• Journal of Legislation Research
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• no.44
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• pp.757-799
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• 2013

Ever since Korea and Vietnam reestablished diplomatic relations, the two countries'bond has become stronger than ever, augmenting the range of exchange between them in almost every possible field including politics, economy, society, and culture at such a high speed. Among many, an increase in number of Vietnamese immigrant women in international marriage is worthy of close attention. Since 2010, Vietnamese has topped the proportion of total foreign women married to Korean men, having surpassed Chinese. Nonetheless, the quick international marriage between Korean men and Vietnamese women, which usually happens without sufficient time to get to know about different cultures and languages, has not only raised problems for people concerned, but numerous social issues as well. Recognizing these problems, a number of government departments have provided various support on policies and legal issues toprotect multicultural families as a means of social integration and settlement support. Nevertheless, the support policies until now have been generalizing all of the immigrant women in international marriage as people subject to protection. Thus, considering every immigrant women as people in need, and trying to help them with various social issues have caused the government a high cost and low efficiency. This thesis emphasizes the point that through the cases of Vietnamese immigrant women in international marriage, there should be a specific support plan for specific people in need, reflecting various traits of different cultures and societies, in order to ease their settlement in Korea. Moreover, it suggests detailed plans for improvements on legal and institutional problems. Although the Vietnamese government forbids commercial agents for international marriage, many of agencies are still active and to help the immigrant women, who desire to return and resettle in Vietnam in case of divorce, this thesis suggests legal and institutional remedies for Korean and Vietnamese government. The composition of the thesis follows below: Part II on social and cultural traits of international marriage between Korean men and Vietnamese women. Part III on institutional problems and plans for improvements regarding settlement of immigrant women in international marriage. Part IV on legal and institutional problems and plans for improvements regarding divorced immigrant women and their return to Vietnam. Part V on conclusion. Divorce is not a flaw anymore nowadays, but in case of Vietnamese immigrant women ininternational marriage, an inadequate legal system hampers their resettlement process. Cases of not being ableto remove their own names from the family register due to poor financial and legal abilities are often identified and it is both the Vietnamese and Korean governments'duty to acquit their ethical responsibilities by seeking ways to institutionally and financially support them.

• Journal of Legislation Research
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• no.41
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• pp.367-399
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• 2011

This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.

• International Area Studies Review
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• v.22 no.2
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• pp.163-186
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• 2018

The purpose of this study is to analyze the institutional conditions and problems for the transition to the North Korean economic system. As a research method, we first analyzed the legislative processes of 4th stage market reform policies (liberalization, privatization, privatization, and corporation) by major economic transition countries. And we found out the difference with North Korea. Based on this, it analyzed the process of institutionalization of North Korea's 4th stage economic reform policies (7.1 measures, comprehensive market policies, Currency reform, 6.28 policy). According to research, There are three important conditions that can not compare the changes of the North Korean market economy with those of the transition economies. First, the internal and external conditions and environment for the transition of the economic system and the role of the state and civil society are very different. Second, the means and objectives of the policy decision process and the implementation process are different. Third, it differs absolutely in terms of the nature and effectiveness of the nation's political and economic policies. Fourth, the priority, contents, and legislation process of economic policies for economic reform differ considerably from those of North Korea. Especially, when discussing the possibility of transition to the 'Chinese model', it is accompanied a considerable risk. It is because the purpose of market entry of control power in North Korea and their survival network are quite unique. In addition, China's domestic market size, population size, and type of control are quite different from North Korea. A necessary and sufficient condition for the transition of the North Korean economic system is the relaxation of physical control mechanisms and institutions in the market area. Next, it is necessary to make a legitimate institutionalization as well as an entire survey on the illegal ownership market. Based on this, it is necessary to gradually change the dependence of the domestic market on China to South Korea. In other words, this is a paradigm shift in the semi-controlled power exclusion, post-automation and domestic market.

• Cross-Cultural Studies
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• v.50
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• pp.395-424
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• 2018

The purpose of this paper is to examine the current situation and background of the Russian consumer music market, where digital music sources are making great strides in the noted recent years. In addition, music storage technology, media and change are considered together in this report. Moreover, Russia is the 12th largest music market in the world. The Russian music industry is following the recent trend of the global music industry, where the digital music market is growing rapidly on many different levels. The explosive growth of the digital sound sources in Russia's music industry is attributed to the explosive increase in available consumer downloads, streaming sound source service, and the increase in the number of digital sound sources using mobile technologies due to the development of the Internet. In particular, the sales of the available and accessible streaming sound sources are expected to grow explosively by the year 2020, which is expected to account for more than 85% of total digital music sales. In other words, the spread of smartphones and the resulting changes in the lifestyle of the Russians have created these changes for the global consumer of music. In other words, the time has come for anyone to easily access music and listen to music without a separate audio or digital player. And the fact that the Russian government's strong policy on the eradication of illegal copying of music is becoming an effective deterrent, as is also the factor that led to the increase of the share of the digital sound source to increase sales in Russia. Today, the Russian music industry is leading this change through the age and process of simply adapting to the digital age. Music is the most important element of cultural assets, and it is the beneficial content, which drives the overall growth of the digital economy. In addition, if the following five improvements(First, strengthen the consciousness of the Russian people about copyright protection; Second, utilizing the Big Data Internet resources in the digital music industry; Third, to improve the monopoly situation of digital music distributors; Fourth, distribution of fair music revenues; and Fifth, revitalization of a re-investment in the current Russian music industry) are effective and productive, Russia's role and position in the world music market is likely to expand.

• The Korean Journal of Archival Studies
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• no.18
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• pp.257-280
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• 2008

The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

• Korean Journal of Heritage: History & Science
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• v.48 no.3
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• pp.4-29
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• 2015

To protect cultural heritages from damage and destruction, evaluating the crime prevention environments is considered extremely important. This study analyzed the crime patterns related to cultural heritages, classified the crime environments by their types, and deduced the elements of the CPTED(Crime Prevention Through Environment Design), aiming to present the indices for evaluating the crime prevention environments. The results of this study can be summarized as follows. First, the crimes related to cultural heritages that must be prevented were identified as the night time trespassing and arson. According to the results of the analysis of external environments based on crime actions, the crime prevention environments of cultural heritages were classified into 10 types. Second, the important evaluation principles of the cultural heritage CPTED were the access control, surveillance reinforcement and the surrounding environment. Third, the access control that cover the internal region, boundary, external region and surroundings were classified into 22 indices. The surveillance reinforcement covers natural, organized and mechanical surveillance with 21 indices. Fourth, the applicability of the CPTED evaluation index was presented according to the types of the cultural crime prevention environments. The results confirmed that the maximum 43 indices were applicable to the seowon(lecture hall), hyanggyo(Confucian school), and gwana(district government office), and the minimum 10 indices, to the ramparts. Finally, the 43 indices were applied to Donam Seowon to validate their applicability. The results confirmed that most of the indices were applicable with the partial supplements. The evaluation index presented in this study is likely to contribute to studies in the cultural heritage CPTED field and to the protection of cultural heritages. Furthermore, this study is considered significant because it unleashed continuous concerns on and developments of CPTED. However, as the field survey to validate the applicability of the indices was limited to only one type, it may require further objective verification such as through an expert's examination of the validity and applicability of the evaluation index. In addition, to accommodate the index in related policies and systems, more precise verifications of the indices by type are considered necessary.

• Journal of The Korean Society of Grassland and Forage Science
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• v.39 no.2
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• pp.89-96
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• 2019

This study was conducted to investigate 106 grassland farms in six provinces including Chungcheongbuk-do, Gangwon-do, Gyeonggi-do, Gyeongsangbuk-do, Gyeongsangnam-do, Jeju-do, and Jeollanam-do to present their problems and causes by surveying the actual state of grassland farms during three years(2014~2016). The grassland survey was divided into three categories; used as the perennial grasses and annual forage crops (Complied with Grassland Act), not used as the perennial grasses and annual forage crops (Not complied with Grassland Act) and failed to meet the farmer and some items are missing or inaccurate (Insufficient contents). Among the surveyed grassland farm, 68 farms (64.2 %) were complied with Grassland Act but 30 farms (28.3 %) were not complied with Grassland Act. Especially, the 8 farms (26.7 %) not complied with Grassland Act used the grassland as other purposes such as tree growing, golf club and swine farm etc.. Therefore, strict on-site investigation by local governments is required to prevent the grassland from being used by illegal purposes. And there's a strong likelihood that 5 farms (62.5 %) avoided the survey violate the positive law. Grassland grades used by the local administrative agencies were not influenced by the factors affecting the yield (existence and non-existence of overseeding and fertilization by grassland grade, soil pH and organic matter content). This results suggest that there is a fundamental problem on the current grassland grade system based on the yield and the irregular time of investigation and lack of on-site investigation are another causes for inaccurate grassland grade. Therefore, the new method evaluating grassland grades which is not based on yield and the thorough on-site investigation by local administrative agencies are necessary when the grassland grade is evaluated.

• Korean Journal of Labor Studies
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• v.23 no.1
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• pp.1-45
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• 2017

The aim of this study is to analyze the process of the struggle and bargaining for the change of the employment position of the irregular (in-house subcontracted) workers being at work in the Hyundai Motor Company (HMC) plants into the status of the regular employee of the company, and evaluate the results and limitation of the irregular workers' movement. Since the unionization of irregular workers in 2003, they have carried on the struggle against and the bargaining with the HMC, over the past 10 years and more, making claims for abolishing 'illegal temporary agency work' and for converting their positions into the regular ones. The HMC have gradually altered a confrontational stance against the workers' claim at the early stage, into the bargaining relationship with irregular workers' union. Eventually, the collective agreement on the 'special hiring' of about six thousands irregular workers by the HMC was reached in 2016. We attempt to analyze in depth the overall process by dividing three phases of the movement, according to the criteria of the relationship between the alliance and conflict system, and the cycle of protests of irregular workers. Furthermore, we try to trace the long and winding path of the movement, focusing on the cooperation/conflict relationship within the movement's alliance system, the confrontation/bargaining relationship between the movement and the conflict system, and the critical roles played by mediators (or third parties) between two systems. In the conclusion of the paper, we evaluate the results and limitation of the irregular workers' movement upon the basis of the following points; the convergence of the workers' demands into the prime goal of 'becoming HMC's regular employee,' the breakaway of regular workers' union from the movement's alliance system, and a virtual extinction of irregular workers' union after the final labor-management agreement of 2016.

• (The)Study of the Eastern Classic
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• no.70
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• pp.407-434
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• 2018

This study took a look at the crossing the border into Liadong in the early Joseon Dynasty, which has nearly not been paid attention to in the history of the Buddhism in Korea, and the Chinese, Buddhist whereabouts of Monk Mangong and Jeokhyu, the periodical, Buddhist priests. Regarding the large-scale, Buddhist oppression measures of King Taejong in the beginning of the Joseon Dynasty and King Sejong, the Buddhist circle did not not respond helplessly, but, rather, it had made the resistance on its own way. Especially, the Naonghyegeum of Jogyeseonjong and the disciple affiliates of Taegobowu had stood out. The disciples of Bowu had mainly hit the Sinmungo or had advocated the self-purification of Buddhism. And the disciple affiliates of Naong either had reorganized the Buddhist circle with Muhak in the center or had opposed the suppression. And, by receiving the help of the Emperor of the Ming Dynasty, they had intended to protect the Buddhist circle, or they, also, crossed the border into Liadong. Although, while attempting the crossing the border into another territory, they were arrested like the sea ships, like Mangong of King Taejong and Jeokhyu of King Sejong, they succeeded in crossing the border into another territory, and they left the clear whereabouts in the Chinese, Buddhist circle. Mangong was one Buddhist monk among the 11 Buddhist monks who crossed the border into Liadong during the King Taejong. After crossing the border, Mangong had moved again from Beijing on a sea route and had settled for after going into a mountain in the Zen sect at the Tienchieh temple in Nanjing. Meanwhile, he had been close to the Joseon Dynasty, and he relocated to Mount Taishan, where there had been the history, thereby rebuilding the Chikurin Temple and the Buchauchan temple and widely publicizing the Buddhism. During the time of King Sejong, by crossing the border into Liadong together with a total of 10 Monks, including the Buddhist monks Shinnae, Shinhyu, Shindam, Hyeseon, Hongjeok, Haebi, Shinyeon, Honghye, Shinwun, etc., under the protection by the Emperor of the Ming Dynasty in Beijing, Jeokhyu went through Shanhaiguan and had moved to the Tienchieh Temple in Nanjing. Although their whereabouts can not be known, on the Guji Mountain in Beijing, Jeokhyu founded the Banyaseonsa Temple nearby the Ryeongamseonsa Temple, where the clergy and the laity of the Goryeo Dynasty had resided and, especially, where Naong and the disciples of Muhak etc. had stayed. As such, the Buddhist monks in the beginning of the Joseon Dynasty had either resisted the suppression by the country or crossed the border into another territory. Mangong and Jeokhyu of the times of King Taejong and King Sejong had led the Chinese, Buddhism circle, had rebuilt the Buddhist temples, and had contributed to the development of the Chinese Buddhism.

• (The)Study of the Eastern Classic
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• no.69
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• pp.593-622
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• 2017

The purpose of this study is to investigate the characteristics of Confucianism, Buddhism, and Taoism and to examine the characteristics of Intermixture of Three Religions in Journey to the West. This novel, which has the structure of satire, hope, and surrogate satisfaction while being the center of satire and humor, is a refuge for the people. Even today, it can be said, however, that for the people, Confucianism, Buddhism, and Taoism was not a distinctly separate system of religions. Journey to the West story is about the liberation of Buddhism that is obtained through Taoism training. In the celestial world, not all gods are perfect, and often make mistakes. In such a story, the mistakes of beings living as human beings are simply insignificant. What is not different from the structure of life in this world is still a world of nature. The world is rife with absurdities, both on earth and in heaven. The characteristics of Intermixture of Three Religions can be summarized in several ways. First, the Trip of Samjang is not just to gain the enlightenment of illegal but rather to seek a greater sense of meaning. Second, the means to gain enlightenment is that it does not claim that one is right or good. Third, mercy, goodwill, and respect for life for oppressed and exploited peoples are common to all religions. Fourth, this story suggests that everything from the beginning is already a matter of mind. Fifth, all of the logic of Three Religions in this novel can be said to be "preliminary." Human life implies that it is going on a planned path, perhaps as a fate. But the important thing is, as in all religions, even if the road is a planned one, Journey to the West is strongly and persuasively speaking that it is the way of life as well as the attitude of living silently in carrying out its duties.