• Journal of Environmental Policy
• /
• v.6 no.1
• /
• pp.1-40
• /
• 2007

The research in this paper, for the effective implementation of CBD PoW PA(Program of Work on Protected Areas of Convention on Biological Diversity) that was adopted by CBD COP7(Conference of the Parties) in 2004, shows the objectives and activities of 9 each subject in PoW PA regarding domestic status and cases of national park management. Before anything else, according to the result of the review on the status of protected areas in Korea, there are 1,119 protected areas which are classified into 14 types and the total area is about $15,621km^2$. After a thorough review on 9 each subject about the implementation of CBD PoW PA, we found out that some parts such as management planning, prevention and alleviation of threats, and establishment of PAs system, are improved while financial support, improved social benefit, and MEE(Management Effectiveness Evaluation} fields are need to be improved. Especially regarding time-bound, ecological gap analysis on national level and MEE are need to be improved immediately. This paper could help us to understand the current status of PAs management system in Korea and to prepare national reports of CBD and implementation report of PoW PA. Based on research and results of this paper, we need to find the fields that have gaps in order to meet the requirements of the CBD PoW PA and the implementation tools that are suitable for managing Korea's protected areas. To effectively implement the various activities which require a systematic approach on the national level, the establishment of the networks among relevant organizations for protected areas are vital. To effectively reach the ultimate goal of CBD PoW PA, reducing the rate of biodiversity loss, it is essential that lots of plans established by authorities must be carried out in a constant manner to achieve goals of CBD PoW PA.

• Korean Journal of Social Welfare
• /
• v.37
• /
• pp.89-118
• /
• 1999

The goal of this paper is to define the distinguishing characteristics of Korea's National Pension Scheme compared to the National Pension types of other countries and sees if those characteristics are significant enough in order to warrant calling these the "Korean Model". Also, another point to consider is, if this "Korean Model" does indeed exist, whether it is a 'sustainable' model or not. The National Pension Scheme, which was implemented in 1988, is similar to the public pension system formerly used in Japan. The National Pension Scheme broke away from this 'Japanese Model' in 1995 with implementation of the Farmers and Fishermen Pension, and the unique "Korean Model National Pension" was completed in 1998 with revision of the National Pension Law. The characteristics of the Korean National Pension can be defined as being balanced equally on ability and equality, possessing strong intergenerational income redistribution, having a nationally integrated structure, an incomplete funded method financial neutralism of the government and also as being a Monroe-oriented pension system. There are several limits to the sustainable development of this Korean Model National Pension, though. Even though the precondition of "the income determination problem of self-employed persons", which has strong intra-generational income redistribution. in actuality there are still many policy issues to be confronted such as the structure which 'transfers the burden to the future generation', the 'inter-generational inequity' of the incomplete funded system, persons excluded from coverage under the national integrated structure, 'compulsory loaning of the public sector by the National Pension Fund' under the government's principle of finance neutralism, the separate existence of the 'Monroe-oriented National Pension' from other pensions, etc.,. Therefore, it need to reform of NPS once again to sustainable development of KMNP.

• The Korean Journal of Air & Space Law and Policy
• /
• v.33 no.1
• /
• pp.205-226
• /
• 2018

For sustainable development of air transport, the establishment and application of international standards of environmental protection area is significant. The development and use of alternative fire extinguishing agent to Halon, which is used for the fire extinguishing systems of engine nacelles/APU and cargo compartments, has been requested in order to protect the ozone layer. The ICAO has been active in preparing international standards and recommended practices (SARPs); however, certification of alternative fire extinguishing agents has been postponed due to technical readiness problem.. Consequently, the implementation of SARPs has also been postponed by two years from the end of 2016. to the end of 2018. As such consequences have caused confusion among Member States regarding its implementation, it is necessary to discuss and pay more attention to this issue. ICAO Council and Air Navigation Commission should consider between setting the implementation time frame earlier or giving enough time for mature readiness and preparedness. Also in order to minimize the unnecessary discharge of Halon owned by Member States, it is necessary to consider efficient management methodologies; for example, requesting fire extinguisher manufacturers to recharge in professional ways. For the successful implementation of the SARPs, ICAO developed an implementation task list as including notification of differences, establishment of a national implementation plan, drafting of the modification to the national regulations and means of compliance, adoption of the national regulations and means of compliance. Member States can develop their own rule making process in reference with the ICAO implementation task list. This issue was presented and discussed during the 54th Conference of Directors General of civil aviation, Asia and Pacific Regions which was held in Ulaanbaatar, Mongolia in 2017 with significant attention among participated Contacting States. In this regards, ICAO Council and Air Navigation Commission should consult with Legal Bureau lawyers regarding SARPs preparing process to eliminate difficulties and confusions for proper implementation within effective date.

• The Korean Journal of Air & Space Law and Policy
• /
• v.25 no.1
• /
• pp.205-236
• /
• 2010

This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

• The Korean Journal of Air & Space Law and Policy
• /
• v.28 no.2
• /
• pp.259-294
• /
• 2013

After its experiment involving the exploding of a satellite in space in 2007, China proudly aired news on TV and ran articles in newspapers. However, the event was internationally criticized and drew widespread attention. Many countries denounced the explosion by pointing out that it could be part of the nation's plan to expand its military power to space or that it could pose a danger to the peaceful use of space. However, there is no talk of whether the experiment that produced a huge amount of space debris could have violated an international law, namely the Outer Space Treaty. Although space garbage has been said to be a serious problem, the amount is still on the increase. If we continue to launch new space launch vehicles into orbit at this rate, we will not be able to use it anytime soon like we do today. As the commercial use of space is likely to increase, the situation will certainly get worse. The international community is fully aware of the seriousness of the problem and working together to reduce the amount of space garbage. However, despite the fact that the United States and Soviet Union's ASAT(Anti-Satellite) programs have been implemented for a long time, there have been no complaints about them in terms of military expansion or breach of the Outer Space Treaty. Also, the recent Chinese test is largely viewed to be in accordance with international law. A lot of research has been undertaken with regard to the problem of space garbage. Now people's awareness of dangers being posed has been fully raised. Under the circumstances, the dismissing of China's satellite smashing, leaving a big mess in its wake, as nothing more than an experiment, is a red flag to, if not many, at least some people. By means of this thesis, I would like to review whether the Chinese test has violated an international space law. This thesis presents an overview of the issues surrounding the event and examines the possibility of violating the Outer Space Treaty, formally the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. After the China test, the UN Scientific and Technical Subcommittee first adopted space debris mitigation guidelines, I'll introduce the content of the guidelines and discuss the characteristics of the guidelines and what can be done to address the issue.

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

• The Korean Journal of Air & Space Law and Policy
• /
• v.24 no.1
• /
• pp.153-194
• /
• 2009

The resources of outer space are for the common exploitation of mankind, and it is a common responsibility of mankind to protect the outer space environment. With the rapid development of space science and technology, and especially with the busy space activities of some major space powers, environmental contamination or space debris is steadily increasing in quantity and has brought grave potential threats and actual damage to the outer space environment and human activities in space. Especially We must mitigate and seek out a solution to remove space debris which poses a threat directly to man's exploitation and use of outer space activities in the Low Earth Orbit (LEO) and in the Geostationary Orbit (GEO), through international cooperation and agreement in the fields of space science, economics, politics and law, in order to safeguard the life and property of mankind and protect the earth's environment. While the issue of space debris has been the subject of scientific study and discussion for some time now, it has yet to be fully addressed within the context of an international legal framework. During the earlier stages of the space age, which began in the late 1950s, the focus of international lawmakers and diplomats was the establishment of basic rules which sought to define the legal nature of outer space and set out the parameters for space activities and the nature and scope of activities carried out in outer space were quite limited. Consequently, environmental issues and the risks that might arise from the generation of space debris did not receive priority attention within the context of the development international space law. In recent years, however, the world has seen dramatic advances in technology and increases in the type and number of space-related activities which are being carried out. In addition, the number of actors in this field has exploded from two highly developed States to a vast array of different States, intergovernmental and nongovernmental organizations, including private industry. Therefore, the number of artificial objects in the near-Earth space is continually increasing. As has been previously mentioned, COPUOS was the entity that created the existing five treaties, and five sets of legal Principles, which form the core of space law, and COPUOS is clearly the most appropriate entity to oversee the creation of this regulatory body for the outer space environmental problem. This idea has been proposed by various States and also at the ILA Conference in Buenos Aires. The ILA Conference in Buenos Aires produced an extensive proposal for such a regulatory regime, dealing with space debris issues in legal terms This article seeks to discuss the status of international law as it relates to outer space environmental problem and space debris and indicate a course of action which might be taken by the international community to develop a legal framework which can adequately cope with the complexity of issues that have recently been recognized. In Section Ⅱ,Ⅲ and IV of this article discuss the current status of international space law, and the extent to which some of the issues raised by earth and space environment are accounted for within the existing United Nations multilateral treaties. Section V and VI discuss the scope and nature of space debris issues as they emerged from the recent multi-year study carried out by the ILA, Scientific and Technical Subcommittee, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space ("COPUOS") as a prelude to the matters that will require the attention of international lawmakers in the future. Finally, analyzes the difficulties inherent in the future regulation and control of space debris and the activities to protect the earth's environment. and indicates a possible course of action which could well provide, at the least, a partial solution to this complex challenge.

• Journal of Intelligence and Information Systems
• /
• v.21 no.3
• /
• pp.37-52
• /
• 2015

The recent global trends display expansion and growing solidity in both cooperative collaboration between industry, education, and research and R&D network systems. A greater support for the network and cooperative research sector would open greater possibilities for the evolution of new scholar and industrial fields and the development of new theories evoked from synergized educational research. Similarly, the national need for a strategy that can most efficiently and effectively support R&D network that are established through the government's R&D project research is on the rise. Despite the growing urgency, due to the habitual dependency on simple individual personal information data regarding R&D industry participants and generalized statistical data references, the policies concerning network system are disappointing and inadequate. Accordingly, analyses of the relationships involved for each subject who is participating in the R&D industry was conducted and on the foundation of an educational-industrial-research network system, possible changes within and of the network that may arise were predicted. To predict the R&D network transitions, Common Neighbor and Jaccard's Coefficient models were designated as the basic foundational models, upon which a new prediction model was proposed to address the limitations of the two aforementioned former models and to increase the accuracy of Link Prediction, with which a comparative analysis was made between the two models. Through the effective predictions regarding R&D network changes and transitions, such study result serves as a stepping-stone for an establishment of a prospective strategy that supports a desirable educational-industrial-research network and proposes a measure to promote the national policy to one that can effectively and efficiently sponsor integrated R&D industries. Though both weighted applications of Common Neighbor and Jaccard's Coefficient models provided positive outcomes, improved accuracy was comparatively more prevalent in the weighted Common Neighbor. An un-weighted Common Neighbor model predicted 650 out of 4,136 whereas a weighted Common Neighbor model predicted 50 more results at a total of 700 predictions. While the Jaccard's model demonstrated slight performance improvements in numeric terms, the differences were found to be insignificant.

• Korean Journal of Heritage: History & Science
• /
• v.48 no.3
• /
• pp.80-95
• /
• 2015

The purpose of this study is to establish an effective protection and management system for World Heritage (WH) nomination of Southwestern Coast Tidal Flat (SCTF) by proposing a model of protection and management. SCTF has a potential to become a representative best practice to achieve a sustainable development for human society. SCTF has a potential Outstanding Universal Values (OUVs) for WH nomination, thus a harmony between human and nature for wise use of natural resources needs to be pursued. It is required to present the system of SCTF's protection and management and to analyze present status of the regions in the Tentative List by comparing the case which were already inscribed as WH. For better protection of nominated areas, SCTF should expand an area for protection with additional designation. For the management system, two separate management systems such as the Department of Culture & Tourism and the Department of Oceans & Fisheries need to be reconciled. Because of this overlapping management structure, the management of the nominated sites has been inefficient and long-term management plan is lacking. Therefore, it is necessary to integrate conflicting management system of each local government and make a long-term, integrated management plan. To make an efficient and sustainable protection and management, it is essential to set up a collaboration system by integrating various stakeholders such as central and local governments, academic organizations, local residents, and NGOs. As in the case of Wadden Sea, the combined community system of the stakeholders mentioned above should be established. Because it is essential for local residents to understand a basic concepts for protection and management, it is necessary to establish capacity-building of local people. The protection and management structure should be set up by bottom-up processes, that is the proper structure shoud be based on thorough research on local society as well as thorough communication with local residents to make relevant laws and policies. This study also propose the proper plan for better conservation and management of SCTF.

• The Korean Journal of Air & Space Law and Policy
• /
• v.33 no.2
• /
• pp.419-442
• /
• 2018

Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.