• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.159-203
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• 2010

Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

• Journal of Korea Port Economic Association
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• v.37 no.3
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• pp.117-128
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• 2021

In order for the users (shipping firms and shippers) and suppliers (stevedoring firms) in the container terminal industry to win-win, it is necessary to have some appropriate diverse market conditions for the industry. This study analyses the basic conditions and demand and supply characteristics of the industry and investigates the market performance of Busan container ports. First, this article analyses the basic characteristics of demand and supply. As the demand characteristics, there are five ones such as 1) exogeneity of demand, 2) function as export/import transportation and hub for transshipment, 3) increase of users' bargaining power, 4) high substituting elasticity, 5) reduction of volume growth. As the supply characteristics, there are seven ones such as 1) inelasticity of supply, 2) homogeneity of stevedoring services, 3) over-supply, 4) adoption of cutting-edge stevedoring technology, 5) scale economy and impossibility of storage, 6) labor market rigidity, 7) enhancing port's role in SCM. In addition, this study conducts the so-called structure-conduct-performance analysis. For the structure analysis, 1) lacks of scale economy in stevedoring companies, 2) high entry barrier, 3) strengthening of shipping firms' bargaining power, 4) transitory permission scheme for tariff are analyzed. For the conduct analysis, 1) price discrimination between export/import and transshipment, 2) mid-term length of terminal use contract, 3) continuous investment in equipment, 4) low level of cooperation among terminal operating firms are derived. For the performance analysis, 1) inequality in profitability, 2) reduction of export/import cost, 3) delay in adopting cutting-edge technology, 4) idle equipment are analyzed. Following this logical flow, the hypothesis that the market structure influences the market conduct is tested based on the actual dataset. As a future agenda in the conclusion, this article recommends the so-called port industrial policy.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.6
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• pp.639-652
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• 2023

The fundamental background behind the introduction of the fishing vessel system is to allow petty small fishers to engage in pure fishery business activities with fishing vessels during normal times and engage in fishing vessel business only during specific periods (closed fishing season, etc.) thereby granting a qualification as an auxiliary tool for the economic activities of petty small fishers. In addition, fishing boats are allowed to engage in excursion ship activities using fishing vessels registered under the Fishing Vessels Act, the form of fishing vessels should also have a general and universal structure that is practically easy to engage in fishing activities in the field in accordance with the relevant regulations. However, most fishing vessel proprietors are currently focusing only on increasing income, and rather than building fishing vessels in a reasonable form suitable for the original purpose of general fishing vessels, they prefer an abnormal hull form equivalent to expediency, that is biased hull structure biased toward the fishing vessel business. As a result, it is causing serious problems in safety management as well as conflict [damaging relative equity in government support measures (tax-free oil supply, etc.), and depletion of livelihood-type fish stocks] with fishing vessel forces who consider the fishing vessel business only to be a part of the side job among all fishery business activities. Meanwhile, the most fundamental cause of this problem is that the current Fishing Management and Promotion Act, limits the concept of fishing vessels to fishing vessels registered under the Fishing Vessels Act, and applies survey standards accordingly. Accordingly, in this study, through analysis of the distribution status of fishing vessels, structural characteristics, operation status of fishing vessels, and the government's fishing promotion policies, etc., the relevant laws (regulations) have been reorganized to suit the current reality of the concept of fishing vessels to separate the current fishing vessel from fishing vessels and operate it as a fishing-only vessel.

• Maritime Security
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• v.5 no.1
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• pp.113-136
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• 2022

China has been pushing for a systematic strategy for territorialization over a long period of time to invade Korea's West Sea (Yellow Sea) in order to create China's territorial water. China's strategy for territorializing the West Sea is an activity in which China curbs the use of South Korea and enforces the illegal use of China in order to dominate the West Sea exclusively. China aided Chinese fishing boats that engaged in illegal fishing in Korea's jurisdiction as a means to territorialize the West Sea, and is opposed to combined exercise and training of Korea and the United States Naval Forces in the West Sea, while intentionally entering KADIZ(Korea Air Defense Identification Zone). In addition, Beijing used 'scientific exploration and research' measures as a pretext for its strategies in order to encroach on Korea's West Sea. China is carrying out such work to announce to the world that China is a systematic and organized country while consistently attempting to dominate the West Sea. China's activities in the West Sea seriously infringe South Korea's sovereignty. In order to respond to China's strategies of territorialization in the West Sea stated above, I analyzed the rejection effect of the ROK-US combined military training in the West Sea and presented a 'proportional response strategy centered on the ROK-US combined forces'. Korea should be able to respond proportionally to China's activities in the seas around the Korean peninsula, and Korea should be able to neutralize China's attempt to a Fait Accompli. In addition, just as China installs buoys in the Korea-China Provisional Measures Zone, Korea should be able to install and actively utilize some devices in the West Sea and for the use of free and open West Sea. Korea should not just wait for the tragic future to come without preparing for China's gradual and long-term strategy, and Seoul needs to respond to China's maritime policy in the West Sea with a more active attitude than it is now. China has historically taken a bold and aggressive response to neighboring countries that are consistent with a passive attitude, on the other hand, Beijing has taken a cautious approach to neighboring countries that respond with an active attitude. It should not be forgotten that Korea's passive response to the Chinese strategy in the name of a 'realistic approach' such as Korea's economic dependence on China for economy will result in China's success for territorialization of the West Sea.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.87-107
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• 2005

Land Remote Sensing' is defined as the science (and to some extent, art) of acquiring information about the Earth's surface without actually being in contact with it. Narrowly speaking, this is done by sensing and recording reflected or emitted energy and processing, analyzing, and applying that information. Remote sensing technology was initially developed with certain purposes in mind ie. military and environmental observation. However, after 1970s, as these high-technologies were taught to private industries, remote sensing began to be more commercialized. Recently, we are witnessing a 0.61-meter high-resolution satellite image on a free market. While privatization of land remote sensing has enabled one to use this information for disaster prevention, map creation, resource exploration and more, it can also create serious threat to a sensed nation's national security, if such high resolution images fall into a hostile group ie. terrorists. The United States, a leading nation for land remote sensing technology, has been preparing and developing legislative control measures against the remote sensing industry, and has successfully created various policies to do so. Through the National Oceanic and Atmospheric Administration's authority under the Land Remote Sensing Policy Act, the US can restrict sensing and recording of resolution of 0.5 meter or better, and prohibit distributing/circulating any images for the first 24 hours. In 1994, Presidential Decision Directive 23 ordered a 'Shutter Control' policy that details heightened level of restriction from sensing to commercializing such sensitive data. The Directive 23 was even more strengthened in 2003 when the Congress passed US Commercial Remote Sensing Policy. These policies allow Secretary of Defense and Secretary of State to set up guidelines in authorizing land remote sensing, and to limit sensing and distributing satellite images in the name of the national security - US government can use the civilian remote sensing systems when needed for the national security purpose. The fact that the world's leading aerospace technology country acknowledged the magnitude of land remote sensing in the context of national security, and it has made and is making much effort to create necessary legislative measures to control the powerful technology gives much suggestions to our divided Korean peninsula. We, too, must continue working on the Korea National Space Development Act and laws to develop the necessary policies to ensure not only the development of space industry, but also to ensure the national security.

• Journal of the Korean Society for Marine Environment & Energy
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• v.10 no.3
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• pp.138-147
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• 2007

An emergy concept was used to evaluate the environment and economy of the Han River basin in Korea and to suggest policy perspectives far the sustainable utilization of its environment and associated estuarine ecosystem. The economy of the basin used $5.19{\times}10^{23}\;sej/yr$ of emergy in 2005. The economy of the Han River basin was heavily dependent on outside energy sources from foreign countries and other parts of Korea, with internal sources, renewable and nonrenewable, contributing only 15.6% to the total emergy use. The basin's trade balance in terms of emergy showed trade surplus, whereas there was a deficit in monetary terms. The population of the Han River basin was far greater than the carrying capacity calculated using the emergy flow, with renewable carrying capacity only at 1.8% of the basin's population and developed carrying capacity at 14.3%. The economy of the basin imposed a substantial stress on its environment, with an environmental loading ratio of 54.8. Overall, the economy of the Han River basin was not sustainable with an emergy sustainability of 0.02. These are reflected in lower quality of living expressed in the emergy term than the national average. Deconcentration of population and economic activities is needed to reduce environmental stress on the environment of the basin and its valuable estuarine ecosystem. Policies to restore ecosystem productivity of the basin are also needed to ensure the sustainability of the basin's economic activities and the sustainable utilization of the Han River estuary. In this regard, it is urgently needed for the Korean government to implement sustainable management measures for the Han River estuary, a well-preserved, productive natural estuarine ecosystem in Korea.

• Korean Security Journal
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• no.43
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• pp.67-97
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• 2015

In Korea, a single emergency number, such as 911 of the USA and 999 of the UK, does not exist. This issue became highly controversial, when the Sewol Ferry Sinking disaster occurred last year. So, the Korean government has planned to adopt a single emergency number, integrating 112 of the Police, 119 of the Fire and Ambulance, 122 of the Korean Coast Guard, and many other emergency numbers. However, the integration plan recently proposed by the Ministry of Public Safety Security seems to be, what is called, a "partial integration model" which repeals the 122 number, but still maintains 112, 119, and 110 respectively. In this context, the study looks into USA's (diverse) 911 operating system, and subsequently tries to draw general features or characteristics. Further, the research attempts to derive policy implication from the general features. If the proposed partial integration model reflects the policy implications, the model can virtually operate like the 911 system -i.e. a single emergency number system - creating inter-operability between responding agencies such as police, fire, and ambulance, even though it is not a perfect integration model. The features drawn are (1) integration of emergency call-taking, (2) functional separation of call-taking and dispatching, (3) integration of physical facilities for call-taking and dispatching, and (4) professional call-takers and dispatchers. Moreover, the policy implications derived from the characteristics are (1) a user-friendly system - fast but accurate responses, (2) integrated responses to accidents, (3) professional call-taking and dispatching & objective and comprehensive risk assessment, and finally (4) active organizational learning in emergency call centers. Considering the policy implications, the following suggestions need to be applied to the current proposed plan: 1. Emergency services' systems should be tightly linked and connected in a systemic way so that they can communicate and exchange intelligence with one another. 2. Public safety answering points (call centers) of each emergency service should share their education and training modules, manuals, etc. Common training and manuals are also needed for inter-operability. 3. Personal management to enable-long term service in public safety answering points (call centers) should be established as one of the ways to promote professionalism.

• Strategy21
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• s.34
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• pp.236-261
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• 2014

The future role of nuclear extended deterrence in the security alliance between the United States and the Republic of Korea is currently a central concern. The gradually lessening role of reliance on nuclear weapons in US security policies broadly, combined with increasing North Korean nuclear capabilities and belligerence, raise fresh questions about the sufficiency of the "nuclear umbrella" as a pillar of the US-ROK defense posture. This article addresses the current and future role of nuclear extended deterrence in Korea in this dynamic context. The article reviews the longstanding trend toward reducing the overall size of the US nuclear arsenal, and assesses developments in US-ROK outlooks toward extended deterrence in response to the Obama administration's nuclear policies and North Korea's recent smaller-scale aggressions. The analysis finds that the challenges of deterrence credibility and allied reassurance are difficult and long-term. The analysis explains how these challenges emerge less from a shrinking US numerical arsenal size than from the sufficiency of specific nuclear and non-nuclear capabilities to meet emerging smaller-scale threats. The analysis also highlights the importance of broader strategic and political interaction in sustaining allied confidence in any joint security posture. The evaluation concludes that a strong US-ROK alliance relationship can be maintained while the size of the US nuclear arsenal continues to decline, in part because nuclear weapons in any deployment configuration are relatively ineffective means for deterring smaller-scale aggression. Nevertheless, continuing adjustment of the US-ROK extended deterrence posture to the evolving, complex and uncertain Korean peninsula security environment will remain an ongoing challenge. Finally, the article encourages further examination of the potential specific role ROK maritime forces might serve in enhancing deterrence of smaller-scale threats while minimizing risks of conflict escalation.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.4
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• pp.358-371
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• 2014

For the systematic scientific management in Cheonsu Bay of Korea, this study was conducedt to survey the particle composition, organic matter(I.L.) and heavy metals in farming and non-farming areas. The sediment of study area showed feature mixed property by sand, silt and clay. The farming area showed superior by fine-grained sediment, non-farming area showed superior by coarse-grained sediment. The organic pollution of farming area were appeared to be heavily polluted more than non-farming area. The concentration of total nitorgen in sediment was higher farming area than non-farming area. Also, in the case of heavy metals pollution in sediments, farming area was higher than non-farming area. The correlation analysis among to heavy metals, organic matter and particle size was found to have a good interrelationship. For evaluation of heavy metals pollution of sediments, three criteria are applied, Enrichment Factor(EF), Geoaccumulation index(Igeo) and NOAA criteria for sediment. In the case of EF, Heavy metals pollution was appeared to artificial effect all heavy metals if except Cu. In the case of Geoaccumulation index, Cu, Al, Pb was shown zero grade, that is non polluted group, and Cd, Hg, Cr was shown to 0~1 grade, that is mid polluted group, As was shown to 2 grade, that is moderately polluted group. In the case of NOAA, pollution levels of heavy metals except Cd belonged to a group of ERL(Effect range low)~ERM(Effect range median).

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.5
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• pp.572-580
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• 2019

In view of the numerous discussions on global environmental issues, policies have been implemented to limit emissions in the field of marine transport, which accounts for a major part of international trade. In this study, a ship's emissions were calculated by applying the engine load factor to determine the total quantity of emissions based on the ship's speed reduction. For ships entering and leaving the Busan North Port from 1 January to 31 December 2017, emissions were calculated and analyzed based on the ship's type and its speed in the reduced speed zone (RSZ), which was set to 20 nautical miles. The comparison of the total amount of emissions under all situations, such as cruising, maneuvering, and hotelling modes revealed that the vessels that generated the most emissions were container ships at 76.1 %, general cargo ships at 7.2 %, and passenger ships at 6.8 %. In the cruising and maneuvering modes, general cargo ships discharged a lesser amount of emission in comparison with passenger ships; however, in the hotelling mode, the general cargo ships discharged a larger amount of emission than passenger ships. The total emissions of nitrogen oxides (NOx), sulphur oxides (SOx), particulate matter (PM), and volatile organic compounds (VOC), were 49.4 %, 45 %, 4 %, and 1.6 %, respectively. Furthermore, the amounts of emission were compared when ships navigated at their average service speed, 12, 10, and 8 knots in the RSZ, respectively. At 12 knots, the reduction in emissions was more than that of the ships navigating at their average service speed by 39 % in NOx, 40 % in VOC, 42 % in PM, and 38 % in Sox. At 10 knots, the emission reductions were 52 %, 54 %, 56 %, and 50 % in NOx, VOC, PM, and Sox, respectively. At 8 knots, the emission reductions were 62 %, 64 %, 67 %, and 59 % in NOx, VOC, PM, and Sox, respectively. As a result, the emissions were ef ectively reduced when there was a reduction in the ship's speed. Therefore, it is necessary to consider limiting the speed of ships entering and leaving the port to decrease the total quantity of emissions.