• Title/Summary/Keyword: Broadcasting Law

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International Law on the Flight over the High Seas (공해의 상공비행에 관한 국제법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.3-30
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    • 2011
  • According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

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Journalist Song Kun-Ho's Ideas of Korean Journalism (언론 민주화의 위기와 송건호의 언론사상)

  • Kim, Su-Jeong;Lee, Jin-Ro
    • Korean journal of communication and information
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    • v.60
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    • pp.5-27
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    • 2012
  • The purpose of this study is to explore the journalist Song Kun-Ho's ideas of Korean Journalism. The journalist Song Kun-Ho was born in 1926 and passed away in 2001. He became a reporter in 1953 when he was a student at department of law of Seoul National University. He has worked for several media and resigned the executive editor at the Dong Ah Ilbo in 1975. At that time, while many reporters of the Dong Ah Ilbo struggled for the freedom of the press, he tried to protect reporters and independence of media. After his resignation of the executive editor, he wrote many columns and several books for Korean nationalism and the democracy of journalism. Instead of working for the authoritarian military regime, he chose a lonely and rough life as an intellectual journalist in action. Finally, he, as a president, established the Hankyoreh daily newspaper which was funded by tens of thousands citizens. He passed away in 2001. His ideas of Korean journalism are nationalism, democracy, and independency. These ideas are very important to restore democratic journalism which has been at risk during the Lee Myung-bak administration.

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A Study on the Refarming Plan of the Low Frequency Bands according to the Transition from Analogue to Digital TV (디지털TV 전환에 따른 저대역 주파수 회수/재배치 방안 연구)

  • Yu, Hyeon-Yong
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
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    • v.19 no.12
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    • pp.1470-1481
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    • 2008
  • A demand for spectrum resources, especially in the low frequency bands, is ever increasing with the development of mobile telecommunications and so is their economic value as other national resources. Also, development in mobile broadband require more bandwidth with excellent propagation characteristics, such as those frequencies in the 700/800/900 MHz bands. As a way to enhance the economic efficiency of using spectrum resources, many countries including the U.S., the U.K. and Japan, have recently focused on the refarming plan of the low frequency bands according to the transition from analogue to digital TV. By the way, as a result of WRC-07, those parts of the band $698{\sim}960\;MHz$ in Region 2 and the band $790{\sim}960\;MHz$ in Regions 1 and 3 which are allocated to the mobile service on a primary basis are identified for use by administrations wishing to implement International Mobile Telecommunications (IMT). Therefore, after analogue to digital television switchover, some administrations may decide to use all or parts of the band $698{\sim}806/862\;MHz$ for other services to which the band is allocated on a primary basis, in particular the mobile service for the implementation of IMT, while in other countries the broadcasting service will continue to operate in that band. And to conclude, bands already identified for IMT-2000 will also be able to be used for IMT. This work will help establish a policy direction for spectrum refarming in the low frequency bands in Korea(Rep. of).

A Study on The Awareness of Standard Operating Procedure For The Preparation in Landslide (산사태 대비 SOP에 대한 의식조사 연구)

  • Koo, WonHoi;Shin, HoJoon;Woo, ChoongShik;Baek, MinHo
    • Journal of the Society of Disaster Information
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    • v.9 no.4
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    • pp.503-510
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    • 2013
  • Recently, localized heavy rain is increased by climatic changes and landslide is increased. Also, because of landslide occurred in urban area, life and property damages are increased. Therefore, standard operation procedure of disasters should be established by steps and institutions so as to respond landslide. This thesis investigated application of current disaster manual so as to write SOP of landslide for disaster prevention related experts and accepted opinion for responding necessaries by using landslide SOP and important matters by step of disaster management. As the result of investigation, application of manual was low during the current response to disasters and application was the highest in responding step among the steps of disaster management. In case of landslide, they responded that response with SOP is necessary. During the organization of landslide SOP, they responded that training and education for landslide disaster are important at the step of prevention, conduction of landslide disaster broadcasting and provision of information are important at the step of preparation, guidance for evasion and behavior methods is important at the step of response and investigation of landslide disaster damages and reflection of record and evaluation are important at the step of recovery. In addition, for the requests for landslide SOP application, there was an importance of secondary factors such as expansion of professional manpower, strengthening of law and institution, education and training for SOP acquisition, etc.

Press Activity toward the South by North Korea during the Korean War: Focusing on the Chosuninmin Bo and the Haebang Ilbo (한국전쟁 기간 북한의 대남한 언론활동: "조선인민보"와 "해방일보"를 중심으로)

  • Kim, Young-Hee
    • Korean journal of communication and information
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    • v.40
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    • pp.287-320
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    • 2007
  • This study was to look into the press policy and the related activities performed by North Korea in the South during the Korean War and to evaluate them. In order to understand the concrete contents of the activities and their characteristics, the two representative newspapers published in the South by North Korea at that times - the Chosuninmin Bo and the Haebang Ilbo - were reviewed and analyzed. North Korea operated broadcasting and started newspapers just after the possession of Seoul. and also performed various positive press activities - such as the distribution of the newspapers and periodicals of North Korea and U.S.S.R., putting the movies on the screen, and founding the weekly, etc. But the target of all the media were the same. It aimed to support Kim Il-Sung's scheme which intended to carry out the war successfully and to make the South under occupation Communism System by introducing the Northern law and system. The two newspapers, as agent of power, made only such a role to agitate and exaggerate the false things with unrealistic optimism. They intended to ideologically mobilize the South people and to affect on their perspectives and acts. However the media including the two newspapers being operated in the South during the war had not got the faith or the good response from the South people as an audience. Most of South Koreans were tired with their endless and one-sided propaganda, agitation and ideological enlightenment. It could therefore be evaluated that the press activities by North Korea in the South during the Korean War resulted with many limitations in ideologically organizing and mobilizing the South Koreans.

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The Present Situation and Tasks of University Nursing Education in Korea (한국 간호교육의 현황과 과제)

  • Kim, Yoon-Hee;Kim, Kwang-Joo;Cho, Kyoul-Ja
    • Journal of East-West Nursing Research
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    • v.5 no.1
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    • pp.120-126
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    • 2000
  • This study was intended to grasp the history of nursing education from the beginning to the present in Korea, and grip and look-out current diversified systems of nursing education on basis of February, 2000 through literatural review and investigation by close telephone interviews. The basic nursing educational institutions in the whole country were total 113, namely, 3 years course, 65 junior colleges of nursing, and 4 years course, 48 colleges of nursing. And there were 3 types of continuing nursing educational system: two of three were transferring to another college for gain bachelor's degree in nursing; RN-BSN programs and university of broadcasting, and the other was the system of independent learning and then examination for BSN. Total nursing graduates from junior college of nursing courses and college of nursing courses were 7,564 on February, 1999. In general graduate school, the number of master courses were 21 and Ph.D courses were 13. And the number of special graduate schools were 21, i.e., graduate school of education were 7, graduate school of administration were 2, graduate school of public health were 11 and graduate school of industry was 1. As the perspective on nursing education, we overviewed changing nursing organizational environment, increasing the system of continuing education, making standards in nursing education and systemization of nursing educational accreditation, specialization of nursing, information system in nursing education and education of graduate school. The summary of the above overviewed subjects were as follows; Every nursing educational institution needed to educate by educational criteria and standard and characteristically run BSN and graduate courses. Specialization in nursing has to develop more and more, therefore advanced education and law should be prepared appropriately. According to the age's and social needs, we have to establish counter-plan for fundamental educational environment. We have to sensitive to rapidly changing information in the era of globalization. In the level of university education, each university needs characterization of educational objectives, goals and contents, and has to replace the shortage of the number of professor. And the regulation of thesis and dissertation examinations need to be reinforced. Education in nursing should consists with specialization. Collaboration among universities will bring efficiency in the nursing education.

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A Study on the Performance Analysis and synthesis for a Differentiated Service Networks (차등 서비스 네트워크에 대한 성능 분석과 합성에 대한 연구)

  • Jeon, Yong-Hui;Park, Su-Yeong
    • The KIPS Transactions:PartC
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    • v.9C no.1
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    • pp.123-134
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    • 2002
  • The requirement for QoS (Quality of Service) has become an important Issue as real-time or high bandwidth services are increasing, such as Internet Telephony, Internet broadcasting, and multimedia service etc. In order to guarantee the QoS of Internet application services, several approaches are being sought including IntServ (Integrated Service) DiffServ(Differentiated Srvices), and MPLS(Multi-Protocol Label Switching). In this paper, we describe the performance analysis of QoS guarantee mechanism using the DiffServ. To analyze how the DiffServ performance was affected by diverse input traffic models and the weight value in WFQ(Weighted Fair Queueing), we simulated and performed performance evaluation under a random, bursty, and self-similar input traffic models and for diverse input parameters. leased on the results of performance analysis, it was confirmed that significant difference exist in packet delay and loss depending on the input traffic models used. However, it was revealed that QoS guarantee is possible to the EF (expedited Forwarding) class and the service separation between RF and BE (Best Effort) classes may also be achieved. Next, we discussed the performance synthesis problem. (i. e. derived the conservation laws for a DiffServ networks, and analysed the performance variation and dynamic behavior based on the resource allocation (i.e., weight value) in WFQ.

Validity and Expected Effect of International Marketing Cooperative for Korean Animation (애니메이션 해외 배급 활성화를 위한 마케팅 협동조합 도입의 타당성 연구)

  • Kim, Young Jae
    • Cartoon and Animation Studies
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    • s.36
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    • pp.121-145
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    • 2014
  • Operating under the principle of user-benefit maximization and democratic user-control, cooperatives are being spot-lighted as a business model satisfying the various social, financial needs. In Korea, the Law of Cooperative was enacted as of December 2012, which has enabled the establishment of cooperatives in variety of industry fields. This study is to discuss the expected effect and validity of marketing cooperative as a solution for insufficient sales revenue in international distribution of Korean animation. The interviews with Korean animation studios found out the key problems of overseas distribution, which are; 1) lack of marketing expertise and weak organization, 2) lack of ancillary rights exploitation due to the deals based upon all rights package with the broadcasters who are not interested in ancillary business, 3) lack of localized marketing support in each territory. The solution for these problems takes large and long-term marketing investment and it is far beyond the capabilities of small Korean animation studios. Marketing cooperative can provide services not available otherwise such as in-depth market research which will help the improvement of international marketing expertise. Also. as the cooperative carries enough volume of animation catalogue, it can increase negotiation power satisfying the various needs of buyers. Also, it can provide the precise marketing support for each territory by integrating every process of value chain, from TV broadcasting, merchandising, and digital media platform. Above all, a clear benefit of marketing cooperative is that, because of its user-benefit and user-control principle, the principal-agent problem can be minimized while it maximizes the profit for member studios.

A Study on the Restructuration of Norm System in the Field of ICT for the Smart Media (Smart미디어시대 정보통신·미디어(ICT) 분야 규범체계의 재구조화에 관한 연구)

  • Ji, Seong-Woo
    • Journal of Legislation Research
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    • no.44
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    • pp.33-62
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    • 2013
  • In this paper, the consolidation of ICT basic legislation and ICT special legislation concerning "Ministry of Science, ICT and Future Planning" and "Korea Communications Commission" which came on the back of governmental reorganization in recent years is discussed in the theoretical and practical aspect. Development of "data communication technology" innovatively changed the method of livelihood of mankind, the emergence of network under global dimension provided financial social benefit and posed a challenge and a threat at the same time. Form digital revolution human kind can expect to receive many important blessings. Nevertheless, there are many advantages of development of technology by digital revolution, cyberspace like online media, internet etc. has realistically many problems that must be solved. To maximum positive aspects like the expansion of freedom of expression and creating plan of economy by the advance of transmission technology is needed. And to minimize side effects of informatization is required more. The First, Special Act on ICT has an adaptation in normative standardization to be fit in media convergence beyond convergence of broadcasting and telecommunications. Henceforth, there must be established a legal basis for the achievement of protection of economic evolution and freedom of speech in digital media, information, communication technology and content development. The second, the government action is to accomplish economic development and freedom of information in structural aspect of norm. Therefore minimizing normative problem by reorganization of organization remains clearly unresolved in politics. The third, Special Act on ICT must be basic law covering info-communications field, pay telecommunication and media contents field. The forth, from a technical point of view, net neutrality, conflict of interest for digital content and so on can be fixed easily. Special Act on ICT must not only pursuit of development of industry. Special Act on ICT and pursuit of enhancing quality of life of people and preparing program to promote democratization. From now on, we need to make powerful nation of information& communications technology and in information human rights protection field got to be one step ahead of others with reference to appear all the various aspects must be brought together in the discussion of legislation process of Special Act on ICT.

Research for Space Activities of Korea Air Force - Political and Legal Perspective (우리나라 공군의 우주력 건설을 위한 정책적.법적고찰)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.135-183
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    • 2003
  • Aerospace force is a determining factor in a modem war. The combat field is expanding to space. Thus, the legitimacy of establishing aerospace force is no longer an debating issue, but "how should we establish aerospace force" has become an issue to the military. The standard limiting on the military use of space should be non-aggressive use as asserted by the U.S., rather than non-military use as asserted by the former Soviet Union. The former Soviet Union's argument is not even strongly supported by the current Russia government, and realistically is hard to be applied. Thus, the multi-purpose satellite used for military surveillance or a commercial satellite employed for military communication are allowed under the U.S. principle of peaceful use of space. In this regard, Air Force may be free to develop a military surveillance satellite and a communication satellite with civilian research institute. Although MTCR, entered into with the U.S., restricts the development of space-launching vehicle for the export purpose, the development of space-launching vehicle by the Korea Air Force or Korea Aerospace Research Institute is beyond the scope of application of MTCR, and Air Force may just operate a satellite in the orbit for the military purpose. The primary task for multi-purpose satellite is a remote sensing; SAR sensor with high resolution is mainly employed for military use. Therefore, a system that enables Air Force, the Korea Aerospace Research Institute, and Agency for Defense Development to conduct joint-research and development should be instituted. U.S. Air Force has dismantled its own space-launching vehicle step by step, and, instead, has increased using private space launching vehicle. In addition, Military communication has been operated separately from civil communication services or broadcasting services due to the special circumstances unique to the military setting. However, joint-operation of communication facility by the military and civil users is preferred because this reduces financial burden resulting from separate operation of military satellite. During the Gulf War, U.S. armed forces employed commercial satellites for its military communication. Korea's participation in space technology research is a little bit behind in time, considering its economic scale. In terms of budget, Korea is to spend 5 trillion won for 15 years for the space activities. However, Japan has 2 trillion won annul budget for the same activities. Because the development of space industry during initial fostering period does not apply to profit-making business, government supports are inevitable. All space development programs of other foreign countries are entirely supported by each government, and, only recently, private industry started participating in limited area such as a communication satellite and broadcasting satellite, Particularly, Korea's space industry is in an infant stage, which largely demands government supports. Government support should be in the form of investment or financial contribution, rather than in the form of loan or borrowing. Compared to other advanced countries in space industry, Korea needs more budget and professional research staff. Naturally, for the efficient and systemic space development and for the prevention of overlapping and distraction of power, it is necessary to enact space-related statutes, which would provide dear vision for the Korea space development. Furthermore, the fact that a variety of departments are running their own space development program requires a centralized and single space-industry development system. Prior to discussing how to coordinate or integrate space programs between Agency for Defense Development and the Korea Aerospace Research Institute, it is a prerequisite to establish, namely, "Space Operations Center"in the Air Force, which would determine policy and strategy in operating space forces. For the establishment of "Space Operations Center," policy determinations by the Ministry of National Defense and the Joint Chief of Staff are required. Especially, space surveillance system through using a military surveillance satellite and communication satellite, which would lay foundation for independent defense, shall be established with reference to Japan's space force plan. In order to resolve issues related to MTCR, Air Force would use space-launching vehicle of the Korea Aerospace Research Institute. Moreover, defense budge should be appropriated for using multi-purpose satellite and communication satellite. The Ministry of National Defense needs to appropriate 2.5 trillion won budget for space operations, which amounts to Japan's surveillance satellite operating budges.

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