• Korean Security Journal
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• no.61
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• pp.39-57
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• 2019

The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

• 한국노년학
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• v.28 no.4
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• pp.1249-1264
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• 2008

Guilt feelings are dysfunctional feelings that the primary caregiver of the frail elder are apt to have and those feelings increase a burden of caring, while there is lack of empirical study on the effect of guilt feelings on caring behaviors. In light of this, this study lays its purpose on examining the effect of the primary caregivers' guilt feelings on their burden of caring and request behaviors for help with caring, paying attention to their guilt feelings in our society where Confucian values toward supporting the elderly have remained. The questionnaire survey was conducted for 220 primary caregivers caring frail elders over 60 years of age by visiting. As a tool for measuring guilt feelings, a self-designed measure for caregivers was used (${\alpha}=.949$), and factors of guilt feelings were classified into four namely, the factors of lack of self-control, lack of resources, burnout, and the normative factor As a result, the following findings were derived. First, it was revealed that the guilt feelings of caregivers as family members have a positive correlation with a feeling of burden of caring and the feeling of burden have even effects on the four factors of guilt feelings. Second, when primary caregivers request help with caring, they feel guilty toward cohabiting family members and neighbors, and also they show no guilt feelings when using day-care services for the elderly. Especially, guilt feeling factors affecting primary caregivers were found to be the normative factor to cohabiting family members, the factor of lack of resources to neighbors, and the factor of burnout to using day-care services for the elderly. This result tells that the dysfunctional feelings of primary caregivers namely guilt feelings arising when asking help with caring not only increase their burden of caring but also can cause difficulties in sharing the role of the caregiver. Accordingly for the mental health of caregivers, we should develop programs with which we could understand and cope with their guilt feelings.

• Journal of the Daesoon Academy of Sciences
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• v.46
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• pp.189-234
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• 2023

The most common and prevailing system of virtue ethics is based around the idea of personality rather than external behavior and it grew out of the Aristotelian system of virtue ethics. The purpose of this study is to find out the characteristics of the virtue ethics found within Daesoon Thought through comparison to Aristotelian virtue ethics. This can serve as a basis to establish the virtue ethics of Daesoon Thought in further studies. The systems of virtue ethics posited by the two traditions are similar in that they are both teleological as the virtues they recognize are related to human nature in the context of certain metaphysical assumption and they both exhibit the characteristic tendencies of seeking to realize the highest human good. Therefore, in the Aristotelian context, virtues can be defined as "characteristics needed for the realization of eudaimonia," and for Daesoon Thought, virtues are "characteristics needed for the realization of the Resolution of Grievances for Mutual Beneficence." The representative virtues examined in this comparative study will be the Aristotelian Golden Mean, and the the concepts of guarding against self-deception and great benevolence and great justice in Daesoon Thought. In comparison to Aristotelian virtues, these differ in three main ways. First, Aristotelian virtue is not an innate aspect of character the way it is assumed to be in Daesoon Thought wherein the original human heart bestowed by Heaven is already virtuous. Second, mental virtue in the Aristotelian context centers the mind upon reason whereas in Daesoon Thought, the heart-mind exhibits both reason and emotional concern for others. Third, eudaimonia is a concept limited to humans and their societies whereas the Resolution of Grievances for Mutual Beneficence is a good that includes all beings including divine beings, animals, plants, and Heaven and Earth. Despite the differences, both require practical reason, continuous education, and effort to succeed in the cultivation of virtues and the proper implementation of virtuous living.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.59-158
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• 2005

When a military aircraft suffers damages due to the defects in its design, manufacturing or notification, all of which are generally understood as products liability defects, the obvious compensation is sought as it would in other consumer good case. However, there exist clear yet unappreciated difference between general consumer goods and military aircraft, as far as products liability law is concerned - some sort of recovery should be obtained even when there exist only defects, not damages, to the aircraft because of the implication of defective parts is much grave than what can be expected in a consumer goods case. While certain anticipatory measures do exist in manual or at negotiation stages for the safety of military aircraft, such measures are ineffective, if not ambiguous, in recovery effort in the post-accident stage In another word, the standardized military procurement contract manuals and boilerplate forms do not appreciate the unique and dangerous military nature of military aircraft. There are many unique legal issues which can arise when trying to prevent defective aircraft or parts, or to recover compensations for accident due to such defects. At two-level, the government should establish legal system (or countermeasures if you'd like) for purchasing safer military aircraft. First, one should be able to work with legal ground and policy that allows selecting and purchasing safer goods - the purpose of such contract is not litigious, but rather in acquiring what are most reliable. Second, in case the defects do arise and lead to damages, solid legal principles and instructions should be established for effectively pursuing appropriate company, (usually a aerospace industry giant with much experience) for products liability - the purpose of such pursuit is inevitable for a public official, since he or she is no private business man with much flexibilities, even to the point of waiving such compensatory right for future business purposes. This article tries to identify problems in methods of procuring military aircraft or parts - after reviewing on how the military can improve on legal and policy grounds for procuring what will be the focus of future military strength, it will offer some of the ways to effectively handling and resolving a liability issues.

• Korean Security Journal
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• no.20
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• pp.339-363
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• 2009

The 9.11 demonstrated that terrorist attack could be more serious problem than the war in our modern life. No countries in the world have evaded being a target for terrorists today. As well as South Korea, the whole world must share attentions and responsibilities for fighting against the terrorism. Since the international terrorist groups have expanded their targets from Western countries to Koreans, civilian hostages are no longer other's affair; it became a serious threat to public. Increased Korean investment, trade, missionary, and travel overseas also expanded activity regions worldwide. It also result increased terrorist threats and possible abduction. The number of kidnapping crisis has increased since the terrorists use it as an effective method of sending a message. Piracy refers to a broad range of violent acts at sea, and has traditionally been regarded as common enemies. Piracy constitutes a great threat to the security of navigation as well as to the safety of vessels and crews. Lessons from hostage issues such as Korean hostage crisis in Somalia and Afghanistan show that it can cause criticism on moral issues if armed rescue missions fail or hostages are killed, so the governments and related corporations try to solve it by paying ransom. Terrorists and use these advantages in order to put a huge pressure on the governments. In this study we will look at essential characteristics and types of hostage abductions and recognition of national safety, lessons and solutions to previous Korean hostage cases in overseas. At the same time, it provides a guidelines of the direction in the fighting against terrorist groups and Piracy.

• Journal of Korean Philosophical Society
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• v.141
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• pp.43-62
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• 2017

The main purpose of this paper is to survey the debates between Searle and Smith over the problem of "freestanding Y terms" in Searle's conception of social reality, and offer a viable solution, drawing on the experientialist conception of symbolic experience. Smith raises the problem of "freestanding Y term" against Searle's formula "X counts as Y in C" that there may be some cases where we cannot identify an X term to which an Y term refers. In case of an abstract concept such as equity, we may not find exactly what it stands for. That is, we cannot identify exactly what(X term) counts as equity. If there is nothing like an X for Y term, we can regard anything as equity, which may disrupt Searle's formula. Understandably, Smith does not say that the problem dismantles Searle's whole conception of social reality. Instead, Smith intends to show that Searle's formula is neither complete nor specific enough. Apparently, Searle admits that there may be freestanding Y terms and tries to articulate it within his formula, which does not seem to work. I suggest that the experientialist account of symbolic experience may serve to dissolve Smith's challenge, without modifying Searle's original formula. According to the experientialist conception of symbolization, we symbolically map some portion of our experience onto a physical object, which serves as a signifier, and we then understand and experience the signifier "in terms of" the mapped portion of experience. Thus, we experience certain buildings and some relevant people, say students, staffs, and professors in terms of "university." The status functions of university have been created by means of symbolic mappings, which change the way we understand and experience the buildings and people. In this picture, there need not be any notions such as "one-to-one correspondence" between X terms and Y terms. In this way, Searle may maintain his original formula, while dissolving, not answering, Smith's challenge. What Searle needs is a more appropriate theory of symbolization, part of which has been articulated by the experientialist account of symbolic experience.

• Korean Journal of Heritage: History & Science
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• v.53 no.4
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• pp.274-291
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• 2020

This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

• Journal of the Korean Institute of Landscape Architecture
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• v.36 no.6
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• pp.91-101
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• 2009

In this study, the landscape of Insa-dong was interpreted from the viewpoint of a social construction of landscape, which regards the dynamic process of landscape change as more important than landscape visibility. This viewpoint also regards landscape as the result of its interaction with certain actors. From a review of previous studies on the same subject, it was found that the physical environment, institutions, and images are essential factors influencing landscape change. Insa-dong, which was Kwanindaing and Daesadong during the Joseon Dynasty, acquired symbolic meaning as a traditional area during the Japanese colonial period because of its many antique shops and Korean-style buildings. In 1970, the establishment of modern galleries in the district added to its image as a haven of the traditional Korean culture. Insa-dong thus eventually came to be referred to as "the street of traditional culture" by the people of Korea. Thanks to global festivals like the Asian Games, the Olympics, and the World Cup, Insa-dong's reputation as a cultural tourist destination has become stronger as these festivals created a need for a place in Korea where the country's traditional culture can be showcased to foreign tourists. After the mid-1990s, the merchants of Insa-dong began to cash in on the district's image as a showcase of traditional Korean culture due to the economic depression that emerged then. The people of Insa-dong and those outside it, however, came to feel that this trend damaged the district's image. Therefore, the people of Insa-dong and the district's local government started a movement to restore the aesthetic value and symbolic meaning of the district's landscape. This effort induced institutional change. Insa-dong used to be a natural haven of traditional Korean culture. Its landscape has recently been reconstructed so that this image could be restored. This process was made possible by the active interaction of diverse people: merchants, users, administrators, and NGOs.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.33-66
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• 2014

While the numbers of overseas travelers has been increased rapidly each year, the numbers of passengers in the aircraft also has continued to be increased gradually. In the mist of these increasing numbers, such accidents as threatening an aircraft safety like riot, aircraft hijacking and terrorism have happened constantly. In these circumstances, South Korean government has prescribed "Aviation on Security Act" in accordance with the Convention on International Civil Aviation and other international agreements. This act aims to prevent illegal activities and illegal items on the aircraft to ensure the safety and security of civil aviation. However, this act is not sufficiently regulating all the illegal crimes and illegal items on the flight. For the worse, there is a lack of effective supervisory capacity. Likewise, the inherent problems of the current laws relating to the prevention of the illegal items on the aircraft are appearing on the surface continually. Above all, illegal items on the aircraft are directly connected to the issue of aviation safety and security as well as a safe utilization of the flight service. Thus, when there occurs a serious accident on board, it surely would be led to a huge economic loss not mentioning the loss of lives following the accident. Therefore safety of the flight passengers cannot be guaranteed without ensuring the safety of aircraft facilities and good supervisory mechanism of illegal items on the aircraft. Accordingly, establishing a safe operation order tends to influence economy and tourism of a country in no small measure. Therefore, it is an urgent issue to settle down a reasonable and adequate supervisory regulations regarding the prevention of the illegal items on the aircraft. Consequently, in this article, I studied on a reasonal and effective mechanism to control the prevention of the illegal items and illegal acts on the aircraft in order to ensure a safety and security of civil aircraft.

• Journal of Korean Philosophical Society
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• v.129
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• pp.23-51
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• 2014

Christine M. Korsgaard believes that constructivism can respond to moral skepticism without depending upon moral realism. The purpose of this paper is to examine Korsgaard's kantian constructivism and her positions on moral realism. According to Korsgaard moral realism cannot answer normative questions in that it sees the function of moral concepts as describing the reality and so accepts the model of applied knowledge for action. In contrast Korsgaard insists that constructivism is better at justifying normativity since it regards moral concepts as representing the solutions to practical problems and so shows that moral principles are necessarily involved in the practical problems of agency. Korsgaard's constructivism has antirealistic elements such as pure proceduralism, the constitutive model to exclude ontological, metaphysical meanings, and the account of human beings as the sources of values. In spite of those antirealistic elements it is difficult to jump to a conclusion that Korsgaard's constructivism is antirealism. Korsgaard, in the early book, The Sources of Normativity, says that kantian constructivism has something to do with a form of realism, or procedural moral realism. And in the following books she argues that constructivism is compatible with realism although she pays attention to the practical implications of constructivism and then sets aside its ontological relevance. That is, Korsgaard does not want that her constructivism results in antirealism. Korsgaard's realism, however, is too weak to be called as realism. There is, also, a question why one would rather take a constructivist approach if one holds on to realism.