• Title/Summary/Keyword: 법제비교연구

Search Result 138, Processing Time 0.03 seconds

A comparison study of the characteristics of private and public security service of Koryo dynasty and modern security service (고려시대 공적·사적경호의 특성과 현대경호와의 비교연구)

  • Lee, Sung-Jin
    • Korean Security Journal
    • /
    • no.36
    • /
    • pp.417-442
    • /
    • 2013
  • This study considers the characteristics of the separation of public and private security service during Koryo dynasty, and compares it with the modern security service. Modern day security service's definition of private and public security service was used to distinguish them. Given the different historical settings, it's difficult to argue that the distinction between public and private service during Koryo dynasty was clear, but it can be said that public security service was centered around palace guard and concerns the activities of protest, and military made for the relationship, and private security service was centered around power of DoBang and includes the activities of malingering, and Byolchogun. During the early days of Koryo, protest, district military and soldiers who stay in the palace were all parts of a palace revolt and this institutional improvement of soldiers who stay in the palace was accomplished during King Seongjong's rule. The tradition of a palace revolt can find its roots in the middle military, and after the unification, a palace revolt was reformed into the king's palace revolt of second and the 6th along the course of establishing the nation's system. All of the changes stem from the reformation for consolidating the royal authority. Gyung Dae Seoung wanted to protect himself and he slept with his army night and days and because of that, group of soldiers was created and it was called DOBANG. Some members were from dobang gyeonryong, The forced were powerful because it was gathered with a warriors with extraordinaire martial arts and competent management. Most of the soldiers followed gyeong dae seung because they believed that he has a strong leadership and loves his people, and had a strong faith in him. However, the general gyeong jang had a belief that politics must be reverted to the previous so the relationships between jungbang wasn't smooth. Because of the economic operational problems, due to fraud committed by the mens under his command failed to maintain integrity and was criticised.The misconception also fed up with the emperor and the deepening relationships between the soldiers, his dobang was dismantled. After he took over the dobang, for his personal safety and to strengthen his position he compensated gyeon dae seong's dobang and developed the organization. In the process of extending the dobang Choi chung heon recruited many talented people to strengthen the military base, and also accepted the advice and expanded the power of Dobang. Choi Chung Heon thus consolidated his political gains by weakening the power of the king's army and adjusting the myth, which could've threatened his regime, and this was called Dobang number 6th. Dobang number six got even more powerful by his son named Choi woo, and after ruling, he expanded into a room, and a substantial reorganization of Dobang was developed. And then the creation of yabyeolcho also showed the effect to prevent the crisis. Although the palace guards who were public security service of Koryo Dynasty was still maintained during the military rule era when the royal authority was incapacitated, it was only maintained to have a symbolic meaning as the actual authority including military power was with Choi, the master of Dobang, private security service group. Likewise, during the rule of Choi, private securty service could reign over public security service, and the noteworthy characteristic of Dobang is that it assisted the private soldier groups to seize the military power by reorganizing and modifying military system. Although both differences and similarities can be found when comparing the guards of Koryo Dynasty with those of contemporary society, they have a similarity in terms of the essence of guards that they guarantee the safety of their clients. As for differences, the royalty of Koryo Dynasty and the pursuit of profit of contemporary society are in contrast, and contemporary guards can be seen as the fulfillment of responsibility and duty by free will, whereas guards of Koryo Dynasty were ruled with military coercion.

  • PDF

A Study on Greenspace Planning Strategies for Thermal Comfort and Energy Savings (열쾌적성과 에너지절약을 위한 녹지계획 전략 연구)

  • Jo, Hyun-Kil;Ahn, Tae-Won
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.38 no.3
    • /
    • pp.23-32
    • /
    • 2010
  • The purpose of this study is to quantify human energy budgets for different structures of outdoor spatial surfaces affecting thermal comfort, to analyze the impacts of tree shading on building energy savings, and to suggest desirable strategies of urban greenspace planning concerned. Concrete paving and grass spaces without tree shading and compacted-sand spaces with tree shading were selected to reflect archetypal compositional types for outdoor spatial materials. The study then estimated human energy budgets in static activity for the 3 space types. Major determinants of energy budgets were the presence of shading and also the albedo and temperature of base surfaces. The energy budgets for concrete paving and grass spaces without tree shading were $284\;W/m^2$ and $226\;W/m^2$, respectively, and these space types were considerably poor in thermal comfort. Therefore, it is desirable to construct outdoor resting spaces with evapotranspirational shade trees and natural materials for the base plane. Building energy savings from tree shading for the case of Daegu in the southern region were quantified using computer modeling programs and compared with a previous study for Chuncheon in the middle region. Shade trees planted to the west of a building were most effective for annual savings of heating and cooling energy. Plantings of shade trees in the south should be avoided, because they increased heating energy use with cooling energy savings low in both climate regions. A large shade tree in the west and east saved cooling energy by 1~2% across building types and regions. Based on previous studies and these results, some strategies including indicators for urban greenspace planning were suggested to improve thermal comfort of outdoor spaces and to save energy use in indoor spaces. These included thermal comfort in construction materials for outdoor spaces, building energy savings through shading, evapotranspiration and windspeed mitigation by greenspaces, and greenspace areas and volume for air-temperature reductions. In addition, this study explored the application of the strategies to greenspace-related regulations to ensure their effectiveness.

A Study on the Application of IUCN Category to the Protected Areas of Korea (우리나라 보호지역에 IUCN 카테고리 적용 방안에 관한 연구)

  • Heo, Hag-Young;Kim, Hyun;Lee, Yeong-Joo;Kim, Seong-Il
    • Journal of Environmental Policy
    • /
    • v.6 no.2
    • /
    • pp.71-96
    • /
    • 2007
  • This study aimed at effectively applying the IUCN category system to the protected areas in Korea. In addition, in order to change IUCN category of national parks to IUCN category II and to review the application of IUCN category classification key, a case study was conducted in Sobaeksan National Park. In order to apply the IUCN category system to the protected areas in Korea, a flexible approach appropriate to characteristics in Korea is required for management objectives of protected areas, including protection of wildemess, sustainable use of resources and preservation of cultural and traditional features. In addition, considerations of restrictions on use area and use districts, relative comparison of use types (visit, use of resources, residence) by IUCN category and use of combined classifications are necessary. Principles for the application of the IUCN category include (1)exclusion of wilderness protected areas (Ib), (2) extremely limited use regarding the sustainable use of natural resources(sum of natural preservation area and natural environment area is over 95%), (3) considerations of management conditions, including residential occupation level, (4) preservation of ecosystem services, and (5) use of combined classifications. In addition, in accordance with these principles, IUCN category classification key was suggested. When this was applied to the case study area, Sobaeksan National Park was classified as IUCN Category II and Taxus cuspidata community, which is designated as a natural monument, was classified to be Category Ia. Classification key suggested in this study may be used as basic data for applying categories in the future. Since detailed review on the practical improvement direction of laws and regulations and systematic alternatives, which are required before introducing IUCN category, are poor, in order to manage the protected areas efficiently by applying the IUCN category in the future, studies on management means appropriate to the conservation objectives of each category are necessary. This would allow management differentiated for each category.

  • PDF

The manage of a public office who 'Junsangseo(典牲署)' and Official Road(官路) of lower officials(參下官) at the 17th - 18th century (17~18세기 전생서(典牲署)의 관직 운영과 참하관(參下官)의 관로(官路))

  • Na, young hun
    • (The)Study of the Eastern Classic
    • /
    • no.69
    • /
    • pp.45-82
    • /
    • 2017
  • This paper aims at concrete examination of the 'Official Road(官路)' of the late Joseon Dynasty through government administration of the 17th - 18th century 'Junsangseo(典牲署)'. Until now, the study of the central political system in the Joseon Dynasty was mainly studied by the politically important bureaucrat 'Dangsanggwan(堂上官)', and even if he studied the 'Official Road(官路)', he was a student from the a graduate of Mungwa(文科) and the 'Clean and imfortant Official(淸要職)' connected with it It was examined mainly. As a result, this research attempts to elucidate the routes of 'non - Clean and imfortant Official(非淸要職)' who have not been studied so far. However, it is difficult to deal with all the 'lower officials(參下官)' reaching 263 in total, so it was targeted at the 'Junsangseo(典牲署)' where the 'List of official(先生案)' exists in the 17th - 18th century. In chapter 2, we examined the historical value of 'List of official(先生案)' and were able to secure the confidence of the materials. In Chapter 3, we specifically examined the origins of officials from the 'Junsangseo(典牲署)', the official route, and the occupation. As a result, the 'Junsangseo(典牲署)' 'lower officials(參下官)' was predominantly from the 'Munum(門蔭)'. In addition, I confirmed that I was stepping on a public road that roughly promoted one rank. The number of days in office has also been promoted satisfying the court occupation days. Although this is an analysis limited to 'Junsangseo(典牲署)', it seems that 'lower officials(參下官)' of 'Junsangseo(典牲署)' had gone through routes and routes that were roughly similar to the 'lower officials' of the main office. If we can assume this, we can understand the character of the late Joseon Dynasty 'lower officials(參下官)' by understanding the character of 'lower officials(參下官)' of 'Junsangseo(典牲署)'. To declare this, more case analysis is necessary, and it is necessary to convert a lot of 'List of official(先生案)' data scattered nationwide into DB.

A Study on the Changes of the Landscape Cognition in Yong-In City (용인시에 대한 경관인식 변화 비교)

  • Joo, Shin-Ha;Kim, Gyung-In
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.40 no.5
    • /
    • pp.88-99
    • /
    • 2012
  • This study was to analyze the changes made in the landscape cognition in Yong-in City for the past 10 years. For the analysis, the landscape plan in 2001, and the survey data collected for the new 2012-landscape plan were used. The questions on the survey covered the cognition of the current landscape status, the evaluation of landscape depending on the types of landscape, the understanding of each element on the landscape, the residents' cognition, etc. In the evaluation of the status on current landscape, Everland was ranked outstandingly high as a symbol and a representative place both in 2001 and 2012. The image of the overall city landscape was changed from the image of unique, diverse, grand-scale and well ordered in 2001, to the image of wide, disordered, common and realistic. As the evaluation of individual landscape types such as the view of the mountain, the surroundings of the tourist attractions, colors, etc, has improved overall. The image of the city has been evaluated to improve gradually, especially in the level of individual element. In the study of participating the willingness of residents, despite the interest in landscape has been continued, the attitude for the actual participation in the action plan or the restriction of property right has been changed into a negative side. For the direction of the landscape plan, the residents are more interested in the detailed subjects : such as the financial support, the night landscape plan, the improvement of the problems, etc. During the last 10 years, the changes on the landscape cognition in Yong-in City have changed more in detail and specifically, the cognitions on the local government and developers changed positively. However the reducion of the participants' willingness suggested a review on the policies and the projects of the landscape.

Comparative Analysis of Satisfaction according to Opened-Fencing in Campus Afforestation Project Types - Focused on University in Seoul - (대학교 담장개방 녹화사업 유형에 따른 이용 만족도 비교 분석 - 서울 소재 대학 캠퍼스를 중심으로 -)

  • Lee, Se-Mi;Kim, Dong-Chan
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.39 no.6
    • /
    • pp.57-66
    • /
    • 2011
  • This study researched those universities for which fence opening and greening projects are being conducted by Seoul city. The forms of opened fences at 24 universities which have accomplished this project were classified into several types for each type of university, representative cases with many diverse facilities and active users were selected and investigated. The study was carried out using methods of field observations, literature review, and surveys. To maintain the confidentiality of the collected questionnaire analysis, the analysis of each type's usage frequency, overall satisfaction and a regression analysis with space environment and facilities, a one-way ANOVA for was used to validate the difference between types regarding satisfaction with the project. The results of usage type analysis were found to agree with the 3 analysis criteria-- installation location, user characteristics, and usage purpose--which were the legislative concepts. In overall satisfaction with facilities, it appeared that except for Seoul Women's College of Nursing with its rural district neighborhood type park, users were satisfied: with the small urban neighborhood park of Methodist Theological College, Konkuk University's small urban square park, and Sejong University's green space small city park. In general, users appeared to not have satisfaction with such features as fountains / hydroponic facilities, fitness facilities, and square facilities, which should be taken into consideration when pursuing further opening and greening projects. Regarding full satisfaction with the space environment, it was found that users were not satisfied with Seoul Women's College of Nursing's rural district neighborhood-style park, whereas they were satisfied with Methodist Theological College's small urban neighborhood park, Konkuk University's small urban square-style park, and Sejong University's green space small city park. In addition, it was shown that facilities use, convenience and privacy of the four parks were largely unsatisfactory for users, and that the small city parks located at roadsides were unsatisfactory regarding noise level, both of which should be most highly considered when conducting similar projects in the future.

Compensation for flight delay and Regulation (EC) No. 261/2004 - Based on recent cases in Royal Courts of Justice - (항공기 연착과 Regulation (EC) No. 261/2004의 적용기준 - 영국 Royal Courts of Justice의 Emirates 사건을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.32 no.2
    • /
    • pp.3-31
    • /
    • 2017
  • On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

  • PDF

Comparative Review on the Introduction and Operation of Salary Peak System -Focusing on Korea and Japan- (임금피크제 도입운영에 관한 비교법적 검토 -한국과 일본을 중심으로-)

  • Noh, Jae-Chul
    • The Journal of the Korea Contents Association
    • /
    • v.15 no.11
    • /
    • pp.93-103
    • /
    • 2015
  • In this study, it has an intention of arranging an implication based on an effective introduction of a wage peak system in Japan to settle a mandatory retirement at sixty according to a legalization of retirement age at sixty smoothly. Institutionally, retirement age guaranteed type that reduces wage from certain period before retirement is of great importance. In Japan, mainly features the extension of retirement age that focus on keeping aged employment after retirement. In the introduction of the wage peak system, Korea attaches importance to the wage cost savings, but Japan puts emphasis on using aging workforce. Korea wants to promote the aged employment for retirement age at 60, whereas Japan actively push ahead with retirement age 65 and after that time. South Korea needs to reinforce the pensionable age and the connection though the extension of retirement age via the manpower utilization, employment promotion and the stability. It is necessary to prepare a institutional plan to try not to make a gap of the pensions by guaranteeing or extending the retirement age connect to the age of pensioners though the wage peak system. To activate the wage peak system, it is necessary to acknowledge a legal improvement that concedes rational changes such as the rule of employment. An active interpretation is needed currently though, it is more necessary to review the stipulation and the rational changes of the rule of employment that is established by a precedent like the Japanese legislation case. When a disadvantageous change of works rules is made, it is able to consider establishing the provision in the Act on age Discrimination Prohibition in Employment and Aged Employment Promotion, therefore it won't be able to apply the regulation in the rational criterion that satisfies the standards, rather than amending a Article 94 of the Labor Standards Act that makes accepting the approval of the majority of workers.