• Title/Summary/Keyword: Access authority

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A Study on Systematizing Production and Access of the Public Institution's Conference Records -Focused on The Government in the Sunshine Act in USA - (공공기관의 회의록 생산·공개 제도화 연구 -미국의 회의공개법에 대한 분석을 중심으로-)

  • Byon, Ju-yon
    • The Korean Journal of Archival Studies
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    • no.17
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    • pp.203-245
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    • 2008
  • Although a few years have passed since the importance of the public record management became the subject, the management of the minutes which is produced from the deliberation and decision-making process of an important policy relatively was been neglected the while. When institutionally inspecting at present, the minutes production is based upon Record Management Law, and the minutes opening is based upon Freedom of Information Act. Although the minutes must be made out according to Record Management Law, it is not well operated. So, the minutes formally is made out and there was actually the important minutes excepted from the management object. Opening of the minutes made by Article 9 of Freedom of Information Act has the problem that be used as a basis of dividing unfairly into closed opening because the reason of the closed opening is vague. This study analyzes the problem of production and opening of the current minutes. It also considers Sunshine Act in USA and suggests a institutional ways for production and opening of Korean minutes. We can think of two institutional ways for production and opening of the minutes. One is making a separate law like Sunshine Act in USA. The other is revising the existing laws. In reality it's very difficult to make a new law for minute production and opening. Therefore, the purpose of this study is to suggest the way for revising Record Management Law and Freedom of Information Act that include minutes related regulations. The record must be fundamentally produced and opened for a nation and people as public records is the records of the nation and people as well as an authority which produced those records. If the minutes is produced and opened from a institutional change through the revision of Record Management Law and Freedom of Information Act, the minutes can not only help the responsible administration to realize but be utilized to important historical records as a basis data of an important policy decision-making.

A Study on the Seasonal Water Quality Characteristics and Suitability of Waterfront Activitiesin Waterfront Areas (친수지구의 계절별 수질특성과 친수활동의 적합성에 관한 연구)

  • Taek-Ho Kim;Yoon-Young Chang
    • Journal of Environmental Impact Assessment
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    • v.32 no.2
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    • pp.134-145
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    • 2023
  • Currently, the floodplains of major rivers are transforming into various types of waterfront spaces according to the increase in leisure activities and improved accessibility. In general, waterfront activities in river channels tend to be concentrated in summer, and the waterfront activities during this period directly affect water quality. Accordingly, it is necessary to accurately compare and evaluate the characteristics and water quality of waterfront activities during the period when waterfront activities are concentrated. In this study, the following research was conducted to compare and analyze the current status of waterfront activities of users of waterfront areas and the water quality of waterfront areas. First, three waterfront areas were selected for investigation using the information from the Ministry of Environment's water quality measurement network. Second, a survey was conducted on the satisfaction and types of waterfront activities targeting users of waterfront areas. Third, water quality grades were calculated based on monthly water quality measurement factors and compared. Fourth, statistical analysis (one-way analysis of variance) was conducted to see if there was a significant difference in water quality characteristics between periods of high waterfront activity and periods of low waterfront activity using water quality measurement data for the last 5 years. As a result of this analysis, the following conclusions were drawn in this study. First, the use of waterfront activities was investigated in the order of camping, water skiing, fishing, swimming, and rafting. Second, satisfaction factors for waterfront activities were investigated in the order of activity convenience, water quality, waterlandscape, transportation access convenience, and temperature. Third, it was found that satisfaction with water quality in waterfront areas was generally unsatisfactory regardless of the water quality grade presented by the competent authority. Fourth, as a result of comparing the water quality measurement network data of the Ministry of Environment by water quality grade, generally good grades were found, and in particular, there was a difference in grade frequency by season in the BOD category. Fifth, as a result of statistical analysis (one-way ANOVA) of water quality monitoring network data by season, there were statistically significant differences in COD, BOD, TP, and TOC except for DO. Considering the results of these studies, it is judged that it is necessary to prepare a comprehensive management system for water quality improvement in the waterfront zone and to improve water quality during periods of high waterfront activity, and to prepare a water quality forecasting system for waterfront areas in the future.

Principles of Space Resources Exploitation under International Law (국제법상 우주자원개발원칙)

  • Kim, Han-Teak
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.35-59
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    • 2018
  • Professor Bin Cheng said that outer space was res extra commercium, while the moon and the other celestial bodies were res nullius before the 1967 Outer Space Treaty(OST). However, Article 2 of the OST made the moon and other celestial bodies have the legal status as res extra commmercium, not appropriated by any country or private enterprises or individual person, but the resources there can be freely available, as those on the high seas. The non-appropriation principle was introduced to corpus juris spatialis internationalis. Whether or not the non-appropriation principle is binding for the non-parties of the OST, many scholars see this principle as an international customary law, even developing into jus cogens. Article 11(2) of the Moon Agreement(MA) reconfirms the nonappropriation principle of Article 2 of the OST, but it has much less effect than the OST because the MA binds only the 18 parties involved. The MA applies only to the moon and celestial bodies other than the Earth in the Solar System, the OST's application scope extends to the Galaxy because the OST has no such substantive enactment. As referred to in the 2015 CSLCA of USA or Luxembourg's Law of Space Resources, allowing individuals and enterprises run by other countries to commercially explore and utilize the space resources, the question may arise whether this violates the non-appropriation principle under Article 2 of the OST and Article 11 of the MA. In the case of the CSLCA, the law explicitly specifies that sovereignty, possessory rights, and judiciary rights to a specific celestial body cannot be claimed, let alone ownership. This author believes that this law respects the legal status of outer space and the celestial bodies as res extra commmercium. As long as any countries or private enterprises or individuals respect the non-appropriation principle of outer space and the celestial bodies, they could use, exploit it. Another question might be raised in the difference between res extra commercium on the high seas and res extra commercium in outer space and the celestial bodies. Collecting resources on the high seas and exploiting space resources should be interpreted differently. On the high seas, resources can be collected without any obstacles like fishing, whereas, in the case of the deep sea-bed area, the Common Heritage of Mankind principles under the UNCLOS should be operated by the International Seabed Authority as an international regime. The nature or form of the sea resources found on the high seas are thus different from that of space resources, which are fixed on the moon and the celestial bodies without water. Thus, if individuals or private enterprises collect these resources from outer space and the celestial bodies, they might secure a certain section and continue collecting or mining works without any limitation. If an American enterprise receives an approval from the U.S. government, secures the best location and collects resources on the moon, can other countries' enterprises access to this area? How large the exploiting place can be allotted on the moon? How long should such a exploiting activity be lasted? Under the current international space law, these matters might be handled according to the principle of "first come, first served." As a consequence, the international community should provide a guideline or a proposal for the settlement of any foreseeable disputes during the space activity to solve plausible space legal questions in the near future.