• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.375-402
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• 2020

The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.18 no.1
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• pp.67-83
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• 2023

The social venture start-up phenomenon is found from the perspectives of social enterprise and for-profit enterprise. This study aims to fundamentally explore the start-up phenomenon of social ventures from these two perspectives. Considering the lack of prior research that researched both social and commercial perspectives at the same time, this paper analyzed using grounded theory approach of Strauss & Corbin(1998), an inductive research method that analyzes based on prior research and interview data. In order to collect data for this study, eight corporate representatives currently operating social ventures were interviewed and data and phenomena were analyzed. This progressed to a theoretical saturation where no additional information was derived. The analysis results of this study using the grounded theory approach are as follows. As a result of open coding and axial coding, 147 concepts and 70 subcategories were derived, and 18 categories were derived through the final abstraction process. In the selective coding, 'expansion of social venture entry in the social domain' and 'expansion of social function of for-profit companies' were selected as key categories, and a story line was formed around this. In this study, we saw that it is necessary to conduct academic research and analysis on the competitive factors required for companies that pursue the values of two conflicting relationships, such as social ventures, to survive with competitiveness. In practice, concepts such as collaboration with for-profit companies, value combination, entrepreneurship competency and performance improvement, social value execution competency reinforcement, communication strategy, for-profit enterprise value investment, and entrepreneur management competency were derived. This study explains the social venture phenomenon for social enterprises, commercial enterprises, and entrepreneurs who want to enter the social venture field. It is expected to provide the implications necessary for successful social venture startups.

• The Korean Journal of Archival Studies
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• no.27
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• pp.35-88
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• 2011

This study suggested the methods of record management for the heads of local government, which would be the most valuable among local records. In order to conduct a systematic record management for the heads of local government, this study suggested the methods of establishing a record management system regarding regulation arrangement, production registration, preservation, utilization and services. First of all, in order to estimate the record category of the heads of local government, the study examined the duties of the offices of the deputy heads of local government, secretary's offices and information offices, which have been subsidiary & assistance branches in charge of producing the record. In addition, it investigated the present conditions of record management for the heads of local government through the interviews with secretary offices and information offices belonging to 16 cities and provinces and the claims for information disclosure and found out the following problems. They included incomplete record production, non-registration of produced records, abolition of records and taking them out of designated places with due notice, record preservation period regardless of the term of the heads of local government, varied preservation period for the records of the heads of local government by local self-government, short preservation period of primary records and non-management of home pages after the term of the heads of local government. To solve such problems, the study suggested the regulation arrangement for record management and a record management system. The regulation arrangement could be obtained through the establishment of the administrative organization setup condolence etiquette enforcement regulation and the recorders in local government and the revision of operation rules and through the revision of the reference plan for operation rules enactment of recorders from National Archives of Korea. As for the record management system, the study suggested the establishment of production, registration and preservation system of records for the heads of local government and the utilization and services of their records. In order to produce and register the records, the unit assignments should be founded by department in charge of the duties related to the records of the heads of local government on record management criteria, thus letting the staff surely produce and register the records. In terms of utilization and services of the records, the study suggested the use of websites and drawing up the record list, through which each record viewer would be able to figure out which records have been managed through the list services and which services could be given to the residents, thus letting the residents and the heads of local government who finished their term of duties use the records.

• The Korean Journal of Archival Studies
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• no.51
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• pp.89-132
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• 2017

The presidential records reflect the era of the times, and it has valuable evidence to support the administrative transparency and accountability of government operations. People's interest in the presidential records increased in response to its recent leak. The presidential archives were moved to Sejong in line with its desire to provide public-friendly services. This study will help users access the archives and utilize archiving information. The Ministry of Education introduced the free learning semester, which all middle schools have began conducting since 2016. The free learning semester provides an environment where education can be provided by external organizations. As middle school students are still unfamiliar with archives, the free learning semester provides a good environment for accessing archives and records. Although it serves as an opportunity to publicize archives, existing related studies are insufficient. This study aims to develop the free learning semester program using the presidential archives and records for middle school students during the free learning semester based on the analysis of the domestic and foreign archives education program. This study shows a development of the education program using presidential archives and records through literature research, domestic and foreign case analysis, and expert interview. First, through literature research, this research understood the definition of the free learning semester as well as its types. In addition, this research identified the four types of the free learning semester education program that can be linked to the presidential archives. Second, through website analysis and the information disclosure system, this research investigated domestic and foreign cases of the education program. A total of 46 education programs of institutions were analyzed, focusing on student-led education programs in the foreign archives as well as the education programs of the free learning semester in domestic libraries and archives. Third, based on these results, This study proposed four types of free learning semester education programs using the presidential archives and records, and provided concrete examples.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• The Korean Journal of Archival Studies
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• no.15
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• pp.67-93
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• 2007

This article deals with the short history from 1999 to the present time, how the Korean record and archives management world had grown up, and what the development of the branch of records and archives studies resulted in. First of all, it is looked out upon the transition and feature of each initiative bodies of records management, containing the records producing body, records and archives management body, records and archives professional body, and civil society. As a result, this article points out the disequilibrium state of the records producing body and civil society, for all the growth of records and archives management institutions and records and archives professionals. During the time of establishing the law, the Korean records and archives management had been made a rapid progress by some part of the leading group being to Korean Records and Archives Service and the society of professionals. But it is estimated only the malformed development depending on the model of elites, although we could achieve the establishment of Korean Records and Archives Act. The condition of records and archives management of the Participation Government was distinguish from the state of former times, being driven up the renovation of records and archives management. The main power of the renovation was sought our by overcome of the elite model with the development of archival institutions and professionals extending wide range. Particularly professionals to accept the education of graduate school grew up in quantity and quality and then they let the pattern of the collaboration with archival institutions rake root in Korea. As The Road Map on the Renovation of National Records and Archives Management was made, the government put into practice, so the management of records and archives in Korea could take a step of steady and continuous growth. But the development of the records producing bodies and civil society is staying at the low level as yet. Accordingly it is expected to have the most important means that the professional instruction become to normalize and archivists who posted in public agencies after graduating professional education program discharge their duties. And each public agencies have to speed up to set up the institutions for records management including some archivists so that overcome the condition of underdevelopment as fast as possible.