• Title/Summary/Keyword: International private law

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Development of Land Purchase System by Ecological Evaluation - Focusing on the Donggang Basin - (생태성 평가를 통한 토지매수시스템 개발 - 동강유역을 중심으로 -)

  • Li, Lan;Yu, Hangnan;Zhu, Weihong;Koo, Bon-Hak
    • Journal of the Korean Institute of Landscape Architecture
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    • v.48 no.3
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    • pp.45-53
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    • 2020
  • With the increasing attention of the international community on climate change and biodiversity promotion programmes, the Korean government and public agencies are trying to protect and restore the ecosystem of areas protected by law, such as waterfronts, by acquiring private land. However, the inadequate purchase system has caused various problems. In this study, an efficient and systematic land purchase system was developed through ecological evaluation, focusing on the ecological and landscape conservation areas of the Donggang basin. The ecological evaluation was developed by integrating parcel-level evaluation and regional-specific evaluation, and the overall level of ecological function was established and finalized through on-site verification. As a result of verifying the purchase land of 88 parcels, it showed a relatively high agreement of more than 85.2%, and the rest of parcels (non-agreement) were considered to have had an impact on vegetation, crop harvesting, etc. due to seasonal differences in ecological evaluation and field verification. The purchasing system was ranked according to the ecological evaluation grade based on the endangered species and the distance from the core ecosystem. As a result, the purchase priority was systematically drawn up to the 5th rank for a total of 68 parcels for the private lands of Geoeun-ri, Munsan-ri, Deokcheon-ri, Unchi-ri, Gumam-ri, and Suji-ri. This study is expected to contribute to the preservation, restoration and ecological management of purchased land in the protected area in the future by establishing and proposing a systematic land purchase system based on ecological evaluation.

A Study on The Improvement of the Leagal Study on Special Fire Safety Inspection System (법과 제도적 관점에서 본 소방특별조사의 개선방안)

  • Lee, Jae Wook;Jeong, Gi Sung
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.3
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    • pp.545-552
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    • 2021
  • Under the Act amended on August 4, 2011, a special fire-fighting investigation was conducted by the relevant person (owner, manager, oil refineries), and the responsibility was also given to the relevant person. Instead of directly entering all existing fire-fighting targets and investigating the maintenance and management status of fire-fighting facilities, the fire-fighting agency selects and visits some targets every year, checks the maintenance and management status of fire-fighting facilities, corrects them, and imposes fines, etc. Reasons for the introduction of the system were the establishment of a private autonomous correction system by strengthening the responsibility of officials, lack of firefighting professionals, possible corruption due to frequent public contact, and responsibility of fire agencies. However, many problems arose even after the introduction of a special fire investigation system. A special fire investigation, one of the fire safety systems, checks whether related public officials and especially fire officials are properly installed, maintained and managed in accordance with relevant laws. Special firefighting investigations were introduced as firefighting inspections at the time the firefighting law was enacted in 1958, and have undergone a revised process more than 30 times until recently. Firefighting Facility Installation, Maintenance and Safety Management Act", the existing firefighting inspection was changed to a special firefighting investigation and accepted. At the time of enactment of the Fire Service Act in 1958, a special firefighting investigation was introduced as a firefighting inspection, and until recently, more than 30 revisions have been made. In 2003, as the existing fire fighting system was divided into four laws, it was approved by changing the existing fire fighting inspection to a special fire fighting investigation in the "Fire Fighting Facility Installation, Maintenance and Safety Management Act".

A Study on Legal Comparison Review of the Pilot's License System of WIG Ship(surface-flying ship) and Pilot Certification System of Aircraft (수면비행선박 조종사 면허제도와 항공기 조종사 자격증명제도의 법적 비교 검토)

  • Park, Sang-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.95-126
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    • 2020
  • In 2017, the world's first WIG ship (WIG: Wing In-Ground) pilot's license written test was conducted in Korea. The WIG ship is a ship that combines the characteristics of ships and airplanes. Therefore, the pilot of the WIG ship was allowed to apply only for those who had the aircraft pilot's license and the 6th class marine nautical license. The WIG ship pilot's license system was first introduced by Korea, so there are no international standards for the license system, and the introduction of a domestic qualification system also requires institutional arrangements due to various restrictions such as pilot training. However, in order to become a valuable industry as a future growth engine for the ocean, several urgent problems need to be solved, and that is the training of manpower for WIG ships. Therefore, I reviewed the institutional issues related to pilot training as this subject. Since 2001, various countries around the world have been discussing this issue, centering on IMO, and Korea has continued to participate and cooperate in IMO meetings. And the national qualification test for surface flying ships was conducted in Korea from 2011. However, there are still problems to be solved, and I pointed out the advancement of the manpower training system, the education and training system, and the designated national educational institution system. As a solution to this, it was suggested through the improvement of the license system and the operation of designated educational institutions. Among these solutions, I believe that the best way is to entrust the operation of designated national educational institutions to private educational institutions. However, I propose a plan that the government entrusts to private educational institutions, but the government is responsible for licensing and supervision. WIG ship will be a new market for the aviation industry and aviation workers.

Groping for Cooperative Space Activities in the Northeast Asia (동북아시아에서의 우주협력의 모색)

  • Rhee, Sang-Myon
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.75-103
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    • 2007
  • The purpose of this paper is to suggest to tackle the problem of poor cooperation in space activities, by re-examining the nature of the competitive political environment, and by building up a normative overarching framework, One of the most acute problems that hampers regional cooperation is the U.S. influence as represented in the MTCR, a supplier's cartel, as was evidenced in the ill-fate of the 2001 launch contract between China and Korea the next year. Notably China, the third space power in the world, has not been allowed to join the MTCR despite her application in June 2004. A possible reconciliation between China and the MTCR over her application for a partnership would set a cornerstone in building up a cooperative environment in the Northeast Asia. Just as the Helsinki process was an overarching norm building framework, comprising human rights, security and environmental issues, it would be desirable that a future peace framework in Northeast Asia dealing with the pending issues of Korean peninsula should also comprise of such broad issues as one relating to cooperation in space activities in the region. South Korea could tap expertise from her neighbor China. When South Korea become an independent space power either with her own technology or otherwise, she would be in a better position to play a role as a balancer in coordinating between the two neighboring space giants. It is remarkable that the Japanese led APRSAT has contributed much in establishing Sentinel Asia as a part of the Disaster Management Scheme, in that each participant, whether it be a state agency, or a private entity like a university or a research institute, can tap the common data to contribute to the common good of safety.

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Groping for Cooperative Space Activities in the Northeast Asia (동북아시아에서의 우주협력의 모색)

  • Rhee, Sang-Myon
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.59-86
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    • 2007
  • The purpose of this paper is to suggest to tackle the problem of poor cooperation in space activities, by re-examining the nature of the competitive political environment, and by building up a normative overarching framework, One of the most acute problems that hampers regional cooperation is the U.S. influence as represented in the MTCR, a supplier's cartel, as was evidenced in the ill-fate of the 2001 launch contract between China and Korea the next year. Notably China, the third space power in the world, has not been allowed to join the MTCR despite her application in June 2004. A possible reconciliation between China and the MTCR over her application for a partnership would set a cornerstone in building up a cooperative environment in the Northeast Asia. Just as the Helsinki process was an overarching norm building framework, comprising human rights, security and environmental issues, it would be desirable that a future peace framework in Northeast Asia dealing with the pending issues of Korean peninsula should also comprise of such broad issues as one relating to cooperation in space activities in the region. South Korea could tap expertise from her neighbor China. When South Korea become an independent space power either with her own technology or otherwise, she would be in a better position to play a role as a balancer in coordinating between the two neighboring space giants. It is remarkable that the Japanese led APRSAT has contributed much in establishing Sentinel Asia as a part of the Disaster Management Scheme, in that each participant, whether it be a state agency, or a private entity like a university or a research institute, can tap the common data to contribute to the common good of safety.

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Some Suggestions for the improvement of preservation and management of diplomatic records (외교문서 관리제도의 개선 방향)

  • Jeon, Hyun-Soo
    • The Korean Journal of Archival Studies
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    • no.13
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    • pp.205-231
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    • 2006
  • My suggestions in this paper come out of the review of the records on the Korean-Japanese negotiations(1952-1965). Before January 2002, the enforcement of the public records law, we had a poor management system of the diplomatic records. For a long time the diplomatic records of Korean government has not been preserved and managed according to the international and professional standards. So many important records have been probably lost and unsuitably classified, preserved for the future use. By the coming of public records law this deplorable situation in the management of diplomatic records has been much improved. However the registration, classification, compilation, based on the principle of provenance were not so sufficiently realized. It is now very urgent to employ more archivists in the relevant governmental institutions and organizations, and to introduce the concept of record group for the management of diplomatic papers. Also at the preparatory work for the publication of the diplomatic papers it is strongly needed to make a room for the participation of the civil experts such as historians, archivists and political scientists. In the case of publication of the Korean-Japanese papers it is also necessary to take the relevant American and Japanese governmental records on Korean-Japanese negotiations and private records of the actors of the times into account. Moreover it must be also seriously considered to start a big project for the elaborate edition of the important records of the foreign policy of the nation.

A Study on the allowed range of viewing and copying right of criminal victim's investigation records (범죄 피해자의 수사기록 열람·등사권의 허용 범위에 관한 연구)

  • NAM, SEON MO
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.127-137
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    • 2019
  • In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.

U.S. Commercial Space Regulatory Reform Policy (미국의 상업적 우주활동에 대한 규제개혁 정책)

  • Kwon, Heeseok;Lee, Jinho;Lee, Eunjung
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.46 no.12
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    • pp.1056-1069
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    • 2018
  • In order to promote the commercial space activities of the private sector, the Trump Administration announced the commercial space regulatory reforms by issuing the Space Policy Directive-2 (SPD-2) on May 24, 2018, followed by the SPD-3 dealing with a separate issue of the space traffic management on June 18. Both executive orders, based on the recommendations prepared by the National Space Council (NSC) reconstituted in June 2017 and signed by the President, involve regulatory reform policy related to launch services, commercial remote sensing, establishment of one-stop shop office in Commerce Department, radio frequency spectrum, export control, and space traffic management, providing a strong guidance to the Federal Government. The commercial space regulatory reform policy can be seen in broader terms of the National Security Strategy earlier announced on Dec. 18, 2017, and as such, it pursues the economic growth of the U.S. and the national security as well. The U.S. law and policy prioritizing its national interests by promoting commercial space activities may lead to concerns and debate on the potential breach of the provisions of the Outer Space Treaty. Hence, it is worth noting the legal implications as derived from the U.S. space policy and domestic legislation, thereby accelerating international discussion to build on international norms as appropriate to the pr ogress of space technology and space commercialization.

A Study on the Precedents Changing Related to International Jurisdiction in Electronic Commerce-Focused on U.S. Cases- (전자상거래의 국제재판관할 관련 판례변화에 관한 연구)

  • Woo, Kwang-Myung
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.3-29
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    • 2011
  • The Internet has become a medium through which people engage in increasingly sophisticated transactions. Businesses and consumers now use the Internet to communicate and engage in commercial transactions creating a virtual worldwide marketplace. They fear that the determination of Internet jurisdiction could be uncertain because electronic commerce is not executed in one particular place. Until now, there are no specific rules in the model laws and conventions dealing with international jurisdiction in electronic commerce. Due to the fact that U.S. companies are at the forefront of Internet technology, litigation regarding electronic commerce in the U.S. is more advanced than anywhere else in the world This paper analysis the basic framework for personal jurisdiction and approach for determining international jurisdiction in electronic commerce cases and explain the differences of several approaches involving interactions over the Internet. According to jurisdiction approach test, the U.S. employs sliding scale, effects and targeting test in electronic commerce. In recent many research views the targeting test as a global standard for determining international electronic commerce jurisdiction. However, there is still no clear indication of conclusive test of jurisdiction determination for electronic commerce. Therefore, it is a changing and process of jurisdiction test in the U.S. cases. In Korea, there is jurisdiction related clause in Private International Law, but it may be asked whether applicable in electronic commerce. Accordingly, analysis of the precedents changing related to electronic commerce jurisdiction of U.s. is full of suggestions in Korean companies, consumers and helps an enactment of code of civil procedure that containing many group's demands.

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Regulations of Launch Services and Management of Satellites in the Japanese Space Activities Act (인공위성의 발사 및 관리에 관한 규제 논점 - 2016년 일본 '우주활동법'을 중심으로 -)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.151-208
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    • 2020
  • Japan's two outer space-related laws were promulgated on November 16, 2016. There are the Act on Launching of Spacecraft, etc. and Control of Spacecraft (Act No. 76 of 2016, Space Activities Act) and the Act on Securing Proper Handling of Satellite Remote Sensing Records (Act No.77 of 2016, Remote Sensing Records Act). Japan's Space Activities Act states that a person who launches a satellite from the territory of Japan, or from a ship or airplane registered in Japan, must obtain permission from the Prime Minister prior to the launch. To obtain the permission, the person must have a certificate for a rocket design and for radio equipment at a launching facility. In addition, the ability to launch a rocket safely and the purpose for the satellite launch must be evaluated. Managing a satellite from Japan also requires permission from the government. A person who launches a rocket must have insurance for any potential damage arising from accidents, and the government is to supplement the potential compensation to allow for damage that cannot be covered by private insurance. The purpose of this paper reviews regulations of launch services and management of satellites in the Japan's Space Activities Act. It also offers some implications and suggestions for regulations of launching of spacecraft and management or operation of satellites.