• Journal of Korean Philosophical Society
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• v.145
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• pp.271-296
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• 2018

In this article, I intend to reveal critically both the intrinsic crux and main problems of the politics of hostile exclusion based on the effect of labeling which was designed precisely as an impure political technique and has been operated for too long in Korean society by the conservative ruling class that centered on various negative ideological labels like 'pro-North Korean leftist forces.' Firstly, what is called the 'conservative ruling class' in Korean society is in itself an antinationalistic and antidemocratic pro-Japanese dictatorship group. Secondly, the conservative ruling class as a pro-Japanese dictatorship group has utilized politically the labeling effect which regards antigovernment Korean members as pro-North Korean or rebellious persons. This group's hostile politics, based on the ideological labelling effect, deprives antigovernment persons and groups of the qualification of Korean citizenship, in order to hold and retain their supreme power in Korean society. Thirdly, the conservative ruling class has attempted to stigmatize the citizens who participate in a movement for democracy as a pro-North Korean leftist force, but such a politically impure manner is typically completely unjustified groundless labeling. Fourthly, the attempt to define the conservative ruling class as a pro-Japanese dictatorship force is normatively justified and resonably appraised insofar as such a definition has been proved to be worthy of confidence. Finally, the trial to consider Roh's regime and pro-Roh (pro-Moon) groups as a kind of Yeongnam hegemonism by several critical intellectuals and current politicians from Honam region is not only merely a groundless and unconvincing labelling, but also the failed outcome of the attempt to systemize logically their emotional antipathy and repulsion toward Roh and pro-Roh (pro-Moon) groups.

• The Journal of the Convergence on Culture Technology
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• v.10 no.4
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• pp.331-337
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• 2024

The laws and regulations governing the operation of government committees in Korea provide for a system called exclusion. Exclusion is a system that excludes a member of a committee from deliberating or voting on a matter or agenda without having to go through a special procedure before deliberating or voting on the matter or agenda. This is because exclusion of a member from deliberation and voting is not only essential for the protection of the interests of the parties to the issue or matter and the peaceful resolution of disputes, but is also a very important value for the trust in the fairness of the process. However, in practice, it is not easy to determine that a member who has a reason for disqualification is naturally incapable of executing the duties of the matter or agenda just because he or she has a reason for disqualification. Prior to the overhaul of the disqualification rules for committee members in the statutes, it is necessary to eliminate the disqualification rules that are virtually dead in advance or to revise the rules that are difficult to determine without interpretation, contrary to the intention of the disqualification rules that are codified in the law. Therefore, this study analyzed the disqualification rules of nine committees in the domestic statutes (laws and enforcement regulations) and categorized the disqualification rules. We hope to contribute to the preparation of future legislative proposals to improve the rules on the exclusion of commissioner.

• Journal of Korea Fair Competition Federation
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• no.106
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• pp.2-13
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• 2004

어떠한 법이 규제적 수단을 주로 담고 있건 아니면 조성적 수단을 주로 담고 있건 간에 그러한 수단에 의하여 달성하고자 하는 법의 궁극적인 목적은 아마도 그 법이 지향하는 일정한 환경을 형성하고 보호$\cdot$보전하는데 있을 것이라고 생각한다. 공정거래법도 마찬가지로 진시로 추구하는 것은 위반자 또는 위반행위에 대한 제재나 처벌이 아니라 공정한 경쟁이 가능한 환경을 조성하고 보호하는 것이다. 이와 같이 위법상황의 배제를 통한 적법상태의 회복이 무엇보다도 중요한 영역에 있어서는 위법상태를 배제하여 본래의 적법한 상태를 회복$\cdot$유지하는 것이 무엇보다도 중요하다.

• Korean Journal of Social Welfare
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• v.62 no.2
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• pp.87-107
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• 2010

This paper purports to compare the differences and similarities of social exclusions in Korea with those in the European countries, notably Germany, France, Sweden, Finland, Ireland and U.K. For this purpose, chapter two examines political and social origins of social exclusion as an alternative concept to poverty or unemployment. Chapter three discusses social exclusion paradigms of Silver(1994) in reference to welfare regime theories of Esping-Andersen(1990). Subsequently chapter four, using two artificial social exclusion indicators by principal component analysis, defines the basic nature of social exclusion of Korea in comparison with those of the six European countries. Chapter five duly concludes that social exclusions in Korea are very similar to those of liberal countries (Ireland and U.K.) in that income indicators (poverty and inequality) of Korea are much worse, whereas unemployment rate is relatively low.

• Proceedings of the Korea Water Resources Association Conference
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• 2009.05a
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• pp.1739-1743
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• 2009

현재 국내에는 하천시설물의 인증과 관련한 제도와 법령이 마련되어 있지 않다. 하천시설물과 관련된 인증 제도는 효율적인 하천시설물의 유지관리를 가능하게 하고, 치수 안전성 증대에 기여할 수 있다. 본 연구는 미국의 제방 인증(levee accreditation) 제도를 분석하여 국내에 적용하는 방안에 관한 것이다. 미국의 연방 재난 관리국(Federal Emergency Management Agency; FEMA)은 국가 홍수 보험 프로그램(National Flood Insurance Program; NFIP)을 관리하고 있는데, 그의 일환으로 제방 인증 제도를 시행하고 있다. 제방의 인증은 제내지를 보호하는 제방 시스템이 100년 빈도의 홍수에 대한 방어 능력이 있는지를 기술적으로 검토하는 것이다. 여기서 제방 시스템이란, 제방, 홍수벽, 수문 장치, 펌프시설, 암거, 내수 배제 시설 등 홍수로부터 제내지를 보호하기 위한 모든 시설을 포함한다. 미국은 제방 인증을 위한 제도로서 연방 규정 조례(code of federal regulation; CFR)를 두어 제방 시스템의 설계, 운영, 유지관리의 기준을 마련하였다. 제방 인증을 신청하는 기관은 연방 규정 조례에서 정의된 제방 시스템의 운영 및 유지관리에 관한 문서를 갖추어야하고, 공학적인 설계 기준에 대하여 면밀히 검토되어야 한다. 운영 및 유지관리에 관한 사항은 수문과 내수배제 시스템을 포함한 제방 시스템의 홍수 시 운영 지침과 운영실적, 유지보수 지침과 점검 보고서 등이다. 공학적인 설계 기준에 대한 검토사항은 제방의 여유고, 수문, 호안, 제방과 기초의 안정성, 침하, 내수배제에 관한 분석 결과이다. 이러한 제방의 인증에 필요한 기술적인 검토 자료와 관련 문서는 등록된 전문 기술자나 제방의 설계와 시공능력을 갖춘 연방 기관을 통해 보증(certification) 되어야 한다. 현재, 미국에서 제방의 보증을 결정하는 대표적인 기관은 미 공병단(U.S. Army Corps of Engineers; USACE)이다. 제방 보증의 유효기간은 최대 10년이지만 검사와 평가가 지속되고, 유효 기간 만료 전이라도 언제든지 재검토될 수도 있다. 또한, 제방 시스템 전체에 대하여 보증 여부를 결정하고, 개별 시설에 대한 보증이나 조건부 보증은 수행하지 않는다. 국내에 제방 인증 제도를 도입하기 위해서는 제방 인증에 관한 절차, 수행 기관, 수행 방법 등에 대한 규정과 제도가 마련되어야 하고, 현재 국내에서 수행되고 있는 하천시설물의 안전도 검사 방법을 포함한 평가 지표와 평가 기술에 대한 인증 표준화가 요구된다.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.125-147
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• 2009

The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.235-251
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• 2005

German working hour law of 1994(Arbeitszeitgesetz) provides maximum working hour as 8 hours a day and 48 hours per week. The law provides that minimum 11 hours rest-time is required between the end of a day's work and the beginning of the next day's work. Namely, the hour that the workers are put under commanding of the user is restricted within 13 hours per day. In the meantime, article 5, 7, 14, and 15 of the law have some letting the exceptional provisions regarding the working hour and rest-time of flight crew, and 2nd administrative order for the aviation transportation business owner, which is established based on such exceptional provisions(2.DV LuftBO), provides the working hour and rest-time of flight crew quite in detail. The administrative order is detailed quite regarding block time, flight working hour, and rest-time. So, it does not need to interpret additionally. Airlines in Korea should observe the both Labor Standard Act applying to general workers and Aviation Act focused on flight crew, so it is difficult that airlines manages working hour and rest-time of the flight crew efficiently. Therefore, it is desirable that our country refers to and considers adopting this legislation method of Germany which regulates working hour and rest-time of flight crew in detail in the 2.DV LuftBO.

• Journal of the Korean Society for information Management
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• v.21 no.4 s.54
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• pp.329-352
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• 2004

In this knowledge-based society of this age, librarianship takes a professional position and requires essential principles of ethics that has to be observed. Therefore, library associations and professional communities all over the world have released criteria and code of ethics to make their professional positions to keep. This research investigated and analyzed the codes of ethics for librarians in United States, Great Britain, Japan, and South Korea which are based on the mission of each library of each country. Based on these analysis and comparison, this research proposed more advanced codes of ethics for South Korea. The proposed model of codes of ethics consists of two parts: ethics for information and ethics for professional positions. The ethics for information contains six essential elements: equal access and services for information, denial of inspection, protection of privacy, neutralization of librarian, and security of intellectual freedom. The ethics for professional positions consists of 8 essential aspects: exclusion of personal benefit, continuous efforts for developing knowledge, keep the professional position, conflicts between professional task and organization, relationship with co-workers, ensure the conditions of rights and welfare for employees, cooperations among libraries, and contribution for creation of new culture.

• Journal of Korean Society of Archives and Records Management
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• v.20 no.4
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• pp.169-184
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• 2020

This study analyzed the issues on Article 35-4 of the Copyright Act of Korea, a new provision on the use of orphan works. The new provision was compared to other related provisions, and considerations were suggested for their improvement. The main results are summarized as follows: (1) Article 35-4 is contradictory to other provisions and needs further revisions as it limits the subject of application to the main body of operation and applies only to some libraries, museums, and galleries through its ordinances; (2) a new provision on the use of orphan works must be applied to archives to harmonize with Article 31 and use the interconnection between cultural heritage institutions more beneficially; and (3) considering that there are many unpublished works in the archives, Article 35-4 should be revised to also be applicable to those works.

• International Commerce and Information Review
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• v.18 no.4
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• pp.195-217
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• 2016

The Convention on Contracts for the International Sale of Goods(CISG) endeavors to increase international trade through the creation of a uniform law of international sales. The CISG applies to contracts of sale of goods between parties whose places of business are in different States. If a party has more than one place of business, the place of business if that which has the closest relationship to the contract and its performance. Despite the importance of a definition for 'place of business,' the CISG does not provide one. Lack of a definition of 'place of business' may cause problems for parties trying to determine whether the CISG applies to their contract. Also Contracting parties can opt out of the CISG. But the CISG does not state whether the parties must expressly exclude the CISG's application to a transaction or whether they might do so by implication. we need to consider how effectively opt out of the CISG. Under U.S. law, the CISG is considered to be a self-executing treaty. So the CISG's provisions apply directly as substantive sales law to contracts for the international sale of goods. Despite the CISG's political and economic significance to U.S., U.S. Courts have overlooked the terms of the CISG. This article considered how to the CISG was recognized, interpreted and applied by the U.S. Courts in related cases.