• Journal of the Korean Society for Library and Information Science
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• v.28
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• pp.135-165
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• 1995

When the unification process was established, West German librarians formed a commission for all library and information sectors. After legal unification, the committee formed 6 Arbeitsgruppe(AG) to develop library and information policies for the country. This was designed specially to elevate the level of the East German library system to the West German standard. The first AG concerns the public libraries. The second AG focuses on the education system for library and information specialists. The third AG examines the academic libraries. The fourth AG reviews the regional and national library services and the central organization. The fifth AG explores library and information techniques. The sixth and final AG inspects the legal problem of libraries. Each AG consists of specialists from both East and West German library systems who are experts in their particular subject area. The committee has general meetings to determine the best direction for the nation's library system. Common knowledge indicates this unification was based on economical amalgamation(fusion) from East Germany to West Germany. The unification resulted in the library and information recommendations tending to favor the more advanced West German policies. In this process there are a number of subtle ideological and psychological problems. If before the separation they had developed their library system as one entity, they could overcome the current differences. with much less confusion. In this political phenomenon we can learn that cultural unification needs more time than political unification.

• Journal of Sinology and China Studies
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• v.81
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• pp.227-256
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• 2019

Hong Kong's protests, which began in June 2019 with Anti-Extradition Bill Protests, have already lasted for months, and the demonstrations have a significant impact on China and Hong Kong as a whole. The protests began in opposition to the Hong Kong government's revision of the extradition bill, but in substance, it has a strong nature as a test of China's "One Country Two Systems" policy. Since the establishment of the Hong Kong Special Administrative District on July 1, 1997, the primary legal norm between China and Hong Kong is the Basic Law of Hong Kong. However, conflicts of legal standards have occurred frequently due to the difference between socialism and the capitalist legal system, and there has been a continuous controversy over the interpretation of the Basic Law of Hong Kong. Moreover, the core of the legal conflict between China and Hong Kong has always been China's "One Country Two Systems" policy. This paper examined the issues related to the "Right of Legal Interpretation" of Standing Committee of the National People's Congress, the characteristics and interpretation rights of the Basic Law of Hong Kong, the direct election system of the administrative minister, the implementation of the universal suffrage, and the legislative issues of the application of Article 23 of the Hong Kong Basic Law. Furthermore, this paper also investigated the laws and systems newly introduced by China to solve these legal conflicts. The integration of the legal system of the divided state is a complicated process beyond the combination of the legal system by integrating the multiple legal systems that have separated for a long time under heterogeneous political, economic, and social networks. Moreover, the adjustment and integration of various legal systems under the premise of a single Constitution is the starting point for the actual inclusion of various fields after the unification as well as unification process and provides a basis for achieving full integration. Therefore, the unification of the divided countries should be the first step in a long journey toward becoming a practical one, not a goal itself. It is crucial to reduce trial and error and cost, and achieve stable unification in our unification process in Korea, by learning lessons from the contradictions and conflicts that appear in the "One Country Two Systems" unification between China and Hong Kong.

• International Journal of Computer Science & Network Security
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• v.21 no.5
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• pp.113-120
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• 2021

The adoption of the General Data Protection Regulation (EU) 2016/679 transformed approaches and concepts to the implementation of the personal data protection mechanism in the European Union. Within the EU, almost all countries have adapted a new protection mechanism, which requires a study of the specifics of its use. The article intends to assess the legal provisions of the current mechanism of personal data protection in the EU. The author studied the mechanism of personal data protection under the General Data Protection Regulation (EU) 2016/679 (GDPR) based on the concept of contextual integrity and analysis of EU legislation on personal data protection. The scientific publications for 2016-2020 were reviewed for the formation of ideas of a new personal data protection mechanism in the EU, informative and transparent analysis of legal provisions. The article notes that the personal data privacy and protection is increasing, there is an ongoing unification of the legal status of personal data protection and the formation of a digital market for dissemination, exchange, control, and supervision of data. Cross-border cooperation is part of the personal data protection mechanism. The author proved that the GDPR has changed approach to personal data protection: the emphasis is now shifting to the formation of a digital market, where the EU's role in ensuring regulation is crucial. The article identifies the emergence of a new protectionist legal system and strengthening of legal provisions regarding privacy. This legal system needs unification and harmonization in accordance with national legislation, is territorially fragmented and differentiated within the EU.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.36 no.2
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• pp.33-42
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• 2020

On October 3, 1990, Germany achieved peaceful reunification by integrating East Germany into West Germany. Since reunification, the region of East Germany had to have a new value standard in extreme social changes such as legal, political, administrative and spatial amid rapid systemic changes. The purpose of this study is to characterize urban policy related to urban change in DDR in the past 30 years after German unification. In particular, this study examined the change of construction law and Städtebauförderung Program as urban policy. The characteristics of Städtebauförderung programs and urban regeneration are in context with their contents. The characteristics of Städtebauförderung program support program are ultimately aimed at resolving imbalances among cities, improving the quality of life of residents and developing cities with future-oriented sustainability.

• Journal of Legislation Research
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• no.55
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• pp.57-94
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• 2018

Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

• Journal of the Korean Institute of Navigation
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• v.21 no.4
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• pp.66-92
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• 1997

Even though marine casualities are recently occuring so frequently in territorial sea or beyond, that causing danger to navigation, yet no international regimes are officially made to cope with such an impediment efficiently. However, Internatinal Maritime Organization (IMO) commenced to work for adopting an appropriate internaitnal convention on wreck removal under co-operation with Comite' Maritime International (CMI). The legal committee of the CMI has already provided full comments on draft convention of the wreck romoval and duly submitted to IMO as a reference which was made on the basis of their principles of unification and harmonization. Accordingly, this paper re-arranged in order aiming to understand easily for legal aspects of the draft convention comprehensively in accordance with full contents provided by the CMI. To avoid any improper applicationor undue interpretation after fixing of the convention , every coastal state which has keen interests should trace its background of legal information from initial stage. Accordingly, the paper will contribute not only to realize how to draw a whole legal picture including specific articles on the convention fixable in the future but also to the national legislation with understanding full legal history of the convention.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.65-84
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• 1999

During the past few decades, we have witnessed three approaches to overcome the legal disparities between trading countries: - determining the individual governing law in accordance with the conflict of laws principle; - unifying and harmonizing private international law into uniform rules and substantive laws under the auspices of ICC, UNCITRAL, UNIDROIT and various NGOs ; and - drafting model laws like the UNCITRAL Model Law on Electronic Commerce and promoting member countries to enact them. Against this backdrop, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the process by which it was adopted, established the benchmark for the unification of commercial law. The CISG, completed in 1980, merged civil and common law concepts and came into force in 1988 after a certain number of countries endorsed the treaty. Besides the CISG, the U.N. Limitations Convention and the UNIDROIT Principles of International Commercial Law, to name a few, have attempted to set cross-border legal norms and standards in the international business transactions. However, since the advent of computer-based commerce, there have emerged all-out efforts to establish uniform rules before national legal systems have been developed. As a consequence, the Model Law on Electronic Commerce has become a specimen legislation covering functional equivalents of paper-based writing and signature. For the credit enhancement exemplified by the Uniform Rules for Demand Guarantees (ICC Publication No.458), the UNCITRAL prepared the U.N. Convention on Independent Guarantees and Stand-by Letters of Credit, which was adopted by the U.N. General Assembly in 1995 but remains still not effective as only two countries have ratified this treaty so far. In this connection, two draft conventions underway at UNIDROIT and UNCITRAL deserve our attention as the probability of unification in the Korean Peninsula is mounting. They are to create security interests for commercial finance in moveable equipment and accounts receivable. The UCC-type security rights are regarded to be useful to enable the North Koreans with limited properties to borrow from the banks.

• Journal of Legislation Research
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• no.53
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• pp.61-107
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• 2017

It has been seventy-two years since the Korean Peninsular was divided into South and North Korea. When Korea was liberated from Japanese colonial rule in August 1945, the South and North established a capitalist system and a socialist system (communism) respectively, intensifying the ideological conflict and confrontation. The division of Korea was not confined to political and economical aspects, but extended to legal system, making it difficult to find legislative homogeneity in the two. The long-term situation of the divided nation results in a social phenomenon accompanied by legal division. For instance, shortly after its liberation from Japan's colonial rule, North Korea responded quickly to secure legal stability to govern the northern part while the Soviet army troops were stationed in it. Based on Marx and Engels' historical materialism, the North drove a change in its ideological superstructure by repealing the privatization of land property which was the means of production and finally enforced land nationalization, in common with other socialist states including the former Soviet Union. The North's land reform made under the guise of fulfilling national independence and doing away with anti-seigneurial and anti-feudalistic relations, has led to a wide difference in the systems between the South and Korea. This paper focuses on the legal systems of South and North Korea and is aimed at exploring the legal characteristics and environment of the North which became secluded from the world while engaging in socialist experiments for the past seventy two years against capitalism. Ongoing studies of legal system integration will be briefly discussed. The legal status of South and North Korea as a political entity will be investigated to overcome legal system division; and the characteristics of South-North relationship in legal terms and the limitations of the North's legal system will be also examined. Moreover, the directions for integrating legal systems and the plan for resolving legal system division will be suggested.

• Convergence Security Journal
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• v.15 no.2
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• pp.69-80
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• 2015

The present study was conducted with aim for establishing the framework of integrated veteran policy for unified Korea through the analysis of the North Korea's veteran policy. For the purpose, this study reviewed the legal system and implementation process concerning the North Korea's veteran policy and analyzed the establishment of fundamental framework of unification and the implications from the North Korea's veteran policy for unified Korea. The review of the North Korea's veteran policy covered the beginning of the North Korea's veteran policy to the present. Based on the findings of the review, this study revealed the necessity of re-establishing the principle of veteran policy in preparation for unification and proposed a plan for unified veteran policy. The results from this study are expected to be a meaningful milestone to unified veteran policy after unification. It is reasonably expected that there will remain considerable differences and conflicting factors, which could block the path to national integration, between two countries and their peoples after unification. Therefore, it is more important to make a thorough preparation and form social consensus than any other. In this respect, national policy for veterans should go back to basics and be reviewed to be ready for unification. Although different in time, the North Korea's veteran policy was and is the base of the nation's system and source engine for development every period. Re-designing the principle of veteran policy should reflect both symbols of the unified nation and the national identity, but also of socially integrated spirit. Therefore, it must include the spirit of patriotism and awareness of national security. Furthermore, as for the integration of veteran policies for unification, it is especially important for two countries to possess and share common historical consciousness. The unified veteran policy should be integrated on this base.

• Journal of Korean Philosophical Society
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• v.147
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• pp.333-356
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• 2018

Shang Yang was a person who, as a representative of the former School of Law, not only had an effect of thought on Han Fei Tzu, but also put a cornerstone of Qin Shi Huang's great universal unification by placing small and weak Qin Dynasty in a border area in the rank of a newly rising powerful nation. He is especially regarded as a person who valued laws and established the theoretical framework of legalist thought of School of Law systematically. To begin with, this writing examines the contents of the enforcement of legal reforms relevant to the prerequisite of Shang Yang's legal thought in historical archives, and confirms that Shang Yang succeeded in accomplishing legal reforms twice and that the aim of the legal reforms was to realize national prosperity and military power for the universal unification. This writing also takes notice of the fact that Shang Yang's legal thought went through specific steps for unifying the legal authority and the power of the monarch. Especially this writing focuses on applying the three-step theory of norms that was presented in the western social and political norm theory to Shang Yang's legal thought and on examining the characteristic and meaning explicitly. In short, the social and political norms go through emergence, cascade, and internalization. This writing aims to confirm that Shang Yang's legal thought also went through these three steps and was specified. Specifying this critical mind, this writing is a result which discusses that Shang Yang's legal thought went though the steps of the selective prescriptivism of emergence, the monarchical absolutism through sever punishment, and the internal monarchism for national prosperity and military power, and that the thought was systemized. Finding that the contents of Shang Yang's legal thought correspond to the three-step theory of norms and produce the individual meaning is the independent characteristic of this writing. It is the aim of this writing that the system and meaning of Shang Yang's legal thought will be confirmed more explicitly through this contextual examination.