• 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.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.3 no.1
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• pp.10-19
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• 2000

Due to the urbanization, concentrated population, and limited land exploitation in the modern society, the environment surrounding that we live in is getting polluted more and more, and it has become hard even to let urban children experience the nature. This research was conducted to help people recognize the importance of our natural resources through the environmental education of elementary school and to use school's practical open-space for the Indigenous Plants education. The results of this study are as follows : First, the status of a plant utilization in our institutional education : There were 362 species totally of 124 species of Trees, 156 species of Herbs, 63 species of Crops, and 19 species of Hydrophytes which appear in the elementary school text book. Of all, the most frequently appearing species of tree were the Malus pumila var. dulcissima, Pinus densijlora, Citrus unshiu, Diospyros kaki. Second, the effect of plant education using the land around schools : The result of research on the open-space of the 19 elementary schools located in Mapo-gu showed that most of the species planted are the Juniperus chinensisrose, Hibiscus syriacus. Pelargonium inquinans in the order of size, and the plants appearing in text book were grown in the botanical garden organized in 7 schools. Especially most of the Indigenous Plants were being planted in botanical garden, and Pinus densijlora, Abeliophyllum distichum, Polygonatum var. plurijlorum, Liriope platyphylla and so on. Last, the result of this research on recognition of Environment, Planting education and Indigenous plants : It showed that educational necessity of students and teachers about environment and Indigenous Plants was more than 80%. The management of botanical garden was conducted by some teachers and managers. The results of this study suggested that we needed the reconstruction of curriculum, the efficient application of plant education for effectiveness of using school environment and monitoring continually and construction information sources for the better environment education in the elementary schools.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.181-202
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• 2020

The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.247-276
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• 2017

The protection of space asset has been new major cause of space militarization. For such purpose, it has been officially announced that a policy of deterring and denying any adversaries from accessing the outer space. Space militarization is to be conversed into a new concept of space weaponization. The USA has announced its policy of space weaponization, while China and Russia have not revealed their plan or policy. Latter States, however, have proposed a draft treaty limiting the deployment of warfare in the outer space. The terms of the Outer Space Treaty, reflecting three significant United Nations General Assembly resolutions from the 1960s, support the position that ground rules must be observed in the exploration and the use of outer space, particularly in the absence of specific space law rules. Yet the combination (and culmination) of these two approaches to the legal regulation of outer space-specific rules as and when agreed by the international community and the translation of principles developed for terrestrial regulation to outer space-still leaves much room for uncertainty and exploitation for military and strategic purposes. As space weaponization may contribute to deterring the use of weapon, it may be not against the UN Charter Article 2(4). If space weaponization might generate the space debris such that the outer space is no more available for exploration and use, it is against the proportionality principle and discrimination principle enshrined in the laws of the war. But, if the limitation upon the kind and use of space weaponization is agreed among the States, then the space weaponization may not be against the laws of the war, and be considered permissible within the rationale of limited war.

• Journal of Popular Narrative
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• v.26 no.1
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• pp.175-209
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• 2020

This paper examines how the cinematic representation of the Japanese military "comfort women" stimulates 'imagination' in the realm of everyday life and in the memory of the masses, creating a common awareness and affect. The history of the Japanese military "comfort women" was hidden for a long time, and it was not until the 1990s that it entered the field of public recognition. Such a transition can be attributed to the external and internal chronopolitics that made possible the testimony of the victims and the discourse of the "comfort women" issue. It shows the peculiar status of the comfort women history as 'politics of time'. In the same vein, the cinematic representations of the Japanese military "comfort women" can be found in similar chronopolitics. The 'comfort women' films have shown the dual time frame of the continuity and discontinuity of the 'silence'. In Korean film history, the chronotope of the reproduction of "comfort women" can be divided into four phases: 1) the fictional representations of "comfort women" before the 1990s 2) documentaries in the late 1990s as the work of testimony and history writing, 3) melodramatic transformation in the feature films in the 2000s, and 4) the diffusion of media and categories. The purpose of this article is to focus on the first phase and the third phase in which the issue of 'comfort women' is represented in the category of popular fiction films. While the "comfort women" representations before 1990 were strictly adhering to the framework of commercial movies and pursued the sexual exploitation of "comfort women" history, the recent films since the 2000s are experimenting with various attempts in the style of popular imagination. Especially, the emergence of 'comfort women' feature films in the 2000s, such as Spirit's Homecoming, I Can Speak, and Herstory, raise various questions as to whether we are "properly" aware of issues and how to remember and present the "cultural memory" of comfort women. Also, focusing on the cinematic representation strategies of the 2000s "comfort women", this article discusses the popular politics of melodrama, the representation of victims and violence, and the feature of 'comfort women' as meta-memory. As a melodramatic imagination and meta-memory for the historical trauma, the "comfort women" drama shows the historical, political, and aesthetic gateways to which the "comfort women" problem must pass. As we have seen in recent fiction films, the issue of "comfort women" goes beyond transnational relations between Korea and Japan; it demands a postcolonial task to dismantle the old colonial structure and explores a transnational project in which women's movements and human rights movements are linked internationally.

• (The) Research of the performance art and culture
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• no.39
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• pp.69-96
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• 2019

North Korea has conserved operas in a selective manner. The subject matters of operas recorded in the history of North Korea can be divided into classical tales, translated foreign works, Korean War and war against Japan. Operas that adapted folk classics of the 1950s are considered valuable materials to verify the changes of genres posterior to division of regime between North and South Korea. The officially confirmed works include "Kumgangsan Palseonnyeo (Gyeonwoo Jiknyeo)," "Chunhyangjeon." "Kongjwi Patjwi (Kotsin)," "Ondal," and "Geumnaneui Dal." These works had gone through recreation in terms of realistic situation setting, abolition of class difference, adjustment of social rank and punishment of evil while the base lies in the original folk classics. People emphasized in adapted folk operas are described as those who are hard-working souls without giving importance of difference of social rank, content with the currently living space, devoted to their parents and full of patriotic spirit, and members of community who participate in organized fights against unfair exploitation. This was the fruit of encouragement of work creation supporting union between labor and individual life, destruction of old things and fight promoting this destruction. Folk operas of South and North Korea posterior to Korean War have similarities in that both deal with a love story transcending social ranks and the concomitant conflicts and they focus on the audience who enjoy the operas. Nonetheless, they are different in that this love in North Korea became a tool of educating people wished by the regime, while it became an object of securing the audience by adding the tragic element to love in South Korea. North Korean operas of the initial stage are characterized by playwriting method emphasizing difficult life and compensation of common people, realistic stage expression, accentuation of melody and agreement between notes and lyrics. This was efforts designed to continuously lead senses concentrated from the theater to everyday life of people. In effect, this is in line with the playwriting method of revolutionary operas. Adapted folk operas were subject matters ideal for easily approaching the audience and leaving them good memories at the same time. To realize socialist realism, they went through an experiment of reviewing "people" through the classic folk operas. The possibility of continuation of a work was determined by thorough evaluation after carrying out an experiment in terms of subject matters, theme, music and operation plans from the moment of which the work was on the stage. The sign consisted in the possibility of visit of "Kim Il-sung" to appreciate the work and presentation of directionality. By proposing the clear directionality of which hard-working people who deny social status system can be duly compensated, it encouraged the audience who saw the opera to voluntarily put this in practice. Thus, operas established the directionality through selective processes for creating public communion even before revolutionary operas.