• Title/Summary/Keyword: space norms

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A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • 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.

A Study on the Spatial Structure and landscape techniques of the Central Government Office(中央官衙) reviewed through the 'Sukchunjeado(宿踐諸衙圖)' ('숙천제아도(宿踐諸衙圖)'를 통해 본 조선시대 중앙관아의 공간구조와 조경기법)

  • Shin, Sang-sup;Kim, Hyun-wuk;Park, Young-kwan
    • Korean Journal of Heritage: History & Science
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    • v.47 no.3
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    • pp.42-59
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    • 2014
  • Han Pilgyo (1807~1878) was a scholar-official in the later period of the Joseon Dynasty. The research results on spatial structure and landscape techniques of the central government office reviewed through the Sukcheonjeado(宿踐諸衙圖) album collection edited by Han Pilgyo are as follows. First, Sukcheonjeado(宿踐諸衙圖) using Sabangjeondomyobeob(四方顚倒描法, a Korean traditional drawing type) is uniquely proven historical data which helps to understand the spatial structure of the center and local government offices and the characteristics of cultural landscape. Secondly, the central government office located in Yookcho(六曹) Street which is the outside Gwanghwamun(光化門) of the Main Palace(Gyeongbokgung, 景福宮) of the Joseon Dynasty has a center facility(Dangsangdaecheong, 堂上大廳) and attached buildings which are distributed from high to low or from left to right, according to its order of presidency in square-shaped portion of land. The main building was located facing south and by considering the administrative convenience, the environmental effect and the practice of Confucian norms this structure reflects a hierarchical landuse system. Thirdly, the main buildings such as Dangsangdaecheong and Hyangcheong(鄕廳), which are the working place for government officials had large square front yards for constructing a practical patio garden. The back garden was tended to reflect the meaning landscape, with such as pond and pavilion. A particular point was the repeated crossing of active space and passive space(movement and stillness, building and yard, yard and garden), which implements the Yin-Yang principle. Fourth, the characteristics that can be extracted from the central government office landscapes are (1) expandability of outdoor space, connects of front gardens, emphasizes the characteristic of serviceable gardens and back gardens, which in turn emphasizes scenic sides, (2) introduction of water features(square-shaped ponds) that can be used as fire-water and considers environmental-amenity and landscape characteristics, (3) introduction of pavilions for relaxation, mental and physical discipline, and the development of back gardens, (4) significance of Jeongsimsoo(庭心樹) in such things as selection of concise landscape plants like lotus, willow, pine, zelkova and so on, and limited plant introduction, (5) environmental design techniques which set importance on not only aesthetics and ideality but also practical value. Thus, these aspects of the government office landscape can be said to be the universality and particularity of Korean traditional landscape technique and can be extracted similarly in the palaces, temples, lecture halls, and houses of the upper class of the Joseon Dynasty.

Study on Determinants of Intention to Watch Movie Applying the Theory of Planned Behavior: Focused on Role of Presentation Format of Movie Poster (계획행동 이론을 적용한 영화관람 의도의 결정요인에 관한 연구: 영화포스터 표현형식의 조절역할을 중심으로)

  • Jo, Sung geun;Kim, Jong Geun
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.10 no.6
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    • pp.177-186
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    • 2015
  • This study is related to determination of the intention to watch a movie, which is affected by various emotional, environmental, and behavioral factors. In case of personal factors, personal taste formed on the basis of previously experienced movie related information affects selection of movies, while environmental factors are affected mostly by residental community experience, cognitive attitude, subjective norms, as well as the view of values. In this study, the determinants on decision to watch movie have been analyzed applying the theory of planned behavior. Taking into consideration that the determination, based on either personal factors or environmental factors, of consuming movie products stars from reasonable information collecting and that movie poster has been the primary source of information on movie products since the inception of the movie industry, this study analyzed tastes of movie watchers and many variables of movie poster format on determination of intention to watch movie. The results from this empirical study indicate that movie poster is effective means of low cost marketing inducing movie watching in terms of consuming minimum time and space with high speed of delivery while satisfying primary interest on the movie product. It is suggested movie posters should be prepared to make appeal to each generation of target consumers and be put on the market as a product of artistic work.

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The process of modernization of Geomundo during Japanese colonial period : focused on social structure (일제강점기 거문도 근대화 과정 -사회구조를 중심으로 -)

  • Park, Min Joung;Park, Soon Ho
    • Journal of the Korean association of regional geographers
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    • v.22 no.1
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    • pp.36-48
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    • 2016
  • This paper analyzed the process of modernization in terms of the social structure in Geomundo. Before modernization, social structure in Geomundo was traditional society by a village unit. A village had community rituals and organization. There were independent parallel spatial structure among villages. In the early Japanese colonial period, 'forced modernization' had been occurred by Japanese immigrants settling in a separate living space. The modernization was transplanted in a new established village and diffused into other villages. In the process of forced modernization, the connection among villages was reinforced, as the result of that modern social organization was emerged, and the characteristics of community rituals had been changed. During modernization indigenization period, advanced fishery technology and distribution system occurred capitalist production system helping to place modern norms in the general daily life. In the late Japanese colonial period, aided organizations from local government and informal organizations reversed the trend of modernization through helping colonial exploitation policy. The spatial structure in Geomundo had become to hierarchical structure with intensified connectivity as the result of extensive spread of community territory. Modernization in Japanese colonial period was 'forced modernization' and could not re-established the community spirits. The community spirit has been broken up by dissolving the existing self regulating and self motivated organization.

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Character of constructed group for Wooden chamber tomb of the Three kingdoms in Yaksa-dong Bukdong archaeological site, Ulsan (울산 약사동 북동유적 삼국시대 목곽묘 축조집단의 성격)

  • Choi, Soo-Hyeong
    • Korean Journal of Heritage: History & Science
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    • v.48 no.2
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    • pp.4-29
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    • 2015
  • This article considered generally gradational change aspect, character of community for the tombs of the Three kingdoms prepared by some certain homogenous groups. It was completed by tracing the transfering process to grasp character of social structure and organizing System in the community. For this reason, it's analyzed that Wooden chamber tomb was formed in some certain Time-Space of the Yaksadong Buk-dong archaeological site in the Three Kingdom Period. Constructed group was distinguished by the five classes. So perhaps scale of Wooden chamber and sort, material of burial relics, the top layer and the upper layer were established two status those are active the ruling class led the Wooden chamber tomb's society, the general public hold a large majority from the middle class to the lowest class. And it depends on age(nonage-adult) that differed in relation of arrangement, character. It's changed with function or roles, property, purpose etc. of social community in accordance with these individual position, age. Received signification, value of social status were considered with social worth, faith. Members in a community had been conducted under premeditated, organised system for common target, relatedness. Also it seems to attempt organization's own maintenance, persistiveness in norms that given at common law. To do that, relation for combination between members who consisted systems had to be organic. The relation for combination was considered to form relation for the much larger community in based on blood relationship that most vital part. One social structure had established family(house, household) community in based on individual blood relationship, family communities gather up to develop into relative(blood relative, same race) community gradually. Furthermore, relative(blood relative, same race) communities, that focus on the public good gather up to develop into social community in based on regionalism. It's considered to go through the Development Process of family(house, household) community - relative(blood relative, same race) community - social community.

An Analysis of Gender Mainstreaming in the Urban Policies of Mexico (멕시코 도시정책의 젠더주류화 전략분석)

  • Jung, Sang-Hee
    • Iberoamérica
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    • v.22 no.1
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    • pp.31-72
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    • 2020
  • This study examines the concepts and policy factors regarding gender-mainstreaming strategies and urban areas that have been discussed in the fields of international norms and development cooperation from the perspective of the Mexican government. It analyzes how gender-mainstreaming strategy is integrated and realized through Mexican law and key programs carried out by Mexico City. Through a literature review, this study builds upon previous research and theoretical discussions. In fact, Mexican federal government is considered to have successfully achieved "gender institutionalization." Within the framework of the law and institutions, the programs promoted by Mexico City aim to realize women's rights and meet their needs in the metropolis, while emphasizing a wider participation by citizens to realize these urban rights. In particular, the government of Mexico City is expanding on policies and programs that focus on strengthening the financial autonomy of women by understanding women's vulnerabilities as inequalities arising in the areas of the economy, space, and time.

Changes of International Aviation Regimes (국제항공 레짐의 변화)

  • Lee, Jong-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.55-89
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    • 2003
  • What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

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The Legal Status of Military Aircraft in the High Seas

  • Kim, Han Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.201-224
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    • 2017
  • The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (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 aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the 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 by military aircraft. According to the Article 110 of the 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 unauthorized 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. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

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The Study on The Cyber Communities of Migrant Workers in Korea (한국 이주 노동자의 '사이버 공동체'에 관한 연구)

  • Lee, Jeong Hyang;Kim, Yeong Kyeong
    • Journal of the Korean association of regional geographers
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    • v.19 no.2
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    • pp.324-339
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    • 2013
  • This study aims to investigate the characteristics of cyber communities composed of migrant workers from communities without propinquity in Korea. Its methods are both qualitative and quantitative. It further seeks to discover the relationship between the social capital formed and reproduced within these cyber communities and participants' cultural adaptation to Korean society. The study revealed that ethnic and non-ethnic communities differed in terms of strength of cohesion, space constraints, and links with the outside world. The former showed characteristics of a localized community type. The main motivations for migrant workers' participation in the ethnic cyber community were communication and friendship rather than cooperation and sharing among members. They usually used cyber communication media to communicate with one another. Conversely, the latter showed characteristics of an integrative type. Despite the difficulties in applying for membership and information provided in Korean, a high percentage of migrant workers participated in the community to obtain crucial information. The results did not show a significant correlation between social capital and migrant workers' traits within the cyber community, while a strong correlation emerged among four factors of social capital: faith, norms, networking, and political participation. The study showed that social capital in the cyber community was in direct proportion to an integrative type of cultural adaptation to Korean society. In particular, there was a strong connection between the cultural adaptation exhibited by members of the migrant subculture and their participation in discussions on political issues and human rights, with some migrants even functioning as agents of social change as participants in citizens' movements. The findings suggest that the cyber community facilitates the migrant subculture's communication with and integration into the indigenous Korean culture. Migrant workers' participation in the cyber community is therefore validated as an instrumental practice for members of this subculture to adapt to Korean society.

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A Study on the Adaptation and Change of Amusement Culture on the Case of Wolmido Pleasure Ground during the Japanese Colonial Era (일제강점기 월미도유원지를 통한 행락 문화의 수용과 변화에 관한 연구)

  • Kim, Jeoung-Eun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.42 no.5
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    • pp.134-147
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    • 2014
  • Pleasure grounds, which were introduced during the Japanese colonial era, were places for organizing new amusement activities, and developed into a large-scale private spaces and a new type of public space at the same time. This study explores the scenery and accommodations of pleasure grounds and the changes of the amusement culture through the Wolmido Pleasure Grounds, which was a typical pleasure grounds of the time. At that time, Wolmido became a comprehensive amusement/entertainment place with many elements of both Western and Japanese pleasure grounds such as exotic buildings harmonized with trees, a beach, a seaside school, public playing field, and zoo constructed on the Island. Wolmido Pleasure Ground, which was connected with Kyungsung by Kyungin railroad during the Japanese colonial era, is a good example showing the process of the popularization and commercialization of the amusement culture. The process of popularization of amusement shows the spreading of the enjoyment of leisure time with amusement activities through appreciating the beautiful scenery of the pleasure grounds among various social classes. The caste system was broken and anyone could use the pleasure grounds by paying the fee, of which there were many kinds, so the distinction between genders and the different classes, such as the Chosun people and Japanese, regarding amusement in pleasure grounds disappeared gradually. Also, pleasure grounds were a place for Western hobby-sports activities and were the means to generalize collective and dynamic activities through summer school and various sport games. At the same time, there were places for deviation from the existing social norms when it was combined with entertainment facilities. The commercialization of amusement took place in the form of an artificial entertainment culture within an artificial environment. First, the scenery was artificially constructed and this scenery created the image of paradise such as 'captivating summer vacation spot' and 'water kingdom'. This was the result of the combined intentions of the colonial authority, the railroad company and the amusement corporation to produce economic profits and encourage development in the area. Second, an artificial spectacle was constructed using nature as the backdrop. Buildings of various styles created a modernized and exotic image when they were combined with each other. Artifacts such as breakwaters and arcades created new attractions for people that enabled them to view both nature and the crowds from a whole different perspective. Third, pleasure grounds contributed to the advent of passive users who would just follow the given use and instructions. In this way, one can find the prototype of popular entertainment places of today such as sightseeing complexes, amusement parks, and theme parks through the construction of amusement grounds as a place for providing dynamic activities.