• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.30 no.1
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• pp.14-21
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• 2012

The object of the study, Yousang-Dae(流觴臺) and engraved Go broad text on the flat rock in Gangneung-si Yungok-myun Yoodung-ri Baemgol, reveals that the place was for appreciating arts like Yusang Goksu and Taoist hermit's games. three times of detail reconnaissance survey brought about the results as follows. There is a the text, Manwolsan(滿月山) Baegundongcheon(白雲洞天), engraved on the rock in Baegunsa(白雲寺) that had been built by Doun at the first year of King Hungang(in 875) of the United Shilla, became in ruins in the middle of Joseon, and then was rebuilt in 1954. The text is an invaluable evidence indicating that the tradition of Taoist hermit and Sunbee(classical scholars) culture has been generated in Baemgol Valley. According to the 2nd vol. of Donghoseungram(東湖勝覽), the chronicle of Gangneung published by Choi Baeksoon in 1934, there is a record saying that 'Baegunsa in Namjeonhyeon is the classroom where famous teachers like Yulgok Lee Yi or Seongje Choi Ok were teaching' that verifies the historic property of the place. In addition, the management of Nujeong(樓亭) and Dongcheon can be traced through Baegunjeong(白雲亭) constructed by Kim Yoonkyung(金潤卿) in Muo year, the 9th year of Cheoljong(1858) according to Donghoseungram and the completed version of Jeungboyimyoungji(增補臨瀛誌). Also, Baegundongdongcheon(白雲亭洞天), the text engraved on the standing stone across the stream from Yousang-Dae stone, was created 3 years after the Baegunjeong construction in the 12th year of Cheoljong(1861), which refers a symbolic sign closely related with Yousang-Dae. Based on this premise and circumstance, with careful studying the remains of 'Yusang-dae' Goksuro, we discovered that the Sebun-seok(細分石) controling the amount and the speed of moving water and the remains of furrows of Keumbae-soek(擒盃石) and Yubae-gong(留盃孔) containing water stream with cups through the mountain stream and rocks around Yusang-Dae. In addition, as 21 people's names engraved under the statement of 'Oh-Seong(午星)' were discovered on the bottom of the rock, this clearly confirms that the place was one of the main cultural footholds of tasting the arts which have characteristics of Yu-Sang-Gok-Su-Yeon(流觴曲水宴) until the middle of the 20th century. It implies that the arts tasting culture of Sunbees had been inherited centering on Yusang-dae in this particular place until the middle of the 20th century. It is necessary to be studied in depth because the place is a historic and unique cultural place where 'Confucianism, Buddhism, and Zen'were combined together. Based on the result of the study, the identification of 23 people as well as the writer of Yusang-Dae text should be carefully studied in depth in terms of the characteristics of the place through gathering data about appreciation of arts like Yusanggoksu. Likewise, we should make efforts to discover the chess board engraved on the rock described on the documents, thus we should consider to establish plans to recover the original shape of the place, for example, breaking the cement pavement of the road, additional excavation, changing the existing route, and so fourth.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.3-30
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• 2011

According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.