• Title/Summary/Keyword: the laws of war

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A study on the analysis of cyber warfare using Clausewitz's trinity theory (클라우제비츠의 삼위일체론을 통한 사이버공간 전쟁 해석 연구)

  • Lee, Hanhee;Kang, Ji-Won
    • Convergence Security Journal
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    • v.18 no.2
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    • pp.41-47
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    • 2018
  • Theorists of war have often used Clausewitz's trinity theory as a framework for analyzing war strategies and histories. Heretofore, studies on cyber warfare have focused primarily on laws, policies, structuring organizations, manpower, and training pertaining to preparing the cyberspace for war. Currently, studies highlighting the comparative characteristics of war in cyberspace, how it differs from conventional warfare, and analytical frameworks for understanding war in cyberspace are rare. Using Clausewitz's trinity theory, this paper interprets the essence of war from the perspectives of (1) Intellect, (2) Bravery, and (3) Passion, to propose an analytical model for understanding war in cyberspace, one that factors in the intrinsic qualities and characteristics of cyberspace under spatial and temporal constraints. Furthermore, this paper applies the aforementioned analytical model to the Iraq War and concludes with a theoretical illustration that cyber warfare played a significant role in winning the war.

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The Five Laws of Library Science from a Japanese Angle

  • Takeuchi, Satoru
    • Journal of the Korean Society for Library and Information Science
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    • v.45 no.4
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    • pp.287-295
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    • 2011
  • The Five Laws of Library Science was introduced into Japan in 1935. After World War II, it was widely disseminated among young librarians by the education for librarianship developed in the 1950's. Its concept, "Books for All," met a serious opposition from local authorities based on their long continued concept of "preservation." After they realized that people eagerly use local libraries, they interpreted that the duty of public library was "lending books." They introduced "Privatization" of libraries into quite a few local libraries in order to save money. For overcoming problems, it is important to disseminate the library concept among the public, the assembly members and government officials planning to change their attitude of disregarding libraries. As the fundamental library philosophy, the Five Laws of Library Science is important. In the commentary of the Five Laws written by the present writer, he included an illustration of triangle pyramid showing the structure of the Five Laws. He included here the spiral of study on the library and the library science, based on the Section 814 of the Five Laws. He welcomes discussions on his Japanese angle from different viewpoints in order to develop further understanding of the Five Laws.

A Study on the international legality issues of armed attack by drone (무인항공기의 무력공격을 둘러싼 국제법상 쟁점에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.37-61
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    • 2013
  • In modern international law, the absence of legal definition regarding drone(Unmanned Aerial Vehicle) has made legal scholars work on an typical analogy between aircraft codified in the international document and drone. The wording of the Convention on International Civil Aviation is limited to two categories of aircraft, such as civil aircraft and state aircraft, whereas military aircraft is not legally defined. As such it is, the current practices of the State regarding the drone flight over foreign territory have proven a hypothese that drone is being deemed as military aircraft. Principal usage of drone lies in reconnaissance and surveillance mission as well as so-called targeted killing, which is prohibited if the killing is treacherous. Claimed war against terrorism, however, is providing a legal rationale that targeted killing is not treacherous, and that the targeted person is not civilian but combatant. In such context, armed attack of drone is deemed legal and justified. Consequently, such attack is legal in the general context of the war. The rules that govern targeting do not turn on the type of weapon system used, and there is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict so long as they are employed in conformity with applicable laws of war. Drones may present interesting new challenges because of their sophistication and the technological advantage they convey to their operators.

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A Scientific Consideration of Military Thought (군사사상의 학문적 고찰)

  • Jin, Seok-Yong
    • Journal of National Security and Military Science
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    • s.7
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    • pp.1-24
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    • 2009
  • This article deals with military thought in general. First I tried to distinguish 'thought' from 'theory', 'philosophy', and 'principle'. Thought means the act of thinking about or considering something, an idea or opinion, or a set of ideas about a particular subject, e.g. military affairs in the present discussion. Theory means a formal statement of the rules on which a subject of study is based or of ideas which are suggested to explain a fact or event or, more generally, an opinion or explanation. Philosophy means the use of reason in understanding such things as the nature of reality and existence, the use and limits of knowledge. Principle means a basic idea or rule that explains or controls how something happens or works. Chapter 3 summarized the characteristics of military thoughts into five points', (i) it is closely related with concrete experiences of a nation; (ii) it includes philosophical and logical arguments; (iii) it relies heavily on the political thought of a nation; (iv) it includes necessarily value-judgments; (v) it contains visions of a nation which are not only descriptions or explanations of military affairs, but also evaluations and advocacies. Chapter 4 considers the relation of international political thoughts to military thought. Throughout the history of the modem states system there have been three competing traditions of thought: the Hobbesian or realist tradition, which views international politics as a state of war; the Kantian or universalist tradition, which sees at work in international politics a potential community of mankind; and the Grotian or internationalist tradition, which views international politics as taking place within an international society. Chapter 5 considers the law of war, which is a body of law concerning acceptable justifications to engage in war (jus ad bellum) and the limits to acceptable wartime conduct (jus in bello). Among other issues, modem laws of war address declarations of war, acceptance of surrender and the treatment of prisoners of war, military necessity along with distinction and proportionality, and the prohibition of certain weapons that may cause unnecessary suffering.

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A Study on the Direction of System Improvement for the Utilization of Residential Spaces of the Emergency Evacuation Facilities in Responding to War (비상대피시설의 거주 공간 활용을 위한 제도 개선 방향 설정에 관한 연구)

  • Kim, Yujin;Hwang, Eunkyoung;Ham, Eungu
    • Journal of the Society of Disaster Information
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    • v.9 no.1
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    • pp.78-86
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    • 2013
  • Caused by the Cheonanham attack and the Yeonpyeongdo bombardment occurred a few years ago, and the recent North Korea's nuclear test, the war crisis between South and North Korea has been increasing. Accordingly, an interest in obtaining a temporary residential space, for the case of the outbreak of war, where people can reside safely over a period of time has been escalating. However, in the disaster relief planning guidelines of the National Emergency Management Agency, the standards on the temporary residential spaces in preparation for storm and flood or earthquake are included, but the standards on the ones in responding to war are not yet equipped. In particular, the standards on the underground temporary residential spaces that can accommodate massive victims should be developed in preparation. In this study, through a requirements analysis based on the survey of war victims and a comparative analysis between disaster-related laws and regulations, the direction of relevant system improvement for the utilization of temporary residential spaces in responding to war is established.

Changes in the Law Regulating Contraband of war under the Law of Neutrality and Implications for the Korean Peninsula (중립법상 전시금제품 제도의 변천과 한반도에서의 함의)

  • Park, Ji-hong
    • Maritime Security
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    • v.8 no.1
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    • pp.41-71
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    • 2024
  • In international armed conflict, 'the contraband of war' under 'the law of neutrality' was developed to balance the interests of belligerents' belligerent rights and neutrals' economic interests and it began to change and evolve with the development of trade in the 19th century. The scope of material control expanded during the First and Second World Wars and continues to this day. In particular, a trend toward preventing the military use of 'conditional contraband' that could be used for both military and civilian purposes. In the process, the law regulating contraband of war expanded conceptually to become an 'international export control system' led by international organizations. Today, the contraband of war is still in effect, but there are no laws or guidelines related to the contraband of war in Korea in case of an emergency for the Korean Peninsula. Considering that it is an international practice to create and publicize a list of the contraband of war, it is necessary for Korea to prepare for it. Therefore, this paper examines the historical origins and development of the law regulating of war under the law of neutrality and examines the state practice of the contraband of war control over time. In doing so, this paper will examine the implications of the law regulating contraband of war for the Korean Peninsula through changing in the law regulating contraband of war and state practice.

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Control of metal resources and development of substitute materials for building materials by Japan after the Second Sino-Japanese War (중일전쟁 이후 일제의 금속자원 통제와 건축자재 대용품 개발)

  • Hong, Kyung-Hwa;Han, Dong-Soo
    • Journal of architectural history
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    • v.31 no.4
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    • pp.7-16
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    • 2022
  • Since the beginning of the second Sino-Japanese war in 1937, the entire Korean Peninsula has entered a full-fledged wartime system. Japan enacted laws that strongly regulate the distribution of various resources for war, and the same was implemented in Joseon. In particular, as iron, copper, lead, tin, and aluminum were mobilized as raw materials for military supplies such as weapons, private distribution decreased significantly, which had a great impact on the construction industry. As the use of metal such as steel as building materials requires permission from the provincial governor, it has become difficult to supply and demand except for some military facilities. In addition, the Japanese Ministry of Commerce and Industry encouraged research and development and manufacturing to promote the so-called "substitute goods industry" to make up for the shortage of supplies. Products with improved performance through chemical treatment by injecting only a small amount of the same raw material than before or using alternative raw materials have been developed. It was intended to overcome the limitations of lack of raw materials through the chemical industry. In terms of building materials, various substitutes were produced due to the incorporation of petrochemicals and the use of synthetic resins. This trend continued even after the end of the war and served as one of the backgrounds for R&D and production of new materials without returning to the "substitute goods."

Legal Status of Space Weaponization (우주공간에서의 무기배치와 사용의 법적 지위)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.247-276
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    • 2017
  • The protection of space asset has been new major cause of space militarization. For such purpose, it has been officially announced that a policy of deterring and denying any adversaries from accessing the outer space. Space militarization is to be conversed into a new concept of space weaponization. The USA has announced its policy of space weaponization, while China and Russia have not revealed their plan or policy. Latter States, however, have proposed a draft treaty limiting the deployment of warfare in the outer space. The terms of the Outer Space Treaty, reflecting three significant United Nations General Assembly resolutions from the 1960s, support the position that ground rules must be observed in the exploration and the use of outer space, particularly in the absence of specific space law rules. Yet the combination (and culmination) of these two approaches to the legal regulation of outer space-specific rules as and when agreed by the international community and the translation of principles developed for terrestrial regulation to outer space-still leaves much room for uncertainty and exploitation for military and strategic purposes. As space weaponization may contribute to deterring the use of weapon, it may be not against the UN Charter Article 2(4). If space weaponization might generate the space debris such that the outer space is no more available for exploration and use, it is against the proportionality principle and discrimination principle enshrined in the laws of the war. But, if the limitation upon the kind and use of space weaponization is agreed among the States, then the space weaponization may not be against the laws of the war, and be considered permissible within the rationale of limited war.

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A Proposal to Change Welfare Policy Principles for Agent Orange Exposed Korean Veterans (고엽제 피해자에 대한 국가 보상 현황 및 보훈 정책 원리 수정 제안)

  • Chung, Injae
    • Journal of Environmental Health Sciences
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    • v.40 no.2
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    • pp.157-170
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    • 2014
  • Objectives: Agent Orange TCDD has been related to serious diseases among Korean veterans who were exposed to it. Decades after the end of the war, however, its effects are still being debated. The object of this study was to examine various unmet needs raised among Agent Orange exposed veterans and their families and to find grounds of a new welfare policy for providing alternative legislation. Methods: Literatures concerning Agent Orange, TCDD, the associated diseases, compensation for veterans and Supreme Court sentencing were searched using PubMed, ProQuest, press news and relevant homepages. Results: Agent Orange exposed veterans are eligible for various benefits from the government, including disability compensation for diseases associated with exposure. The Ministry of Patriots and Veterans Affairs has classified certain diseases into two categories, Agent Orange sequela diseases and sequela suspect diseases and has provided differential benefits based on separated laws. Big differences exist in benefits to veterans and their families between the two laws. The absence of definite standards to classify the Agent Orange associated diseases was confirmed by recent Supreme Court sentencing which ruled in favor of US manufacturers. Conclusion: It appears that the evidence for cause and effect of Agent Orange related diseases would never be perfect. The results suggest a need to change welfare principles from presumptive or indefinite disease basis to exposure experiences combined with integrated disability evaluation. We propose to extend eligibility by enacting a new law for Agent Orange exposed Korean veterans.

Legitimacy of the wartime maritime blockade of the Korean Peninsula : Focusing on the response to ships in neutral countries (전시 한반도 근해 해상봉쇄의 합법성: 중립국 선박에 대한 대응을 중심으로)

  • Park, Hyun-rok
    • Maritime Security
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    • v.5 no.1
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    • pp.85-112
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    • 2022
  • The maritime blockade has long been used as a means of war in that it serves as a bridge for economic warfare by paralyzing enemy maritime transport, although it is not a decisive battle, and in the Korean War, U.N. forces have achieved significant results in the war with limited maritime blockade through the Clark Line. However, with China emerging as a maritime powers based on its strong naval power, there is a lack of consideration on how to set up a blockade to block maritime activities and how to respond neutral ships or carrying wartime contraband products if war breaks out again on the Korean Peninsula, In addition, since maritime blockade should be used as a sensitive and flexible naval force projection in that it has interests with neutral countries, it should be carefully reviewed in that it can be used only through careful and reasonable judgment considering the principle of ensuring the legality of maritime blockade Therefore, in this study, Reexamine the process of change in the application of the International Law of Blockade, and through this, Derive the basic principle of ensuring the legitimacy of maritime blockade. In addition, by reviewing the application of these basic principles in the waters off the Korean Peninsula at wartime, we presented answers to research questions by reviewing what needs to be done to neutral ships and ships carrying wartime contraband products, and considered the implications for us

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