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China's Reorganization of Maritime Law Enforcement Administrations and ROK-China Maritime Cooperation (중국 해상법집행기관조직 개편과 한·중 해양협력)

  • Kim, Seok-kyun
    • Strategy21
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    • s.33
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    • pp.178-201
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    • 2014
  • China National People's Congress has passed the bill to combine the Marine Law Enforcement into "State Oceanic Administration People's Republic of China". This bill was intended to resolve the overlapping jurisdiction and disputes caused in ocean territory in nearby countries. The purpose of reorganizing the administration was to combine the dispersed organization into one group. This new big administration was basically organized to increase the power of China marine state on the long-term. The reorganization plan is to group General Administration of Customs, China Marine Surveillance, Fisheries Law Enforcement Command, and Border Control Department into one State Oceanic Administration. The new state Oceanic Administration carries the authority to protect rights and enforce the marine law supported by Public Security Bureau. Korea Coast Guard has been cooperating with China Marine Surveillance since 1998 when the first pact was made. The next step expanded to General Administration of Customs. Currently working with Regional Maritime Law Enforcement organizations dealing mostly with illegal Chinese fishing boats and IEODO conflict. In order to solve the problems we face today is to observe the process of the New China Coast Guard administration, analysing the effects that could be caused by the change and to keep close cooperation between the new administrations.

Political - Legal Reflections on the Two Epochal "Antique" Documents on" Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • 한국항공우주법학회:학술대회논문집
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    • 2008.05a
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    • pp.219-231
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    • 2008
  • " Analyzing on an object in the sphere of domestic law with the method of international law" has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU The historical process of the transfiguration and the mere shell is as followed .i.e.," from the ultranationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e.," THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

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A Study on the Liabilities of Wrongful Dishonor of the Issuing Bank in UCC (미국 UCC상 신용장 발행은행의 부당한 지급불이행의 책임에 관한 연구)

  • Bae, Jung-Han
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.22
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    • pp.71-106
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    • 2004
  • Todays, L/C transactions in international trade are governed by UCP 500 and eUCP. But UCP 500 and eUCP do not cover all legal problem of L/C transactions. Therefore choice of laws in international L/C transactions are occurred. U.S.A. has an enacted law (UCC ${\S}5-Letter$ of Credit) to govern L/C transaction. But other countries has no special enacted law to govern L/C transaction. The reason is that there are difference between legal attitude of U.S.A. and other countries. American law considers L/C as a special device made by merchants. Therefore U.S.A. applies UCC ${\S}5-Letter$ of Credit instead of general contract law. UCC ${\S}5-Letter$ of Credit includes provisions of warranties, remedies, and so on that UCP 500 and eUCP do not include. But the liabilities of the Issuing Bank on the wrongful dishonor in L/C transaction is very important legal problem. First, this study is to justify concepts of honor and dishonor, and sufficient conditions for dishonor of the issuing bank. in UCC. Second, this study is to examine closely the liabilities of the Issuing Bank on the wrongful dishonor in L/C transaction. Third, this study is suggest distinctive features on the Liabilities to wrongful dishonor of the issuing bank in UCC ${\S}5-Letter$ of Credit and our trader's matters to be attended to L/C transactions governed by UCC.

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Study on Legal Issues of Facility Management of Children's Swimming Pool

  • KWON, Yeon Taek;SEO, Myung Seok;SEO, Won Jae
    • Journal of Sport and Applied Science
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    • v.3 no.1
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    • pp.19-25
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    • 2019
  • Purpose: Children's swimming pools are picking up faster than the other types of swimming pool. Yet, safety law-related studies are still lack. This study is to review legal status of children's swimming pool in Korea and to discuss the related legal issues for safety management of children's swimming pool. Research design, data, and methodology: The study reviewed law and clauses for sport facility management and related legal clauses with chilren's swimming pool management, and sport facility-related articles. Results: Safety management of children's swimming pool should currently follow law for sport and physical education facility management because of no its own legal norm for children's swimming pool. Given this, specific law and clauses for children's pool management need to be legislated to prevent risks for children and to satisfy specific safety factors considering careless behavior of children. Conclusions: Regarding this, the study points out five suggestions. First, law should be established to make notification of safety rules mandatory and this notification should be placed in the pool. This notification would be better effective if it is visualized. Second, according to law, safety 7 rules of children' s swimming pool need to be legistrated and educated for pool managers to obey them. Pool managers could also add their own rules to the 7 rules. Finally, preparation of emergency kits and safety devices need to be mandatory in the pool. Further implications were discussed.

Studies on the revision and enactment of the law of cook (조리사에 관한 법 개정 및 제정에 관한 연구)

  • Kim, Sook-Hee;Han, Kyung-Soo;Chae, Young-Churl
    • Culinary science and hospitality research
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    • v.7 no.1
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    • pp.57-90
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    • 2001
  • We investigated the unequivalence of Food Sanitation law, School Foodservice law and recent reports studied about hazard analysis critical control point(HACCP) system. We also found out that cook's duties were expressed several times in the standard job classification in Korea national statistical office based by the international labor organization(ILO) since 1963, but not ever in the Food Sanitation law and School Foodservice law. Based on these investigations We propose clear expression of cook's duties in the Food Sanitation law and School Foodservice law, and enactment of regulation or law of Cook to reduce any possible food poisonings. However these proposals need to be studied and improved in many different ways for the revision and enactment of the law of cook.

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An Analytical Study on Medicine & Medical Affairs Law of Korea (우리나라 의료법규의 문제점과 개정방향)

  • Cho, Hyong-Won;Jung, Doo-Chae
    • Korea Journal of Hospital Management
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    • v.1 no.1
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    • pp.56-82
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    • 1996
  • The objectives of this research are (i) to review the legal nature of medicine & medical affairs law, (ii) to identify legal defects in terms of the adequacy and feasibility of its provisions and in terms of the structural order among related laws and acts, and (iii) to find out a rational way for revision of the law. Major findings of this research are as follows: 1) The main defects of the Medicine & Medical Affairs Law of Korea are shortcomings of provisions necessary for securing people's right as well as medical practitioner's responsibility and in adequacy to its post as a mother-law in medical fields. 2) Some provisions of the law are inconsistent with other laws and acts, especially with Health Insurance Law. 3) Medicine & Medical Affairs Law of Korea is required to be totally revised in order to keep up with situational changes and to function as a mother-law in its field. On the basis of these findings this study suggests that all the concerned parties would cooperate to renew the law into very sound feature of the mother-law in health field.

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Comparative Analysis on Author's Property Right Limitation in North & South Korea (남북한 저작재산권 권리제한에 관한 비교 분석)

  • Lee, Chan-Do
    • The Journal of the Korea Contents Association
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    • v.17 no.3
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    • pp.138-149
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    • 2017
  • The objective of this study was to investigate and analyze the problems on 'System for Author's Property Right Limitation' in the North Korean Copyright Law. The NK Copyright Law had applied the international standards superficially, it may not be considered to get out of the grand frame of NK system. Especially, it is different that there is lack or short of contents on transfer, disposition, succession, trust, and so on for Author's Property Right. For example, free usages of Literary Works upon the NK law of Author's Property Right were described as 9 cases including copy and translation for personal purpose; copy in the library, etc. However, there are many insufficient items in view of international standards among the cases, showing omissions of critical terminology such as publications of literary works, purpose of usage, scope of usage, etc. Therefore, the NK law of Author's Property Right is interpreted not to be satisfied with the requirements for the law of Author's Property Right but to be legalized in terms of external announcement, and it seems not to be considered as the Author's Property Right Law with general standards enough to demonstrate the creativity freely.

Analysis of Physical Combat Power for Unmanned Combat Aerial Vehicle (무인전투기 물리적 전투력 분석)

  • Min, Seungsik;Oh, Kyungwon
    • Journal of Aerospace System Engineering
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    • v.11 no.6
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    • pp.50-55
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    • 2017
  • The objective of this study was to use the Lanchester equation to predict the outcome of our engagement between our unmanned aerial vehicle (UAV) (Blue Group) and enemy UAV (Red Group). Lanchester's law states that the power of corps is proportional to the number of combatants. A second law states that the power of corps is proportional to the square of the number of combatants. The first law is a suitable law for guerrilla warfare while the second law is known as the law suitable for all-out war. Therefore, the second law is commonly used. The second law of Lanchester's was used in this study to predict engagement results. We estimated the battle loss rate value to win the battle as well as the required power number. We also predicted power number to make the damage of our group less than one. The battle loss rate to reliably receive victory when the enemy's UAV and the ally's UAV are equal in number of combat units must be 1: 1.5 or more.

Experimental Examination of the Beer's law for Quantitative Electron Tomography (정량적 전자토모그래피를 위한 Beer's law의 실험적 검증)

  • Kim, Jin-Gyu;Song, Kyung;Lee, Su-Jeong;Jou, Hyeong-Tae;Kim, Youn-Joong
    • Applied Microscopy
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    • v.40 no.2
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    • pp.117-123
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    • 2010
  • This study has examined experimentally the Beer's law which is a precondition for quantitative electron tomography. We used carbon support film and latex spheres, which have similar absorption coefficients with biological samples, as the test samples to take a tilt-series of images for electron tomography. First, the 3D information of carbon film and latex spheres was obtained by electron tomography. Then, the regression analysis on the relationship between the intensities of the incident and the transmitted beams in a tilt series was carried out to examine the Beer's law. The regression results with RMS error of 0.976 show the linear intensity variations of the transmitted beam as the tilt angles were increased. In addition, the relative absorption coefficients of carbon support film and latex spheres calculated experimentally through the Beer's law were 1.71 (5) and 2.67 (6)/${\mu}m$, respectively. The absorption coefficients remained constant within a full tilt range. Therefore, it is expected that quantitative electron tomography could be performed for biological samples by applying Beer's law provided the exact intensity of incident beam can be obtained under the thoroughly controlled experimental conditions.