• Journal of Legislation Research
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• no.55
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• pp.57-94
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• 2018

Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

• Strategy21
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• s.46
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• pp.239-276
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• 2020

The failure of early economic sanctions aimed at hurting the overall economies of targeted states called for a more sophisticated design of economic sanctions. This paved way for the advent of 'smart sanctions,' which target the supporters of the regime instead of the public mass. Despite controversies over the effectiveness of economic sanctions as a coercive tool to change the behavior of a targeted state, the transformation from 'comprehensive sanctions' to 'smart sanctions' is gaining the status of a legitimate method to impose punishment on states that do not conform to international norms, the nonproliferation of weapons of mass destruction in this particular context of the paper. The five permanent members of the United Nations Security Council proved that it can come to an accord on imposing economic sanctions over adopting resolutions on waging military war with targeted states. The North Korean nuclear issue has been the biggest security threat to countries in the region, even for China out of fear that further developments of nuclear weapons in North Korea might lead to a 'domino-effect,' leading to nuclear proliferation in the Northeast Asia region. Economic sanctions had been adopted by the UNSC as early as 2006 after the first North Korean nuclear test and has continually strengthened sanctions measures at each stage of North Korean weapons development. While dubious of the effectiveness of early sanctions on North Korea, recent sanctions that limit North Korea's exports of coal and imports of oil seem to have an impact on the regime, inducing Kim Jong-un to commit to peaceful talks since 2018. The purpose of this paper is to add a variable to the factors determining the success of economic sanctions on North Korea: preventing North Korea's evasion efforts by conducting illegal transshipments at sea. I first analyze the cause of recent success in the economic sanctions that led Kim Jong-un to engage in talks and add the maritime element to the argument. There are three conditions for the success of the sanctions regime, and they are: (1) smart sanctions, targeting commodities and support groups (elites) vital to regime survival., (2) China's faithful participation in the sanctions regime, and finally, (3) preventing North Korea's maritime evasion efforts.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.281-313
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• 2016

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution and one of them is to prohibit the operation of multiple medical institutions In the past, there was a provision stipulating the same purpose. But because the Supreme Court interpreted that several medical institutions could be opened if the medical treatment was not made at the additional medical instition which was opened in the another doctor,s license, multiple medical institutions could be opened and operated. However, some health care providers opened the several medical institutions to another doctor's license just by the excuse of the business management and then did illegal medical cares like the unfair luring of patients, overtreatment, and commition treatment for more profits. So, the health rights of the people came to be infringed on. Accordingly, lawmakers amended the Medical Law for medical personnel not to open and to operate more than one medical institution. As the amended medical law prohibited a medical personnel to open multiple medical institution, some medical personnels insisted that the amended medical law is unconstitutional under which they could not be able to open and operate medical institutions on based on free investment and bring out the benefits of network hospitals. But the regulation to prohibit multiple institutions does not apply only to a medical personnel. Many other experts like lawyer and pharmacist can open only one office under such a restriction. If the regulation goes out of force, the procedure that multiple medical institutions should be opened and operated in the capacity as a medical corporation or a non-profit corporation does not have to be followed. And we should keep in mind that the permission for medical personels to open multiple medical institutions could lead virtually to commercial hospital. If in the nation with a very low rate of public medical service, If only a few medical personnels with capital own many medical institutions and operate commercially them, this could cause a falling-off in quality of medical service, ultimately infringe on the health rights and the life right of the people.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.65-92
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• 2011

Die soeben entwickelten Grundgs$\ddot{a}$tze k$\ddot{o}$nnen dazu f$\ddot{u}$hren, dass es bei Fluggesellschaften zum Abschluss mehrerer Tarifvertr$\ddot{a}$ge $\ddot{u}$ber Personalvertretungen durch verschidene Gewerkschften kommt. Dies leitet schlie${\ss}$lich zu der bereits angesprochenen Problematik der Tarifkonkurrenz $\ddot{u}$ber. Tarifkonkurrenz zeichnet sich bekanntlich dadurch aus, dass f$\ddot{u}$r dasselbe Rechtsverh$\ddot{a}$ltnis dieselbe Regelungsmaterie durch mehr als einen Tarifvertrag geregelt wird. Eine solche Tarifkonkurenz kann unabh$\ddot{a}$ngig von der Frage, ob Regelungsgegenstand betriebsverfassungsrechtlicher Normen ein betriebliches Rechtsverh$\ddot{a}$ltnis ist, auch bei dieser Art von Tarifnormen auftreten. Dabei betriebsverfassungsrechtlichen Kollektivnormen gem$\ddot{a}{\ss}$ $\S$3 Abs. 2 TVG die Tarifbindung des Arbeitgebers f$\ddot{u}$r die Anwendungsbarkeit gen$\ddot{u}$gt, wird beim Vorhandensein mehrerer solcher Tarifvertr$\ddot{a}$ge h$\ddot{a}$ufig pauschal von einer in jedem Fall aufzul$\ddot{o}$senden tarifkonkurrenz gesprochen. $\ddot{U}$berschneiden sich die Geltungsbereiche mehrerer Tarifvertr$\ddot{a}$ge $\ddot{u}$ber personalvertretungsrechtliche Fragen der im Luftbetrieb t$\ddot{a}$tigen Besch$\ddot{a}$ftigten und handelt es sich nicht um textidentische Regelungen, f$\ddot{u}$hrt indes kein Weg daran vorbei, dass eine Tarifkonkurenz besteht, die einer Aufl$\ddot{o}$sung bedarf. Die Rechtsprechung hat sich zur speziellen Fragen der Aufl$\ddot{o}$sung einer Konkurrenz betriebsverfassungsrechtlicher Tarifnormen soweit ersichtlich noch nicht ge$\ddot{a}$u${\ss}$ert. Nicht zuletzt aus diesem Grund wird in der Literatur ein buntes Spektrum an L$\ddot{o}$sungen pr$\ddot{a}$sentiert, wobei sich die meisten neueren Stellungnahmen vor allem mit Organisationstarifvertr$\ddot{a}$gen im Sinne von ${\S}$3 BetrVG besch$\ddot{a}$ftigen.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.205-236
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• 2010

This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.349-384
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• 2013

The Sputnik 1 launching in 1957 made the world recognize the necessity of international regulations on space development and activities in outer space. The United Nations established COPUOS the very next year, and adopted the mandate to examine legal issues concerning the peaceful uses of outer space. At the time, the military sector of the U.S.A. and the Soviet Union were in charge of the space development and they were not welcomed to discuss the prohibition of the military uses of outer space at the legal section in the COPUOS. Although both countries had common interests in securing the freedom of military uses in outer space. As the social and economic benefits derived from space activities have become more apparent, civil expenditures on space activities have continued to increase in several countries. Virtually all new spacefaring states explicitly place a priority on space-based applications to support social and economic development. Such space applications as satellite navigation and Earth imaging are core elements of almost every existing civil space program. Likewise, Moon exploration continues to be a priority for such established spacefaring states as China, Russia, India, and Japan. Recently, Companies that manufacture satellites and ground equipment have also seen significant growth. On 25 February 2012 China successfully launched the eleventh satellite for its indigenous global navigation and positioning satellite system, Beidou. Civil space activities began to grow in China when they were allocated to the China Great Wall Industry Corporation in 1986. China Aerospace Corporation was established in 1993, followed by the development of the China National Space Administration. In Japan civil space was initially coordinated by the National Space Activities Council formed in 1960. Most of the work was performed by the Institute of Space and Aeronautical Science of the University of Tokyo, the National Aerospace Laboratory, and, most importantly, the National Space Development Agency. In 2003 all this work was assumed by the Japanese Aerospace Exploration Agency(JAXA). Japan eases restrictions on military space development. On 20 June 2012 Japan passed the Partial Revision of the Cabinet Establishment Act, which restructured the authority to regulate Japanese space policy and budget, including the governance of the JAXA. Under this legislation, the Space Activities Commission of the Ministry of Education, Culture, Sports, Science, and Technology, which was responsible for the development of Japanese space program, will be abolished. Regulation of space policy and budget will be handed over to the Space Strategy Headquarter formed under the Prime Minister's Cabinet. Space Strategy will be supported by a Consultative Policy Commission as an academics and independent observers. By revoking Article 4 (Objectives of the Agency) of a law that previously governed JAXA and mandated the development of space programs for "peaceful purposes only," the new legislation demonstrates consistency with Article 2 of the 2008 Basic Space Law. In conformity with the principles laid down in the 1967 Outer Space Treaty JAXA is now free to pursue the non-aggressive military use of space. New legislation is the culmination of a decade-long process that sought ways to "leverage Japan's space development programs and technologies for security purposes, to bolster the nation's defenses in the face of increased tensions in East Asia." In this connection it would also be very important and necessary to create an Asian Space Agency(ASA) for strengthening cooperation within the Asian space community towards joint undertakings.

• Korean Journal of Heritage: History & Science
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• v.42 no.1
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• pp.100-121
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• 2009

This study is subjected to those gardens of the Korean Folk Village 'Oeam-Ri' designed in 1920s. - transitional period of traditional gardens - and define socio-cultural change's influences and through documents on garden design, descendant's testimony and measured drawings, to understand that period's garden culture's characteristics according to garden design elements. This study applied following analysis methods and procedures to derive out characteristics of transitional garden culture. Analysis on socio-cultural characteristics in 1920s. Analysis on actual condition of transitional garden's design. In this point Outline of the Garden, Space formation, Garden designing elements are (1) water landscape, (2) plant, (3) structures, (4) paving, to derive out characteristics of the transitional garden. The results follow as below; First, during the transitional period 1920s, the economical development, fueled by opening nation's door to foreign countries and indication of collapse of statue systems together with idea of practical science and Enlightenment Thought, was element of changes in garden style. Second, Garden Designers of transitional gardens in 'Oeam-Ri' were limited to upper class of the society. They were wealthy enough to maintain their high social statue in rapidly changing society. As results, tendency of returning to nature developed gardens located in a site of scenic beauty and development of geographical features arranging techniques, and also showed copying foreign styles. Third, arrangement of garden and space composition, in most cases, composed of buildings and yards. Changes in water landscape features and garden spaces are centered to main-yard. Major changes of the garden spaces are water landscapes and plants that showing foreign influences. Fifth, scenic appearance techniques appears with dense garden space and emphasizing visual scenic view. Sixth, the characteristics of transitional garden design techniques are development of geographical feature arranging techniques, changes and mixture of the materials and garden types, emphasizing garden's decorative beauty, change of concept of yard within house into garden, changes from 'borrowing of landscapes' to 'selecting landscapes', changes of front garden from emptiness to fullness, changes of attitudes of enjoying gardens from 'staying calm in the garden' to 'moving or walking in the garden', changes to inner-oriented view, and changes from 'just watching and enjoying the nature' to 'enjoying specific objects'. This study is one of the efforts to restore the identity of Korean Traditional Garden by approaching and observing modern era which function as bridge between tradition and present day, and we observed transitional aspects of changes of traditional garden into modern garden. Hereafter, more studies will be needed to Modern Garden Design be recognized as part of Korean Garden Design History and these would be author's next assignment.

• Korean Journal of Heritage: History & Science
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• v.38
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• pp.329-358
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• 2005

The Three storied Stone pagoda in Gameunsa Temple site, one of the early staged stone pagodas, has been known as a standard for Silla stone pagodas. A stone pagoda is not only a stone art work and but also a stone structure. Most studies and investigation of the stone pagoda has done mainly based on style and chronological research according to an art historical view. However, there is not an attempt to research the stone pagoda as a stone architecture. Most Korean experts at the stone pagoda has art history in their background. Engineers who can understand the structure of the stone pagoda are very limited. More architectural and engineering approach is need to research not only art historial understanding but also safety as a structure. We can find many technical know-how from our ancestors who made stone pagodas. 1. To reduce any deformation such as relaxation and sinking of BuJae which is caused by a heavy load, the BuJae (consist of a foundation stone and lower stereobates) should be enlarged. 2. A special construction method for connection between Myonsuk and Tangjoo was invented. This unique method is not used any longer after the Three storied Stone pagoda in Gameunsa Temple site. 3. The upper BuJae and the lower BuJae are missed each other by making a difference of Okgaesuk and Okgaebatchim in size. It is done for a distribution of perpendicular load and a prevention for relaxation of BuJae. 4. The center of gravity in the BuJae is located to the center of the stone pagoda by trimming the upper surface of the Okgaebatchim into a convex shape. The man who made stone pagodas had excellent knowledge on the engineering and techniques to understand the structure of the stone pagodas. We can confirm it as follows: the enlarged BuJae, dislocated connection between upper Bujae and lower BuJae, and moving the center of gravity close to the center of the stone pagoda.

• Korean Journal of Communication Studies
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• v.22 no.2
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• pp.89-121
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• 2014

In order to suggest a strategy for continuous growth of webtoon, this article examined webtoon usage motivation and tried to make a prediction about culture content products and services connected with webtoon, including intention for viewing movies, based on webtoon; intention for switching to paid webtoon content, and intention for buying webtoon character products. From the point of view of Uses and Gratification Theory intentions for using webtoon and human sociocultural behavior intention are already predicted but with the usefulness of Theory of Planned Behavior Integrated Model this study extended the explanation power of prediction about webtoon related behavioral intention. Results found 5 motivational factors for webtoon usage i.e. 'seeking information', 'entertainment and access availability', 'webtoon genre characteristics', 'influence from a friend or acquaintance', and 'escapism and tension release'. Among them the ones that influenced the intention for viewing movies, based on webtoon, were found to be 'webtoon genre characteristics', 'escapism and tension release' and the 3 variables from Theory of Planned Behavior. 'Seeking information', 'entertainment and access availability', 'webtoon genre characteristics', and all the 3 variables from Theory of Planned Behavior were found to influence the intention for switching to paid webtoon content. The intention for buying webtoon based character products was affected by the motivational factors 'seeking information', 'escapism and tension release' and the behavior and subjective norms variables from Theory of Planned Behavior. Based on the uncommon results from the research several suggestions were made for the continuous growth of webtoon.

• Maritime Security
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• v.4 no.1
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• pp.1-56
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• 2022

Why has India become a key actor in the maritime-configured Indo-Pacific region? There are some external factors, but for India, its geo-strategic frontier encompassing its geopolitical and maritime interests is expanding rapidly beyond its territorial space across both the Indian and Pacific oceans amidst an increasingly arduous geopolitical and security environment. India must, therefore, acquire the ability to influence events within this strategic arena using all facets of national power, including maritime-military power. Lately, therefore, New Delhi has invested much intellectual capital to review its maritime-security strategy. India's new strategy is premised on the concept of holistic security involving the 'softer' aspects of maritime-security, and a rekindling of maritime consciousness in India, a nation that has traditionally been beset by 'sea-blindness'. The strategy adopts a region-wide, inclusive, and a more proactive approach than hitherto, as is evident in its title 'Ensuring Secure Seas: Indian Maritime Security Strategy'. While it deals with the growing concern of new non-traditional threats in the Indian littoral and the need for military deterrence and preparedness, it also addresses the imperatives for India to seek a favorable and rules-based benign environment in its immediate and extended maritime periphery, including through multi-vectored strategic partnerships dictated by its enduring principle of strategic autonomy. For a more profound and comprehensive understanding of India's maritime-security strategy, this paper examines the key unstated and implicit factors that underpin the strategy. These include India's historical and cultural evolution as a nation; its strategic geography; its geopolitical and security perceptions; and the political directions to its security forces. The paper deals specifically with India's response to maritime threats ranging from natural disasters, crime and state-sponsored terrorism to those posed by Pakistan and China, as well as the Indian Navy's envisaged security role East of the Malacca Straits. It also analyzes the aspects of organizational restructuring and force planning of India's maritime-security forces.