• Title/Summary/Keyword: 국가간협정

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Status and Preservation of Cultural Relics in the Demilitarized Zone (비무장지대(DMZ) 문화유적 현황과 보전방안)

  • Lee, Jae
    • Korean Journal of Heritage: History & Science
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    • v.52 no.1
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    • pp.216-241
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    • 2019
  • There are 35 cultural properties of fourteen kinds in the Demilitarized Zone known so far, but this number is expected to increase in the future. Among them, Cheolwon-Doseong and Jeongol-Chong of Gimhwa should be the first step toward conservation efforts by conducting a joint investigation through the collaboration of North and South Korea. In particular, the joint investigation of Cheolwon-Doseong will not only remind the North and South that they are the same people who have had common history and cultural traditions for a long time, but will also give symbolic meaning to convert the demilitarized zone into a stage for peace. Since Jeongol-Chong is a mass grave of the fallen soldiers of Pyeongan Province who fought against the invasion of the Qing of China, it should be managed as a national designated cultural asset through joint investigation. In addition, the Demilitarized Zone should become a World Heritage Site because of its importance to the legacy of the Korean War, an international war caused by an ideological confrontation. Furthermore, it has more than 6,000 kinds of temperate forests in addition to 100 species of endangered species and natural monuments. The DMZ is very qualified to be a World Natural Heritage Site, and should be included as a World Complex Cultural Heritage Site that qualifies as a World Heritage and World Natural Heritage Site. In the Demilitarized Zone, we can also find numerous highlands, tunnels and posts used during the Korean War, as well as surveillance posts, a military demarcation line, barbed wire fences, and Panmunjom, which were created by the armistice agreement. it would be desirable to select some of its sections and war facilities and to register them as modern cultural heritage assets. Finally, it is necessary to reconstruct the Dorasan Signal Fire Site, which was the communication facility of a traditional era which connected the South (Dorasan) and North (Gaesong). This would symbolize smooth communication between the two Koreas. In order to prepare for the reckless development of the Demilitarized Zone due to the upcoming cease-fire, the government and cultural asset experts will have to work hard to identify and preserve the cultural properties of the Demilitarized Zone, and they will also have to maintain consistent control over matters such as indiscriminate investigation and mine clearance.

Utilizing the Idle Railway Sites: A Proposal for the Location of Solar Power Plants Using Cluster Analysis (철도 유휴부지 활용방안: 군집분석을 활용한 태양광발전 입지 제안)

  • Eunkyung Kang;Seonuk Yang;Jiyoon Kwon;Sung-Byung Yang
    • Journal of Intelligence and Information Systems
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    • v.29 no.1
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    • pp.79-105
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    • 2023
  • Due to unprecedented extreme weather events such as global warming and climate change, many parts of the world suffer from severe pain, and economic losses are also snowballing. In order to address these problems, 'The Paris Agreement' was signed in 2016, and an intergovernmental consultative body was formed to keep the average temperature rise of the Earth below 1.5℃. Korea also declared 'Carbon Neutrality in 2050' to prevent climate catastrophe. In particular, it was found that the increase in temperature caused by greenhouse gas emissions hurts the environment and society as a whole, as well as the export-dependent economy of Korea. In addition, as the diversification of transportation types is accelerating, the change in means of choice is also increasing. As the development paradigm in the low-growth era changes to urban regeneration, interest in idle railway sites is rising due to reduced demand for routes, improvement of alignment, and relocation of urban railways. Meanwhile, it is possible to partially achieve the solar power generation goal of 'Renewable Energy 3020' by utilizing already developed but idle railway sites and take advantage of being free from environmental damage and resident acceptance issues surrounding the location; but the actual use and plan for these solar power facilities are still lacking. Therefore, in this study, using the big data provided by the Korea National Railway and the Renewable Energy Cloud Platform, we develop an algorithm to discover and analyze suitable idle sites where solar power generation facilities can be installed and identify potentially applicable areas considering conditions desired by users. By searching and deriving these idle but relevant sites, it is intended to devise a plan to save enormous costs for facilities or expansion in the early stages of development. This study uses various cluster analyses to develop an optimal algorithm that can derive solar power plant locations on idle railway sites and, as a result, suggests 202 'actively recommended areas.' These results would help decision-makers make rational decisions from the viewpoint of simultaneously considering the economy and the environment.

A Study on the Meaning of Outer Space Treaty in International Law (우주조약의 국제법적 의미에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.223-258
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    • 2013
  • 1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

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A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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