties should reach an agreement upon the joint conservation and management measures for the transboundary fishery resources. 5. In consideration of the difficulty of EEZ delimitation between both countries, a provisional fisheries agreement can be an alternative measure.

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Heavy Metal Risk Management: Case Analysis

  • Kim, Ji-Ae;Lee, Seung-Ha;Choi, Seung-Hyun;Jung, Ki-Kyung;Park, Mi-Sun;Jeong, Ji-Yoon;Hwang, Myung-Sil;Yoon, Hae-Jung;Choi, Dal-Woong
    • Toxicological Research
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    • v.28 no.3
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    • pp.143-149
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    • 2012
  • To prepare measures for practical policy utilization and the control of heavy metals, hazard control related institutions by country, present states of control by country, and present states of control by heavy metals were examined. Hazard control cases by heavy metals in various countries were compared and analyzed. In certain countries (e.g., the U.S., the U.K., and Japan), hazardous substances found in foods (e.g., arsenic, lead, cadmium, and mercury) are controlled. In addition, the Joint FAO/WHO Expert Committee on Food Additives (JECFA) recommends calculating the provisional tolerable weekly intake (PTWI) of individual heavy metals instead of the acceptable daily intake (ADI) to compare their pollution levels considering their toxicity accumulated in the human body. In Korea, exposure assessments have been conducted, and in other countries, hazardous substances are controlled by various governing bodies. As such, in Korea and other countries, diverse food heavy metal monitoring and human body exposure assessments are conducted, and reducing measures are prepared accordingly. To reduce the danger of hazardous substances, many countries provide leaflets and guidelines, develop hazardous heavy metal intake recommendations, and take necessary actions. Hazard control case analyses can assist in securing consumer safety by establishing systematic and reliable hazard control methods.

Establishment and future prospects of new international fisheries regime in Northeast Asian region (동북아지역 국제어업협력체제의 구축과 운영방향)

  • 최정윤;최종화
    • The Journal of Fisheries Business Administration
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    • v.30 no.2
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    • pp.1-23
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    • 1999
  • In the Northeast Asian region fisheries agreements of the past regarding high seas as an agreement area were transformed or new agreements were introduced in order to conform to the EEZ regime. However, the existing joint regulatory zone which “open” status is somewhat similar to the high sea not only disappear, but also two new systems were established. To begin with, parties of the agreement claimed their EEZs to be from the territorial sea baselines to the extent set forth, problem of the fishery access of the other party under the agreement is to be solved on the principle of reciprocity and on recognizing of the catch results achieved in the past. In regards to the overlapping zones like neutral zone of the East Sea of Korea(Sea of Japan) and neutral zone to the south of the Cheju Island, provisional measures zones in the Yellow Sea and in the East China Sea, and transitional zone of the Yellow Sea special fisheries management systems reflecting the legal character of the zone involved are applied. Moreover, as fisheries agreements defining open sea as an agreement zone are not able to conform to the EEZ regime, so new fisheries agreements must be taken out from old systems and conceptions, and must be understood and enforced from the new point view. Therefore, countermeasures needed to do so should be developed, and their basic structure is as follows. Firstly, the basic concept of the EEZ regime requires that the coastal states have sovereign rights on their sea zones' natural resources and bear responsibilities appropriate to their allowed jurisdiction. Each Northeast Asian state should adjust the structure of fishing industries and employ advanced fisheries management system, and should make efforts toward such issues of the state policy as increasing fishery resources and preserving ocean environment. Secondly, measures should be developed to solve the international fisheries disputes which are to occur under enforcement of the new fisheries agreements system. In regards to the acts of violation the fisheries laws in the foreign EEZ the principle of jail sentence prohibition is established by the UN Convention on the Law of the Sea, and every fisheries agreement reflects this principle. Therefore, the present question is to consider concrete measures to enable the easy release of the seamen, who violated fisheries laws slightly and well-intently, through establishment and management of the guarantee fund needed to make collateral reasonable. Thirdly, Korean-Russian and Russian-Japanese fisheries relations were formed on the basis of the EEZ regime, since 1992 and 1977 respectively, and are expected to maintain mutually beneficial cooperative character. As for Korean-Chinese-Japanese fisheries relations, the operational problems of overlapping zones, and problem of the permits for EEZ mutual access should be solved on the basis of the principle of reciprocity and equity rather than unilaterally from any side.

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Natural, Nature-based Features (NNbF) - A Comparative Analysis with Nature-based Solutions (NbS) and Assessment of Its Applicability to Korea (자연/자연기반 특징(NNbF) - 자연기반해법(NbS)과 비교분석 및 국내적용성 평가)

  • Hyoseop Woo
    • Ecology and Resilient Infrastructure
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    • v.10 no.2
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    • pp.31-39
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    • 2023
  • NNbF is a newly emerging approach to reduce flood risk in coastal and fluvial areas using natural features or engineered nature-based features with the expectation of co-benefits of provisional, regulating, and socio-cultural services provided by the ecosystem. NNbF is not quite different from existing, related terms based on nature, such as NbS, Eco-DRR, NI, GI, EwN, and BwN, for all these terms include expectation of benefits for human societies by directly utilizing or mimicking nature's ecological functions. If we focus on the comprehensiveness of each term's subject and object, we can say that NbS > NNbF > (Eco-DRR, NI/GI). Among the 18 measures introduced in the NNbF International Guideline in the river and floodplain management category, it was found that measures of wash lands and floodplain restoration, including levee setback/removal and side-channel restoration, seemed to be the most applicable to rivers in Korea. These selected measures could be more effective when river managers purchase riparian lands along river courses by relevant laws for river water-quality protection.

A Study on the Application of International Law through Disputes Settlement in Northeast Asia Fishing Ground (동북아 어장에서의 어업분쟁 해결 사례를 통한 국제법 적용 방안)

  • Lee, Woo-Do;Kim, Nam-Soo;Lee, Jin-Soo
    • The Journal of Fisheries Business Administration
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    • v.48 no.3
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    • pp.15-32
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    • 2017
  • This article's aim is to review the jurisprudence which has emerged pursuant to the international dispute settlement provisions and to provide a provisional expectation as to the future of international dispute settlement under "UNCLOS". Globally, marine fisheries play an important role in ocean biodiversity and the food security of millions of people, providing a vital source of high-quality dietary protein and supporting individuals' livelihoods and income. In the 1982 Convention, the establishment of co-operative mechanisms for effective monitoring, control, surveillance and enforcement, decision-making procedures facilitating the adoption of such measures of conservation and management, and the promotion of the peaceful settlement of disputes are called for. In this study, 'Northeast Asian Sea' means that the Yellow/East China Sea, the East Sea, the Ohotsk Sea, the Kamchaka Sea, the Alaska Sea, and the Bering Sea surrounded by Korea, China, Japan, Russia, U.S.A. and Canada including their EEZs. There are several bilateral fisheries agreements existing in Northeast Asian area, the Fisheries Agreement between Republic Korea and Japan, between Republic of Korea and China, between China and Japan, between Republic Korea and U.S.A., between Republic Korea and Russia, between Russia and Japan, And there are several regional fisheries organizations existing in Northeast Asian area, for example NPAFC(Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean), CBSPC (Convention on the Central Bering Sea Pollack Conservation), PICES(North Pacific Marine Science Organization), NPFC(North Pacific Fishery Commi-ssion) etc. It analyzed the proliferation of bilateral treaties and multilateral treaties due to the adoption of the EEZ in Northeast Asia reviewed the strengthening of management rights on the high seas marine living resources and marine environment preservation of regional fisheries organizations. In view of the changes in the international fisheries mechanism this paper suggested the future direction of the country in overseas fisheries. We concluded as follows. We shall apply bilateral treaties first, regional fisheries organizations' treaties secondly, and provisions under "UNCLOS" for dispute settlement last.

A Study on Interim Measures of Arbitration - the Korea domestic perspective - (중재에서의 임시적처분에 대한 연구 - 국내 중재를 중심으로 -)

  • Choi, An-Sik
    • Journal of Arbitration Studies
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    • v.30 no.2
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    • pp.121-144
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    • 2020
  • If the interim disposition of the Arbitration Tribunal is not immediately enforceable, it will only give pressure to the other party concerned and the arbitration could work against him if the other party fails to implement it. If enforcement is impossible, the disposition will have no practical effect or practical benefit. In addition, if a system is contrary to its unique characteristics or nature, it will not function as a system or it will become an unnecessary decoration. There is no room for argument that the above provisions are wrong or misinterpreted if the temporary disposition in arbitration cannot be characterized by its characteristics, such as its provisionality, urgency, incidentality, or invasibility. As attracting international arbitration cases can create enormous added value for the national economy, countries are scrambling to create a mediating-friendly legal environment in their countries, and Korea has been more active in arbitration than in the past. Despite various efforts, however, attracting international arbitration cases is still a long way off. Therefore, Korea should create a mediating-friendly, legal environment to attract arbitration cases. There are many reasons why arbitration is activated internationally, but the most important of them is that it is easier to approve and execute. The use of the approval and execution of heavy court is, in turn, the most important requirement of a mediating-friendly environment. It is natural that temporary dispositions made in arbitration should be as easy to approve and enforce as in the case of arbitration. In addition, it is natural for the parties to consider the use of approval and execution when deciding where to mediate or when applying for arbitration; thus, the degree of ease of execution, along with the procedural use of arbitration or provisional disposition, will be a measure of the likelihood of hosting international arbitration cases, as well as the activation of arbitration.

A Study on the Seeding Mixture Improvements for the Restoration and Revegetation of the Slopes by the Thin-Layer-Soil-Media Hydroseeding Revegetation Measures (생육보조재 취부 공법에 의한 비탈면 녹화 식생배합의 적정성에 관한 연구)

  • Kim, Jung-Hoon;Heo, Young-Jin;Kim, Nam-Choon;Cheong, Yong-Moon
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.8 no.2
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    • pp.90-97
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    • 2005
  • This study aimed to address problems and suggest solutions in applying seed mixture design criterior of slope revegetation works according to the "Slope revegetation design and guidelines(proposed)" proposed by the Ministry of Construction and Transportation. To do this, a proper thickness of attaching soil media was identified in April experiment where the thickness and slopes varied. The results were as follows. In the test, the coverage rate of plot where exotic grass was not sowed increased with time and was 79.3% after three months of seeding, which indicated less risk of soil erosion. When applying the provisional standards of the plant mix proposed by the Ministry of Construction and Transportation, tree seeds and native plants were found ill in the early stage in all test lands due to exotic grass. This was because exotic grass which grew well in the early stage, could grow densely, so it might hamper the growth of other plants. When slope revegetation were planted and goals were set for herb, shrub and tree dominant mixture types, it was required to shift focus toward nursing up native plants first rather than early plantation of exotic grass.

Relationship between orders of signs and vote within parties in electing local district councilors during the 7th nationwide local election (제7회 전국동시지방선거 중 기초의원선거에서의 정당 내 기호 순서와 득표 순서의 관계 분석)

  • Kim, Hyuk Joo
    • The Korean Journal of Applied Statistics
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    • v.31 no.6
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    • pp.825-833
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    • 2018
  • We examined the relationship between the order of signs and the order of vote within parties in electing local district councilors during the 7th nationwide local election held on June 13th, 2018. We analyzed election data for respective cases that include two, three, four candidates within the same party. In most cases, the candidate with sign 'Ga' gained more than other candidates in the same party, showing a need for provisional measures. In addition, a difference in voting tendency was found between in-house voting and early outside voting when there were two candidates in the Democratic Party of Korea as well as for when there were two candidates in the Liberty Korea Party.

An Analysis of Civil Complaints about Traffic Policing Using the LDA Model (토픽모델링을 활용한 교통경찰 민원 분석)

  • Lee, Sangyub
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.20 no.4
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    • pp.57-70
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    • 2021
  • This study aims to investigate the security demand about the traffic policing by analyzing civil complaints. Latent Dirichlet Allocation(LDA) was applied to extract key topics for 2,062 civil complaints data related to traffic policing from e-People. And additional analysis was made of reports of violations, which accounted for a high proportion. In this process, the consistency and convergence of keywords and representative documents were considered together. As a result of the analysis, complaints related to traffic police could be classified into 41 topics, including traffic safety facilities, passing through intersections(signals), provisional impoundment of vehicle plate, and personal mobility. It is necessary to strengthen crackdowns on violations at intersections and violations of motorcycles and take preemptive measures for the installation and operation of unmanned traffic control equipments, crosswalks, and traffic lights. In addition, it is necessary to publicize the recently amended laws a implemented policies, e-fine, procedure after crackdown.