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Coastal State's Jurisdiction over Suspected Vessels on the High Seas - In relation to the case of F/V Jin Yinn in USA - (공해상의 범죄혐의 선박에 대한 연안국의 관할권 - 미국의 F/V JIN YINN호 사건등과 관련하여 -)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.17 no.1
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    • pp.47-52
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    • 2011
  • On the high seas, under international law, a ship is subject to the jurisdiction of the state whose flag she flies. Vessels of any flag are free to navigate the high seas without interference from other states. Thus, there are certain limits of coastal state's exercising law enforcement jurisdiction over a foreign flag vessel on the high seas. However, there are exceptions to exclusive flag state jurisdiction. One of them is the theory of constructive presence. The other is theory of partial execution. Korea Coast Guard's law enforcement authority should be exercised more actively based on those theories supported by the international cases.

Level of User Awareness for Illegal Downloading of Movie Content (영상 컨텐츠 불법 복제에 관한 사용자 의식 수준)

  • Rhee, Hae-Kyung;Kim, Hee-Wan
    • The Journal of the Korea Contents Association
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    • v.9 no.11
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    • pp.212-224
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    • 2009
  • Proliferation of high performance internet infrastructures finally allows their users download a single copy of regular movie just within in a couple of seconds. Ease of accesses to the software for downloading consequently leads them insensitive to the ethics or legitimacy of their conduct. Thus, strong legal action is enforced for piracy over nationally through strengthen the copyright law. We in this paper conducted a survey to see whether netizens prefer to download just for the matter of their convenience. Whilst the level of awareness is addressed even in a far-fetched manner in the area of music piracy and computer software piracy, the case of movie is much different in that we even fail to find any survey that has been made for movie piracy. The survey has been made by devising questionnaires for netizens and it was posted web WorldSurvey, which is the most prominent online survey site in Korea. To our surprise, 9 out of 10 respondents expressed they actually resort to illegal downloading for the reason of convenience. We realized one more surprise. More than 95% of netizens conspicuously aware of their downloading behaviors are mischievous and illegal without reservation.

A Study on the Issues on Moral Rights of Oral History Resource (구술자료의 인격적인 권리에 관한 연구)

  • Lee, Ho-Sin
    • Journal of Korean Society of Archives and Records Management
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    • v.12 no.3
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    • pp.47-69
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    • 2012
  • There are so many personal experiences and innermost feelings in oral history resource. Thus, when we use the oral history resource, it has a lot of the possibility to arise ethical and legal issues. To prevent the problems and to protect interviewee, it is needed to comply the guideline for ethical and legal issues through the oral history project. The ethical issues are applied to every step of the project. The most important principle for ethical issues are the mind to protect the dignity of interviewee. The moral right is classified the right of privacy and defamation issues. The right of privacy is basic human rights to guard for the freedom of the individual. The defamation is defined as a false statement of the fact about a person which tend to injure that person's interest.

Influence of the Geometry of Guide Groove on Stress Corrosion Index of Rock in Double Torsion Test (이중 비틀림 시험에서 유도 홈의 형상이 암석의 응력부식지수에 미치는 영향)

  • 정해식;미원우삼;전석원
    • Tunnel and Underground Space
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    • v.14 no.5
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    • pp.363-372
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    • 2004
  • Double torsion (DT) tests were carried out to investigate the influence of the geometry of guide groove on stress corrosion index of Kumamoto andesite. The fracture toughness was measured in the constant displacement rate, which was set to 2.07 MN/m$^{3}$2/ in average regardless of crack velocity. Stress corrosion indices, n were evaluated using specimens with rectangular, circular and triangular grooves and were 37, 36 and 38 in average, respectively. The n values were constant regardless of the groove geometry, however the DT specimen with triangular groove geometry showed the largest standard deviation in the relationship between crack velocity and stress intensity factor. The DT test was found to be effective in using a rectangular-grooved specimen and the width of the groove must be greater than the average grain size of minerals.

A Study on Assuring the Effectiveness of Administrational Regulation and Supervision in Korea Private Security (민간경비에 대한 행정규제 및 감독의 실효성 확보 방안)

  • Lee, Sang-Chul;Shin, Sang-Min;Lee, Min-Hyong
    • Korean Security Journal
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    • no.12
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    • pp.245-269
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    • 2006
  • The suggestions that follow are about the device to assure the effectiveness of administrational regulation and supervision in Korean private security. First, government clearance should be reinforced. For this it is necessary that the qualification for security dealer-careers and academic backgrounds with security etc.- should be elucidated in Security Law. Also it should be achieved to increase the capital fund and to keep security guards for insuring substitutional manpower. Second, after legal permission governmental supervision should be done in quality by means of setting up the competent institutions independently. Third, the punishment for obtaining security license mendaciously, carrying out illegal or unfair task and assigning Security Guard Supervisors expediently should be strengthened. Also to prevent expedient acts it is necessary to prescribe illegal or unfair acts in the concrete in Security Law and violators should be legally responsible. Fourth, to lay the foundation for security industry itself and make up for perfunctory governmental direct System for Professional License (of private security guard) should come into effect.

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A Study on the Scope of Protection for Freedom of Expression on Internet: Focused on the Analysis of Judicial Precedents on Cyber Conflicts (인터넷에서 표현의 자유 보호 법리에 관한 연구: 사이버 분쟁에 대한 법원 판례 분석을 중심으로)

  • Yun, Sung-Oak
    • Korean journal of communication and information
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    • v.50
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    • pp.29-49
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    • 2010
  • Various opinions are expressed about the Internet Regulation. Some people argue that it is impossible to control because of the technical characteristics of Internet, while other people argue that it is easy to control. Recently in Korea, a move to reinforce the Internet Regulation through the extension of cyber real-name system is emerging, whereas the concern for its excessive infringement of the Freedom of Expression is increasing. This paper was intended to draw a reasonable direction for Internet Regulation in our society. And accordingly this paper tried to suggest a desirable direction of Internet Control in the future and to draw a criterion for domestic court judgement by analyzing cases of cyber defamation so far. The result of this study proposed that the Freedom for Expression be widely secured in the case of cyber defamation of criticism and political comments upon public officials and that the legitimacy and effectiveness of Internet Regulation be ensured. This result of study is expected to help establish the direction and principle of Internet Regulation in the future around Korea Communications Commission and Korea Communications Standards Commission.

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On the Optimization Methods of Spatial Proximity to Set the Class Intervals for the Choropleth Map (단계구분도의 계급구간 설정을 위한 공간적 인접성의 최적화기법에 관해)

  • Son, Ill
    • Journal of the Korean Geographical Society
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    • v.36 no.4
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    • pp.434-443
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    • 2001
  • Differing from the existing method to optimize the statistical proximity, the new optimization method was developed to maximize the spatial proximity among the unit areas of choropleth map. 25 choropleth maps were made using 5 classification methods(maximum BEI, maximum TEI, equal interval, natural break, n-tile) for 5 classes(3∼7) and were analyzed to elucidate the effectiveness of classification methods on the basis of 3 evaluation indeces (TEI, BEI, $C_{F}$). The results from the maximum TEI and maximum BEI were evaluated as relatively stable and effective compared to those from other classification methods. But they showed the opposite trends owing to the trade-off relationships. Meanwhile, the resets from the natural break method got higher marks, which was also identified through the analysis using a new $alpha$-index.x.

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A Study on the insurance crime using a false hospitalization (허위입원을 이용한 보험범죄에 대한 연구)

  • Park, Hyung Sik;Park, Ho Jeong
    • Convergence Security Journal
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    • v.15 no.6_2
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    • pp.79-87
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    • 2015
  • In order to clearly recognize illegality of insurance crime, declaring the provisions on insurance crime is preferable. An insurance fraud differentiated from Configuration Requirements of general fraud should be established And differentiation in accordance with the act type of insurance crime the degree of organizational involvement is required. Also the introduction of civil sanctions and creation of additional punishment provision about Organized insurance fraud are required. To notice duplicate insurance when sign up life insurance, the revision of the provisions is required. To limit unnecessary long-term hospitalization, hospitalization standard is required. Introduction of private investigator is required as a method for endowing with investigation to the staff of insurance companies. By providing information sharing laws between relevant agencies including insurance companies and law enforcement agencies, the foundation of information database, and the introduction of SNA Techniques in the IFAS,, you can detect Organized collusion crime.

Evaluate the Concrete mix by Type Accelerated Corrosion Test and Chloride Penetration Analysis with Artificial Seawater Cyclic Wet and Dry Condition (인공해수 건습반복조건에 따른 콘크리트배합별 부식촉진시험법과 염화물 침투해석평가)

  • Park, Sang-Soon;Kim, Min-Wook
    • Journal of the Korean Recycled Construction Resources Institute
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    • v.1 no.3
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    • pp.211-218
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    • 2013
  • Cyclic wet and dry conditions in the marine environment structures corrosion is known to be the fastest rising. For that reason, accelerated corrosion test methods for the reproduction of tidal environment has been actively conducted. However, many studies have estimated threshold value for steel corrosion or concentrated in chloride penetration analysis. In this study, cyclic wet and dry conditions to reproduce the structure of the environment in accelerated corrosion and chloride penetration test analysis was performed. Corrosion was determined by the result of reinforcement corrosion monitoring based on galvanic potential measurement and half-cell potential method. Accelerated corrosion test results for each formulation was different corrosion periods, the order OPC> FA> BS> High-strength concrete. FEM durability interpretation program DuCOM was conducted under the same conditions as in accelerated corrosion test. The experimental RCPT tests demonstrated the validity of the result.

Effective Extraterritorial Application of Criminal Law outside the Territorial Sea - Related to the Enactment of the Korean Coast Guard Act - (영해외 해역에서 형사관할권 행사의 효율화 방안 - 해양경비법의 제정과 관련하여 -)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.5
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    • pp.446-454
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    • 2012
  • This study discusses effective extraterritorial application of criminal Law outside the territorial sea. The paper focuses on the factual differences between vessels and cars which justify the varying standard. Thus, warrantless searches and safety inspection need to be validated because of the exigent circumstances of the sea. Warrantless searches at sea may also be justified based on border search exception. These theories in U. S. law will be helpful for legislation and law enforcement related to the Korean Coast Guard's mission. The paper also discusses Korean Coast Guard's Act's newly enacted provisions concerning search, arrest and hot pursuit.