• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.33-66
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• 2017

The Korean government enacted the Chapter 6 as of Air Transportation to the Korean Commercial Act, which was enforced in 2011, in order to treat some arguments occurred from air transportation Contracts since air transportations has rapidly increased in Korea. Air transportations has been used more in the field of international market than in the field of domestic market under it's own characteristic. Therefore, many international agreements and protocols related to the air transportations has been appeared from old times and the 1999 Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") is one of them. The Montreal Convention was adopted in May 28, 1999 at International Conference of Air Law hosted by the International Civil Aviation Organization ("ICAO") in Montreal, Canada where the Headquarter of ICAO is located. The Montreal Convention has been effected from September 5, 2003 and the Korean government ratified the convention in 2007. Therefore, the Montreal Convention came in to force in Korea since 2007. This year, 2017, is the 10th anniversary year since the Montreal Convention has taken effect in Korea. However, there are rare cases that argued the Montreal Convention's scope of application and this Article examines the Korean Supreme Court's case that argued the Convention's scope of application. Thus the Article basically analyzes the case from the perspective of the Montreal Convention's scope of application and examines the Montreal Convention's articles related to the air carrier's liability and extent of compensation for damage that occurred from the international carriage by air. Also this Article analyzes the Korean Commercial Act Chapter 6, which regulated the air carrier's liability and the Article tries to make a comparison between the Montreal Convention and the Korean Commercial Act in order to draw some scheme for the betterment of Korean Commercial Act. It is the hope that the Article contribute to the improvement of Korean Commercial Act through the comparison with the chance of the 10th Anniversary of the Montreal Convention in Korea.

• Journal of Environmental Impact Assessment
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• v.28 no.2
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• pp.101-112
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• 2019

Over the last few years, air pollution ($PM_{10}$, $PM_{2.5}$) in the Seoul metropolitan area (SMA) has emerged as one of the most concerned and threatening environmental issues among the residents. It brings about various harmful effects on human health, as well as ecosystem and industrial activities. Governments and individuals pay various costs to mitigate the level of air pollutants. This study aims to empirically find the willingness to pays (WTP) among the parents from different socio-cultural groups - international and domestic groups to mitigate air pollution ($PM_{10}$, $PM_{2.5}$) in their residential area. Contingent Valuation Methods (CVM) is used with employing single-bounded dichotomous choice technique to elicit the respondent's WTP. Using tobit (censored regression) and probit models, the monthly mean WTP of the pooled sample for green electricity which contributes to improve air quality in the region was estimated as 3,993 KRW (3.58 USD). However, the mean WTP between the international group and domestic group through a sub-sample analysis shows broad distinction as 3,325KRW (2.98 USD) and 4,449 KRW (3.98 USD) respectively. This is because that socio-cultural characteristics of each group such as socio-economic status, personal experience, trust in institutions and worldview are differently associated with the WTP. Based on the results, the society needs to raise awareness of lay people to find a strong linkage between the current PM issue and green electricity. Also, it needs to improve trust in the government's pollution abatement policy to mobilize more assertive participation of the people from different socio-cultural background.

• The Korean Journal of Archival Studies
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• no.39
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• pp.281-318
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• 2014

This article aims to inquire into the decision making system and the sources of the original documents made by means of it in Imperial Japan, the colonial Chosun, GHQ, and the occupied Japan in terms of the post-war treatments of compensation on the Japanese colonial rules. It deals with them from 1910 to 1952 in the perspective of history and archivistics. This article attempts to establish the foundation on which the perception of the documents made in the Imperial Japan, its colony, and the occupied territory would be widened by placing the colonial rules and the compensation on them into a continuous line. The records of Japan's forced occupation of Korea during 1910-1945, and the original records documenting the decision making process of post-war compensation under GHQ, 1945-1952, have been dispersed in Korea, Japan and the United States. This dispersed preservation was mainly due to the complicated decision-making process among Governor-General of Chosun, the Japanese Imperial government, and the GHQ. It was the top-down styled, dual decision making system, in which the critical policies, personnel, and budget had been decided in Imperial homeland, while their implementations were made in the colonies. As a result, the records documenting the whole process of domination have been preserved dispersedly in Japan and its colonies. In particular, the accounts of not yet paid Korean workers that was forced to mobilize in Japan's colonial periods, which is emerging as the diplomatic conflict between Korea and Japan, had been dealt in the decrees of the Japanese government and policy-making of GHQ. It has already been changed to the problem as 'economic cooperation' from the 'debt'. Also, the critical records for post-war compensation were preserved dispersedly in the United States and Japan under the top-down decision making process of GHQ-Japan. Therefore, the dispersed records of 1910-1952 about the colonial rules by the Imperial Japan and the post-war compensation on them must be re-investigated for the adequate documentation in the context of time and space.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.313-374
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• 2020

The idea of creating a new International Space Agency (ISA) is only my academic and practical opinion. It is necessary for us to establish ISA as an international organization for the efficient and rapid exploitation of natural resources in the moon, Mars and other celestial bodies. The establishment of ISA as a new international regime is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to establish as a preliminary procedure, it needs to make a "Draft for the Convention on the Establishment of an International Space Agency" among the space-faring countries. In this paper, I was examined the domestic space legislation in the United States, Luxembourg, European Space Agency, China, Japan, the Republic of Korea as well as space exploration and planning of the moons, Mars, Asteroids, Venus, Jupiter, Saturn, Titan and Other Celestial Bodies. The creation of an ISA would lead to a strengthening of the cooperation needed essentially by the developed countries towards joint and cooperative undertakings in space and would act as a catalyst for the space exploration and exploitation of the moon, Mars and other celestial bodies. It will be managed effectively and centrally the exploitation and exploitation of space the natural resources, technology, manpower and finances as an independent organization in order to get the benefit of the space developed countries by ISA. It is desirable and necessary for us to establish ISA in order to promote cooperation in space policy, law, science technology and industry among the space developed countries in the near future. The establishment of the ISA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon and other celestial bodies. I would propose the "Draft for the Convention for the Establishment of an International Space Agency." in refering the "Convention for the Establishment of a European Space Agency." This "Draft for the Convention Convention for the Establishment of an ISA" must pass the abovementioned "Draft for the Convention" by two-third majority of Diplomatic Conference in the UNCOPUOS. Finally, a very important point is need that a political drive at the highest level and a solemn statement by heads of state of the space devloped countries including the United Nations for the space exploitation of the medium and long term. It should be noted that this political drive will be necessary not only to set up the organization, but also during a subsequent period. It is desirable and necessary for us to establish the ISA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads of the superpowers including the United Nations will be agreed to establish ISA at a summit conference, 1 am sure that it is possible to establish an ISA in the near future.

• Korean Journal of Heritage: History & Science
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• v.57 no.1
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• pp.54-79
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• 2024

The purpose of this research is to fill the vacuum created by the tendency of bias towards China among the curators of Korean museums who plan exhibitions focusing on Balhae, and to share with researchers in the countries concerned various supplementary research materials that could deepen their understanding of the history of Balhae. These materials are based on analyses of the details of exhibitions about Balhae held in a particular Russian museum and the characteristics of and changes in the museum's operational policy. Thus, this research focuses mainly on the permanent and special exhibitions held by the Far East History Museum and Reserve, whose collection represents the archaeological achievements of Russia regarding the history of Balhae. The first part of the research focuses on the layout of the exhibitions presented by the museum and the museum's operational policy. It reveals that the museum's permanent exhibitions follow a diachronic arrangement of the local history, while the first and second special exhibitions featured exhibits that were selected from the collections of the Russian Academy of Sciences and arranged according to specific themes. It also examines the museum's policy for operating the exhibitions, focusing on the operational rules, the human resources deployed to run them, and the related educational and PR programs. The second part of the research examines such issues as local politics, economy, education and culture related to the exhibitions on Balhae's history, and connects them to the background and development of the exhibitions. This study reveals that the permanent exhibitions were intended to promote historical awareness of the local area by museum visitors, particularly those who visited the exhibitions while the city was hosting important events such as international summits. It also reveals that the museum's first special exhibition led to the promotion of Korea-Russia cooperation on exchanges in the fields of culture and tourism, whereas the second special exhibition involved no PR efforts or related events, which was probably due to the changes that have occurred in the relationship between Russia and its neighboring countries since then. The final part of the study focuses on the characteristic features of the exhibition narratives, and compares school textbooks on local history and history books for general readers with the contents of the exhibitions. The analysis of the narratives based on the development of time shows that the history of the Mohe (or Malgal) tribes has been combined with that of Balhae, while they are treated separately in school textbooks. As regards political history, the narrative was largely focused on officials in Balhae's central government rather than on Mohe warriors in the border areas. The maps of Balhae presented in the exhibitions highlight the importance of accumulating empirical data. As for the exhibition of material cultures, this study suggests that the museums should obtain more archaeological floral and faunal remains related with agriculture and hunting. It also points out that the narrative on the theme of foreign relations deals with the archaeological relics of Unified Silla together with those of the Turkic tribes. As for the theme of philosophy and culture, the narrative focused on the state ceremonies and rituals of Goguryeo, a theme that has attracted little attention among Korean academic circles and which consequently requires further study. In conclusion, this study is meaningful in that it suggests a number of research topics regarding the development of exhibitions and exhibition narratives about the history of Balhae by a prestigious Russian museum that specializes in this subject.

• Korea and Global Affairs
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• v.1 no.1
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• pp.71-96
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• 2017

This study speculates on responses to the nuclear threats of North Korea and mutual assistance and cooperation between South Korea, the U.S. and China for the unification of the Korean Peninsula. As for the North Koreas nuclear issue and unification of the Korean Peninsula, South Korea is the subject of national division, the U.S. is a responsible country in international issues and does not have diplomatic ties with North Korea. China is a traditional socialist nation and a supporter of North Korea. As North Korea's strategic weapons including nuclear weapons and ballistic missiles are international issues, to defend against Kim Jung-Eun's unexpected acts, the three countries should actively cooperate with each other and develop countermeasures. However, with respect to the road map of the North Koreas issue, there are subtle differences between the U.S. and China in recognition of and sanctions against North Korea as a resolution of the U..N. Security Council. The U.S. has continued a deterrence policy and sanctions against North Korea based on joint threats between South Korea and the U.S. while China has showed a negative position in the process of solving the North Korean nuclear issue because of the unstable security derived from the U.S. 's intervention in the Korean peninsula. North Korea should change its diplomatic policy in a more concrete way towards world peace although it has continued trade of strategic weapons with Middle Eastern countries to maintain its political system. For example, to restart the summit talks and open multilateral security channels. Although the issue of unification of the Korean peninsula should be resolved by South and North Korea themselves, it is strange that South and North Korea depend on the logic of powerful countries for the resolution of a national problem. As for North Koreas nuclear and the Unification issues, peaceful solutions presented by South Korea seem more persuasive than the solution presented by North Korea which did not secure any international support. However, South Korea, the U.S. and China need to develop uni-directional two-tract strategies for sanctions against North Korea and talks with North Korea for peace on the Korean peninsula, and should continue to support the economic independence of North Korea.

• 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.

• Convergence Security Journal
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• v.15 no.6_1
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• pp.79-92
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• 2015

It is required to expand area of inter-Korean economic cooperation, being limited to non-military field, to military field and then, to positively promote arms control in order to establish foundation for peaceful reunification in Korean peninsula. Reasons why arms control has not been promoted between South and North Korea in the meantime were such original factors as follows; (1) limit of confidence building between the South and the North, (2) functional limit of arms control itself, (3) institutional structural limit between the South and the North, (4) environmental limit at home and abroad. It is necessary to get out from existing frame and to seek a new paradigm in order to overcome above factors and to realize arms control between the South and the North. First, it is required to have prior political dialog at the South-North high-level talks in order to promote arms control and to exercise 'strategic flexibility' during negotiation and promotion process. For this, 'flexible reciprocity' has to be adopted in compliance with situation and conditions. Second, it is necessary to get out from existing principle of 'confidence building in advance and arms reduction later' but to seek the 'simultaneous driving principle of confidence building and arms reduction' as an eclectic approach. Namely, based on reasonable sufficiency, it is required to promote military confidence building and limited arms reduction in parallel, which is a lower level of arms control. Third, as an advisory body of Prime Minister's Office, it is necessary to install an organization exclusively responsible for arms control and to positively handle arms control issue from the standpoint of national policy strategy. If the South-North high-level talks take place, it is necessary to organize and operate 'South-North Joint Arms Control Promotion Board (tentative name)'. Fourth, it is required to exercise more active diplomatic competence in order to create national consensus on necessity of arms control for peaceful reunification and to form more favorable international environment. Especially, it is necessary to think about how to solve nuclear issue of North Korea together in collaboration with international society and how to maintain balance between ROK-US alliance and Sino-Korean cooperation relations.

• Korea and Global Affairs
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• v.2 no.1
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• pp.69-92
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• 2018

North Korea conducted a total of six nuclear tests from the 1st test of 2006 to September, 2017. North Korea developed an armed forces security strategy at the level of regime protection and defense to respond to U.S. hostile policy. However, it is certain that strategic goals of North Korea's nuclear test were to overcome a crisis in North Korea's regime through US-North Korea negotiation and complete nuclear armed forces for socialist unification on the Korean Peninsula. North Korea's continuous nuclear test is a direct factor in threatening peace on the Korean Peninsula and an indirect factor in security dynamics of Northeast Asia. The U.N. Security Council has enforced sanctions against North Korea through six resolutions against North Korea's reckless nuclear test for the past 10 years. However, Kim Jong-Un's regime is in a position to stick to simultaneous pursuit of nuclear and economic development in spite of anti-North sanction of international society including U.N. and U.S.A. It is understood that North Korea was stimulated to conduct intense nuclear test as U.N. and U.S.A's anti-North sanction was not effective on North Korea. Full-scale and local wars are expected as military options, one of anti-North sanctions of the Trump administration. The Trump administration has attempted diplomatic pressure strategy as a secondary boycott unlike previous administrations. Nevertheless, North Korea has stood against U.N. and U.S.A's anti-North sanction with brinkmanship tactics, announcing full-scale military confrontation against U.S. It is judged that North Korea will pursue simultaneous nuclear weapons and economic development in terms of regime survival. North Korea will have less strategic choices in that its regime may collapse because of realistic national strategy between U.S.A. and China.

• Korean Security Journal
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• no.28
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• pp.153-179
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• 2011

Korea has been a victim of State supporting terrorism by North Korea even before international society realize the terrorism threats because of 9.11 in US. However, state supporting terrorism against South Korea by North Korea went along with East/West Cold War System by US and the Soviet Union. It is because socialism that Kim Il-sung who established a separate government in North Korea with the political, economic, social and military support of the Soviet Union selected as his political ideology justifies terrorism as the tool to complete the proletariat revolution. North Korea's state supporting terrorism is being operated systematically and efficiently by military of North Korea. It gives big worries to international society not only by performing terrorism against Korea but also by dispatching terrorists and exporting terrorism strategies to the third world countries. In this situation, terrorism against Korea has met a new transition point at 9${\cdot}$11 in US. As South Korea is confronting North Korea and the war has not ended but suspended, the alliance between US and Korea is more important than anything else. Because of this Korea decided to support the anti-terrorism wars against Afghanistan and Iraq of US and other western countries and send military force there. The preface of the anti-terrorism war has begun as such. On October 7, 2001, US and UK started to attack Afghanistan and Taleban government in Afghanistan was dethroned on December 7, 2001. US and western countries started a war against Iraq on March 20, 2003. On April 9, 2003 Baghdad, the capital of Iraq fell, and Saddam Hussein al-Majid al-Awja government was expelled. During the process, the terrorism threat against South Korea has expanded to Arab terrorists and terrorism organizations as well as North Korea. Consequently, although Korean government, scholars and working level public servants made discussions and tried to seek countermeasures, the damages are extending. Accordingly, terrorism against Korean companies in overseas after 9${\cdot}$11 were analyzed focusing on Nation, Region, Victimology, and Weapons used for the attacks. Especially, the trend of terrorism against the Korean companies in overseas was discussed by classifying them chronologically such as initiation and termination of anti-terrorism wars against Afghanistan and Iraq, and from the execution of Iraqi President, Saddam Hussein al-Majid al-Awja to December 2010. Through this, possible terrorism incidents after the execution of Osama bin Laden, the leader of Al-Qaeda, on May 2, 2011 were projected and proposals were made for the countermeasures.