• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.26-32
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• 2014

The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.6
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• pp.808-814
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• 2021

The International Maritime Organization (IMO) explicitly stipulates the required performance of satellite based radio-navigation systems available for navigational purposes. Until 2019, the IMO had only recognized systems that could be serviced globally for satellite based radio-navigation. However, India's regional navigation satellite system has been approved recently, and other regional navigation satellite systems have also been made available for maritime navigation. Thus far, the IMO has approved the use of a total of five satellite navigation systems, such as the GPS, GLONASS, Galileo, BeiDou, and NavIC. In Korea, in addition to the four satellite based radio-navigation systems that are used excluding NavIC, Japan's regional navigation satellite system that has not yet been approved can be received. Japan has requested the IMO to recognize the QZSS as a WWRNS to formalize its use for ocean navigations. Given that the service coverage of the QZSS is not limited to Japanese territorial waters and also includes Korean waters, the suitability analysis of the QZSS for domestic navigation is important for maritime safety. This study aims to analyze the suitability of using the QZSS for domestic navigation. Accordingly, this work explores the status and plans of the QZSS as well as the performance required by the IMO for recognition as a WWRNS. The methods and environmental conditions examined in this work are described, and the analyzed results are presented in terms of positioning accuracy and availability.

• International Area Studies Review
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• v.15 no.2
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• pp.403-425
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• 2011

Canada became the first OECD/DAC member state that legislated the ODA Accountability Act in 2008, which prescribe Canada ODA policies to meet the guidelines and norms of international human rights while other OECD/DAC member states was just emphasizing the importance of abiding by the international human rights norms. Paying attention to the Canadian case, this article critically examines under what structural environments and process this Act was passed. This article argues that the legislation of the ODA Accountability Act is closely related with Canada's international position as middle power and diplomatic strategies. Bring up the human security issues as a niche market, Canada demonstrates the characteristics of middle power state by emphasizing human rights agenda as new foreign policy strategies. Reflecting on the negative outcomes from neoliberal aid policy of structural adjustment and promoting the new aid norms in post cold war era would also help foster the enabling environment for the value-oriented aid policies and enactment of the Accountability Act. Civil society organizations were also playing catalyst role in constructing Canada's state identity of human rights defender.

• Journal of Ginseng Culture
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• v.5
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• pp.1-20
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• 2023

In 1749, during an incident near the Tumen River in Hunchun, six people, all Qing ginseng pickers, were killed by seven Korean soldiers from the Chosŏn garrison. The Chosŏn soldiers encountered the ginseng pickers on the border and agreed to exchange goods, but when they failed to receive the proper price for rice, the soldiers became angry and decided to attack the Qing ginseng pickers. The seven Korean criminals were executed a year and a half after the incident. The whole process regarding the arrest and investigation of the criminals, as well as the official exchanges between the Qing and Chosŏn governments, were recorded in detail in the Chosŏn document written in Chinese and the Qing documents written in Manchu. In dealing with this murder case, the Qing local officials focused on identifying the murdered victims, clarifying the victims' responsibilities, and disposing of their remaining belongings. On the other hand, the Chosŏn government focused on providing reports quickly to the Qing officials about the investigation of the criminals. In doing so, it tried to reduce the risk of any possible problems that the murder case on the border could cause in its relations with the Qing government. The relevant records on this murder case show various aspects of the Qing and Chosŏn relations, including the contacts between the people along the Tumen River, border trespassing, material exchanges, rules about ginseng picking, and border patrols. This case also reveals that the Qing and Chosŏn people from various classes had different relationships depending on their respective interests.

• Korea Trade Review
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• v.41 no.5
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• pp.187-211
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• 2016

This study discusses the right of suspension of performance against anticipatory breach under SGA. Anticipatory breach originated in Hochster v De La Tour allows the innocent party to exercise immediately the right or rights reserved for the non-performance of obligations. But it has not been codified in English Law. Instead, under SGA s. 41 and s. 44, the seller may suspend his performance against the buyer' anticipatory breach. Lien under s. 41 and stoppage in transit under s. 44 are given only to the seller in a narrowly-defined situation. Under SGA s. 41, the unpaid seller is entitled to retain possession of goods where the buyer becomes insolvent. But under SGA s. 43, the unpaid seller loses the right of lien when he delivers goods to a carrier or other bailee or custodian for the purpose of transmission to the buyer without reserving the right of disposal, or when the buyer or his agent lawfully obtains possession of the goods, or by waiver of lien. Under SGA s. 44, the unpaid seller may exercise the right of stoppage in transit if the buyer becomes insolvent, despite the fact that the property of goods has passed or a bill of lading has been transferred to the buyer. But, under s. 45, the right of stoppage in transit is ended when the buyer or his agent takes delivery of goods. And where the buyer transfers a bill of lading to a sub-buyer, the unpaid seller loses his right to stop goods in transit.

• Korea Trade Review
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• v.41 no.3
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• pp.63-107
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• 2016

This paper analyzed the restrictiveness of the rules of origin of the 15 FTAs of Korea utilizing the restrictiveness index suggested by Estevadeordal(2000). The main purpose of the paper is to provide an update of the current status and characteristics of the restrictiveness of the rules of origin based on product type and country. The research showed that FTA with EU and Turkey showed the highest restrictiveness, whereas New Zealand, Peru and India showed the lowest. Overall, Korea's restrictiveness index was found to be at appropriate levels. Additionally, in terms of the current status by restrictiveness index, over time with the exception of European countries in the FTA, products with the lowest score in restrictiveness index of 2 continued to be processed in the Korea-Peru FTA which illustrated the current trend of easing restrictiveness. In terms of restrictiveness index based on product type, commodity products, processed food, clothing-fabric-general merchandise were found to be very strict. However, in categories such as general machinery, electronics, chemical products and precision instruments, the restrictiveness index showed the lowest readings. The results imply the high restrictiveness in sensitive products that are vulnerable from competition through high tariffs, and easing of restrictiveness in competitive products in order to vitalize trade. The results also show that in Korea's FTA, Korea's rules of origin in FTA vary and are sorted in a complicated manner. With an increasing number of FTAs and a number of different rules of origin, there is a need for standardized criteria for Korea. This study was significant in that it compiled all the rules of origin and the restrictiveness index of all FTAs that came into effect and have been negotiated in Korea. The results of the research are expected to be used as an informative and meaningful guideline for Korea's FTAs.

• Journal of the Daesoon Academy of Sciences
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• v.48
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• pp.1-40
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• 2024

Time can be the fundamental basis of religious doctrine and the foundation for a life of faith. Therefore, understanding a religion's interpretation of time and exploring its perception is accepted as one of the approaches to comprehending its principles. Based on this idea, this article delves into how chronos (measured time) and kairos (experienced time) are manifested in Daesoon Jinrihoe. In Daesoon Jinrihoe, the moment when chronos and kairos intersect is considered a moment of spiritual experience. Ethical codes are accomplished in the midst of the process of defining this time as the Heavenly Dao and adjusting human affairs accordingly. These ethics lead individuals towards a religious life. East Asian traditions also apply this logic, but Daesoon Jinrihoe differs in that it emphasizes reinterpreted ethics. Furthermore, Daesoon Jinrihoe posits that Degree Numbers (度數) are a device that ensures the transition from chronos to kairos. Degree Numbers, which are both a law of the universe's motion and a function of time, were emphasized by the Kang Jeungsan when he advocated for the discarding of old ways and the creation of the new ways. He thereby urged humans to live in accordance with time. Time is also facilitated in the dimension of ritual observances and participation, with examples including prayers, devotional offerings, and holy works (gongbu, 工夫). Those rituals of Daesoon Jinrihoe actively incorporate a unique basis of reason for this style of engagement with time, which is one of the aspects that is held to secure justification.

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.177-199
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• 2015

Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

• 재활복지
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• v.22 no.2
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• pp.1-30
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• 2018

This paper attempts to explore the place of human and disability rights from the perspective of Social Welfare within the context of the UN Disability Rights Convention of 2006. The overall discussion is focused especially upon the situations of human and disability rights in the Democratic People's Republic of Korea (North Korea) as it is being challenged to drastically address the issues of human rights in general, and disability rights in particular. The UN Disability Rights Convention challenges every ratified State party to commence legal reforms, legal harmonization, and policy and program developments to implement the Convention. Both North and South Korea are not exceptions to this. Even without drawing upon the UN's the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, the dire situation of human rights in North Korea is well documented. However, this paper does not assume South Korea's human rights are any way superior to that of North Korea. This paper spells out areas for further action common to two Koreas and to any other nations for that matter. Apart from the general discussion on disability rights, the distinctive contribution of this paper lies in the fact that it has endeavored to draw upon any latest information and data on North Korea. It relied on various sources from UN and also from North Korea itself. One can note that North Korean disability authorities are making strenuous efforts to improve human rights of persons with disabilities in their desires to seek assistance from outside. It also shows an enormous need for international cooperation in seeking financial and material supports. This paper notes the latest political development between North and South Korea in taking "phased" steps for peace and stability as a positive sign for North and South Koreans' DPOs collaboration under the banner of International Cooperation of the article 32 of the UN Disability Rights Convention. More critically, this paper points to the further need to improve the overall data bases to ensure balanced legal reforms, policy developments and sharpen the areas of international collaboration.