• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.273-302
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• 2015

The term "peaceful uses of outer space" in the 1967 Outer Space Treaty appears in official government statements and multilateral outer space related treaties. However, the examination of the state practice leads to the conclusion that this term is still without an authoritative definition. As far as the meaning of 'peaceful use' in international law is concerned the same phrases in the UN Charter, the 1963 Treaty of Banning Nuclear Weapons Tests in the Atmosphere in Outer Space and Under Water, the 1956 Statute of IAEA, the 1959 Antarctic Treaty, the 1982 UN Convention on the Law of the Sea, the 1968 Nuclear Non-Proliferation Treaty and the 1972 United Nations Conference of the Human Environment were analysed As far as the meaning of 'peaceful uses of outer space' is concerned the same phrases the 1967 Outer Space Treaty, the 1979 Moon Treaty and the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques(ENMOD) were studied. According to Article IV of the 1967 Outer Space treaty, states shall not place in orbit around the earth any objects carrying nuclear weapons or any other kind of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies repeats in Article III much of the Outer Space Treaty. This article prohibits the threat or use of force or any other hostile act on the moon and the use of the moon to commit such an act in relation to the earth or to space objects. This adds IN principle nothing to the provisions of the Outer Space Treaty relating to military space activities. The 1977 ENMOD refers to peaceful purposes in the preamble and in Article III. As far as the UN Resolutions are concerned, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space, the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space(NPS) were studied. And as far the Soft Laws are concerned the 2008 Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT), the 2002 Hague Code of Conduct against Ballistic Missile Prolifiration(HCoC) and 2012 Draft International Code of Conduct for Outer Space Activities(ICoC) were studied.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.3-39
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• 2011

People may operate unmanned aerial vehicles (UAVs or drones) thousands of miles from the drone's location. Drones were first used (like balloons) for surveillance. By 2001, the United States began arming drones with missiles and using them to strike targets during combat in Afghanistan. By mid-2010, over forty states and other entities possessed drones, many with the capability of launching missiles and dropping bombs. Each new development in military weapons technology invites assessment of the relevant international law. This Insight surveys the international law applicable to the recent innovation of weaponizing drones. In determining what international law rules govern drone use, the most salient feature is not the fact that drones are unmanned. The fact drones carry no human operator may be the most important new technological breakthrough, but the key feature for international law purposes is the type of weaponry drones carry. Whether law enforcement rules govern drone use depends on the situation and not necessarily who is operating the drone. Battlefield weapons may also be lawfully used before an armed conflict in the following situations: when initiating self-defense under Article 51 of the United Nations Charter; when authorized by the UN Security Council; when a government seeks to suppress internal armed conflict; and, perhaps, when a state is invited to assist a government in suppressing internal armed conflict. The rules governing resort to force in self-defense are found in Article 51 of the UN Charter and a number of decisions by international courts and tribunals. Commentators continue to debate whether drone technology represents the next revolution in military affairs. Regardless of the answer to that question, drones have not created a revolution in legal affairs. The current rules governing battlefield launch vehicles are adequate for regulating resort to drones. More research must be undertaken, however, to understand the psychological effects of deploying unmanned vehicles and the effects on drone operators of sustained, close visual contact with the aftermath of drone attacks.

• Journal of the Daesoon Academy of Sciences
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• v.24_2
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• pp.231-270
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• 2015

This thesis examined Chu Hsi's self-cultivation theory as the representative theory of cultivation in Confucianism, while juxtaposing it to self-cultivation theory in Daesoon thought, concentrating on its similarity and difference. Neo-Confucianism is a scholarship which has wielded a tremendous influence upon East Asia, while functioning as an official scholarship for long period up to Yuan, Ming, and Ching period, after achieving its synthesis by Chu Hsi. After 13th century, Neo-Confucianism has been a representative academic system in Confucianism, and self-cultivation theory was in its center. It suggested various virtues that classical scholars have to equip to fulfill the sainthood and the politics of royal road. The self-cultivation theory of Chu Hsi was developed upon the basis of the theory 'Li-Qi' and the theory of mind. Here, the practice of Geokyung(morally awakened state with a reverent spirit in every moment) and Gyeokmul-tsiji(reaching into the utmost knowledge through investigation of things) formed a nucleus of Chu Hsi's self-cultivation theory. While Geokyung was to reveal one's true nature through cultivation of mind, Gyeokmul-tsiji was to demonstrate the complete use of mind's essence and function. Chu Hsi's self-cultivation theory attempted to realize the unity of heaven and man, and through cultivating self and governing people, it also tried to achieve its ideal of the society of Great Union(Daedong). Daesoon Thought is originated from Sangjenim who has descended to this world as a human being called Jeungsan. He went on his circuit to rectify the disorder of heaven and earth for 9 years to rectify the Three worlds of heaven, earth and human being which were faced with total annihilation due to its rule of mutual conflict, while creating an earthly paradise. Respecting the will of Sangjenim, Dojunim established the foundation of Do through launching 'Meukeukdo' and setting tenet, creed and object so that the cultivators (Doins) could believe and respect the truth of Sangje's great itineration (Daesoon). Among those, the two components of creed, which are four fundamental principles and the three fundamental attitudes are of great account as precept and cardinal point. Through this means, the cultivators of Daesoonjinrihoe aspire to guard against self-deception through transforming the human spirit, to realize earthly immortality through renewing human beings, and to create an earthly paradise through transforming the world. This thesis attempted to compare and analyze the theory of self-cultivation in Neo-Confucianism and Daesoon Thought in the aspect of ground, method, and object of cultivation. First, as for the ground of cultivation, the doctrines of Chu-tzu and Daesoon thought place the essence of cultivation on 'heaven'. Yet, whereas the former postulates Taekeuk (the Great Ultimate) as a principle as well as the heaven of a natural order, Daesoon thought postulates Sangenim as the heaven of superintendence as well as the heaven of a natural order, signified as its equation of Daesoon with circle, along with the unity of Meukeuk (Endlessness) and Taegeuk (the Great Ultimate). Further, the doctrine of Chu-zhu and Daesoon thought is identical in the point that both thoughts see mind as the subject of cultivation, while trying to restore a pure essence. Nevertheless, whereas Neo-Confucianism intends to give scope to ability of the complete use of mind's essence and function, Daesoon Thought sees mind as the essence which is used by spiritual beings and as an organ that heaven, earth and human being rely upon as the center of the universe. In the aspect of method of cultivation, the doctrine of Chuzhu lays emphasis on the rational factor in that it brightens its 'myung-deoki'(bright inner virtue),' while trying to correspond to the law of heaven on the basis of 'Geokyung' and 'Gyeokmul-tsiji.' On the contrary, Daesoon thought lays much emphasis on faith factor in that it aspires for human perfection based on the restoration of conscience by cultivating Daesoonjinri with sincerity, reverence and faith along with 'quieting the heart-mind', 'quieting the body', 'respecting the God of the Ninth Heaven', and 'observing ritual practice on the basis of the faith in Sangjenim. Yet, both thoughts have similarities in that cultivation of body forms the basis and that they attempt to realize their ideals through cultivation in daily life while taking 'Guarding against self-deception' as the key method of self-cultivation.' However, the principle of Chu-zhu can be said to be a voluntary and autonomous practice based on scripture of the saint as well as self-reflection. On the other hand, Daesoon thought reveals certain difference in that it combines faith factor with one's self-effort by concentrating on cultivation under the presence of Sangjenim as the object of belief and the spirits of heaven and earth. In the aspect of object of cultivation, both thoughts share similarities in that the saint and the perfected gentleman with a moral virtue as an ideal image of men in both thoughts attempt to realize each of their 'myung-deok' in human nature as a heavenly mandate while respecting morality. Further, they also share similarity in the point that the desirable characters in both thoughts want to participate in harmonious creation and nurturance. Yet, the perfected gentleman with a moral virtue is also characterized by its aim for a new heaven and earth where there is no mutual conflict but mutual beneficence, by promoting the moral influence and virtue of Sangjenim over one's own virtue, while practising the mutual beneficence of all life through harmonious union of divine beings and human beings.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

• The Journal of Fisheries Business Administration
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• v.39 no.2
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• pp.81-108
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• 2008

Since the declaration made by UN Convention on the Law of the Sea on EEZs, The open seas of Northeast Asia, considerd as a convention area, needed new agreements in conformity with the changes brought by the introduction of the Exclusive Economic Zone(EEZ) system. The Contracting Parties of these agreements set up their own EEZs, which extend certain ranges from their baselines, Fishing in the other party's EEZ is done based on mutual agreements, which take into account traditional fishing activity in the zones. Seperate fishries management systems, in accordance with the relevant legal status of the waters, are applied to individual overlapping areas: Middle Zone in the Bast Sea and the waters south of jeju Island, Interim Measure Zone in the Yellow Sea and East China Sea, and the Transitional Zone in the Yellow Sea. They decided to conclude fisheries agreements as the provisional agreement under Article 74(3) of the UN Convention before the delimitations of the EEZs to avoid the territorial disputes. China and Japan concluded the Fishries Agreement in the November 1997, allowing each coastal State 52 mile EEZ. it was followed by Korea and Japan in September 1998, reaching a final compromise. And also Korea and China came to a satisfactary settlement in November 1998. Fisheries agreements have been established between the three North-east Asian States, the agreement are all bilateral. That implies inefficient resource management on the overlapping waters of the three states, especially on the East China Sea. The Korea-Japan Fisheries Agreement and the China-Japan Fishery Agreement worked as governing rules in the North-east Asian seas before the establishment of EEZs (Exclusive Economic Zones). However the conclusion of the bilateral fishery agreements, Korea China and Japan have developed EEZs, and these three countries have competed for the exploitation of fisheries resources. Therefore, the issue of fisheries resource management was no longer a single countries' problem and emerged as a common issue facing these three countries. In recognition of the above-mentioned problem, it is needed for the construction of cooperative System fishery management in the North-east Asian seas. Therefore, cooperative measures should be establishied. The final goal of the construction of fisheries management cooperative system is to establish sustainable fisheries in the North-east Asian seas. However, there is a big difference in fisheries management tools, fishing gear, exploitation rate of species, etc. This implies that a careful approach should be taken in order to achieve the cooperative fisheries management among Korea, China and Japan. conclusionly, the Governments of Korea, China and Japan should complement three bilateral agreemens, and which they prepares to 'Fisheries Resource Restore Program' Between Korea, China and Japan in the adjacent waters south of Jeju Island.

• Journal of Korean Philosophical Society
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• v.142
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• pp.265-294
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• 2017

In the early days of human history, the governing groups of rulers needed to justify their rule. The cause of rule became the ruling ideology. In China, the backbone of the ruling ideology was originally referred to as 'Di(帝)' or 'Shangdi(上帝)', who was later replaced by 'Tian(天)', Heaven. So there was a claim that Heaven gave the cause of the rule. This idea is the 'Tianming (天命)' idea. When the Zhou(周) Dynasty took control of the central government, the 'Tianming' idea had had a relatively sophisticated form. It was the 'Zhouli(周禮)' that organized the systematic order of the Zhou Dynasty. After this system collapsed, those who recognized 'Zhouli' as a desirable social system considered the collapse of 'Zhouli' as a situation of turbulent age. It was Qin(秦) State that unified all of the states of the period. However, after the unification, the Qin Dynasty fell sharply. The next dynasty was the Han(漢) Dynasty. The new ruling powers of the Han Dynasty needed to justify their regime. That means that it was necessary to establish the ruling ideology of the Han Dynasty. The representative of the ruling ideology of the Han Dynasty was Dongzhongshu, whose thought was based on Confucianism. His thought was related to "Chunqiugongyangzhuan(春秋公羊傳)", an interpretation of "Chunqiu(春秋)". This interpretation perspective is based on the idea of religious Heaven. Dongzhongshu thought that there were co-communions between Heaven and humans. His thought has the meaning of political theology in which rulers hold the basis of the rulers' sovereignty.

• Korean Security Journal
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• no.21
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• pp.35-52
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• 2009

The guard system in the last period of the Joseon Dynasty, established at the time of the struggle of invading world powers and the loss of the Dynasty rights, was strengthened to protect the Royal family and the Dynasty from the attacks of foreign powers. While investigating both the military system and the guard system from the beginning of King Gojong's direct royal governing to the time of Japanese annexation of Korea, we realize that the Joseon Dynasty not only lost the support of the public but also had little power to cope with the aggression of foreign countries. The reformation and strengthening by Daewongun, King Gojong's father, was made in preparation for King Gojong's direct royal rule. Nevertheless, the intervention of foreign countries in the domestic affairs of the Joseon Dynasty got worse. As opposed to their intervention, Queen Minbi had engaged in politics, which resulted in murderous attempts on her. The Joseon Dynasty had tried to reform and intensify the guard system. New names such as Muwiso, Chingunyeong, and Siwidai, had been given respectively. Such reformation and intensification had little effect because of two successive victories at the Sino-Japanese War and the Russo-Japanese War of Japan. Japan occupied the Joseon Dynasty by force after all. The guard system of Daehan-jeguk(the Empire of Korea) was eventually incapacitated; an army in the cause of justice was raised instead. However, The state of things and the guard system at that incapacitated period gives a good lesson for the establishment of a modern guard system at the present day.

• (The)Study of the Eastern Classic
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• no.36
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• pp.301-332
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• 2009

The 16 century Yulgok had lived have been evaluated as the golden age of Seonglihak(性理學) in Korea. However, on the contrary, excessively desperate was the real social and political situation which Yulgok had descirbed. Therefore, eventhhough the Seonglihak centered-reseach is meaningful, this research had the limitation in analyzing the politics in those times. In studying Yulgok's thought, the established researches had focused on philosophic theory centered-orientation. However escaping from that orientation, in this essay I try to restructure Yulgok's enlivened political experience that he had worldly seen, felt, heard and performed in 16th's real politics. While the established researches had absorbed in Kyeonghak(經學, the interpretaion of Confucian Cannon), I try to restore Kyeongse(經世, governing and managing the state) based on Yulgok's worldly political experience. The major concept on which I have focused is Pye(弊, the abnoxious custiom in political and official sphere). Yulgok's offical life had begun with the problematic of how to overcome Pye inherited by Kwongan(權奸, a politically villainous retainer). In the process, he had focused on the worldly performable issue, Minsaeng(民生, the livelihood of the people), not on the abstract and theoritical concept, Min(民, the people). He recognized the cause of desperate situation had resulted from Pyebeob(弊法, the obnoxious law, its system and its execution), and tried to reform Pyebeob in the various way. The next concern of Yulgok came to Pyejeong(弊政, the obnoxious politics, its system and its execution), which interrupted not to reform Pyebeob. According to Yulgok, Pyejeong resulted from the wrong fulfilment of official-scholar elite in government, and the distorted public opinion in governemt. This fact demonstrates two elements mentioned above had common root of the absence of communication of public opinion. Yulgok recognized the importance of Ui(議, the discussion) than of Ron(論, the dabate) and then reviving Ui, Yulgok had tried to arrange the foundation for the communication of public opinion in political sphere.

• Journal of Navigation and Port Research
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• v.32 no.8
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• pp.645-652
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• 2008

The interest on the marine leisure sports is rapidly increasing with the advent of the five-day week and with increments of GNP. The self-governing bodies are trying to drag large investments into the marine leisures industry through international exhibitions and yacht rallies. Unfortunately, the demands in the domestic area don't increase differently from those demand patterns in the advanced countries. In this study, several suggestions for vitalizations on the marine leisure industry are made after surveying the recognition degree of the domestic people on the marine leisures and the current states of their spending on the marine leisures. As results, it has been shown that the policies based upon negative factors coming from negative understandings on the leisure activities should be largely revised. Further, it seems that the policies for the preparations of the laws and the regulations for the marine leisures as well as for the R&D policies should be taken systematically so that the infra structures are constructed while improving the negative understandings on the leisures. The fundamental databases investigated in this study will help the policy makers and the investors reduce the risks of the policy and the investments in the field of marine leisure sports.

• Journal of the Korean association of regional geographers
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• v.22 no.4
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• pp.887-911
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• 2016

The empirical law that transverse dunes migrate inversely with their heights leads logically to the prediction that multiple dune ridges will converse to a single huge dune by merging. This contradicts the existence of the steady state dune fields on the Earth. The recent studies have emphasized dune collisions as a key mechanism to the stability of dunefield. The roles of wind shadow aspect ratio, however, have yet to be fully explored. This research aims to investigate the potential roles of wind shadow aspect ratio in the dynamical behaviors of transverse dune field. The simplified model is established for this, based upon allometric properties of transverse dunes, wind speedup on the stoss slope and sand trapping efficiency. The derived governing equations can be transformed to the zoning criteria and vector field for dune evolution. The dynamics analysis indicates that wind shadow aspect ratios do not produce convergent areas on the behavior space; rather, they just act as one of the factors that affect the trajectories of dune evolution. Though the model cannot represent the stability of dune field, but seem to produce a reasonable exponent for dune spacing-height relations.