• Title/Summary/Keyword: Legal Unification

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A Study on the Suppression and Punishment of International Terrorism (국제(國際)테러리즘의 억제(抑制)와 처벌(處罰)에 관한 연구(硏究) -중국민항기(中國民航機) 공중납치사건(空中拉致事件)을 중심(中心)으로-)

  • Yoh, Yeung-Moo
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.87-123
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    • 1989
  • The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

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Comparative Study of Security Services Industry Act and Police Assigned to Special Guard Act - Focused on special guards and police assigned to special guard duty - (경비업법과 청원경찰법의 비교 연구 특수경비원과 청원경찰을 중심으로)

  • Noh, Jin-keo;Lee, Young-ho;Choi, Kyung-cheol
    • Korean Security Journal
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    • no.57
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    • pp.177-203
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    • 2018
  • Police Assigned to Special Guard Act was legislated in 1962 to solve issues regarding the protection of various staple industrial installations, and in 2001, the Security Services Industry Act was revised to establish an effective security system for important national facilities. Thereby the Special Guards System was instituted. The current law has two parts, with the Police Assigned to Special Guard System and Special Guards System, and many scholars have actively discussed the appropriateness of the integration of both systems to solve problems caused by a bimodal system. However, in spite of these discussions taking place in the academic world, the idea of unification lost its power when the guarantee of status regulation was established for the police assigned to special guard. Strictly speaking, police assigned to special guard is a self-guard, and a special guard is a contractual guard. So, both of them have pros and cons. Thus, it would be desirable to give a legal, constitutional guarantee for both systems by strengthening each of them and making up for the weakness of each of them rather than trying to unify police assigned to special guard and special guard. To begin this process, we need to revise unreasonable legal provisions of Security Services Industry Act and Police Assigned to Special Guard Act as below. First, since the actual responsibilities of special guards and police assigned to special guard duty are the same, we need to make the facilities which they use equal. Second, legal provisions need to be revised so that a special guard may perform the duties of a police officer, according to the Act on the Performance of Duties by Police Officers, within the facility that needs to be secured in order to prevent any vacancy in the guarding of an important national facility. Third, disqualifications for the special guards need to be revised to be the same as the disqualifications for the police assigned to special guard duty. Fourth, it is reasonable to unify the training institution for special guards and for police assigned to special guard duty, and it should be the training institution for police. On-the-job education for a security guard needs to be altered to more than 4 hours every month just like the one for police assigned to special guard duty. Fifth, for a special guard, it is not right to limit the conditions in their using weapons to 'use of weapon or explosives' only. If one possesses 'dangerous objects such as weapon, deadly weapon, and so on' and resists, a special guard should be able to use their weapon against that person. Thus, this legal provision should be revised. Sixth, penalty, range of fines, and so on for police assigned to special guard duty need to be revised to be the same as the ones for a special guard. If we revise these legal provisions, we can correct the unreasonable parts of Security Services Industry Act and Police Assigned to Special Guard Act without unifying them. Through these revisions, special guards and police assigned to special guard duty may develop the civilian guard industry wholesomely under the law, and the civilians would have a wider range of options to choose from to receive high quality security service.

A Study on Laws Related to Anonymization of Medical Image Information in PACS (PACS에서 의료영상정보의 익명처리와 관련된 법의 연구)

  • Kweon, Dae Cheol
    • Journal of the Korean Society of Radiology
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    • v.16 no.5
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    • pp.627-637
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    • 2022
  • The purpose of this study is to comply with the operation and management of medical image information in PACS, the necessity of anonymizing the patient's personal information and the management status of the medical image information related to the personal The purpose of this study was to raise, discuss, and suggest the need for unification and coherence of the law by studying the content of the issues related to information related laws. In order to utilize information related to medical image information, it is necessary to unify the "Medical Act" or the "Bioethics Act" for clear legal application and consider the legal system's consistency. Since there is a possibility of conflict due to issues that are not yet established, systematic coherence of the law is required to find the basic common denominator for the utilization and use of medical image information and to harmonize the law. In addition, the necessity of enacting the "Medical Information Protection Act" that can be practically applied and easily practiced by medical personnel and managers in the clinical field so that sensitive matters of medical image information and personal information can be protected and managed in a specific and systematic way.

A Study on the Enhancement of International Regulation on Maritime Crimes at Sea (해상안전범죄에 대한 국제법상 규제강화방안에 관한 연구)

  • Min, Kkot-Byol;Lee, Yong-Hee
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.141-152
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    • 2006
  • Along with unification world market, marine transportation has become important for international community. At the same tome, piracy, armed robbery and maritime terrorism which threaten marine transport have been issued in international society. International organization like a IMO has continued to regulate maritime crimes by international law and regulation. Bearing in mind the in importance of the issue, this article analyze maritime crimes covering piracy, armed robbery and maritime terrorism about definition and legal character and pointed out problems. Finally it suggest methods to enhance international regulation on them.

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A Study on the Readjustment Plans for Solution of Conflict in Gaeseong Complex - Centering around the Inter-Korean Commercial Arbitration System (개성공단 분쟁해결 제도 정비방안 - 남북상사중재제도를 중심으로)

  • Hwangbo, Hyun
    • Journal of Arbitration Studies
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    • v.29 no.4
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    • pp.3-31
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    • 2019
  • In order to achieve full-scale economic cooperation between North Korea and South Korea, the Gaesong Industrial Complex should reopen first. In this case, the Inter-Korean commercial arbitration system should be clearly established to effectively resolve the disputes arising in the special economic zones of the Gaesong Industrial Complex. Even though the Inter-Korean Investment Security Agreement, the Agreement on the Resolution of Commercial Disputes between North Korea and South Korea, the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee, and the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee in the Gaesong Industrial District are in place, specific arbitration procedure is not concretely agreed upon and realized between the two Koreas. Therefore, the realization of commercial arbitration between them led by the Ministry of Unification or the government should be accomplished. In addition, it is necessary to consider the administrative trial or administrative litigation system in order to deal with administrative disputes that are not subject to commercial arbitration. Lastly, discussions on legal integration between the two Koreas should continue, focusing on the special economic zone of the Gaesong Industrial Complex, in order to prevent integration from being hindered by a different culture for a long time.

An Analysis on the Economic Effects of Inter-Korea Forest Cooperation Project

  • Choi, Sang Hyun;Park, Eung Sam;Woo, Jong-Choon
    • Journal of Forest and Environmental Science
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    • v.31 no.1
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    • pp.55-62
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    • 2015
  • For the last 10 years, there were also a lot of exchanges and cooperations between North and South Korea's local governments. Dealing with these exchanges more systematically, local governments had issued many regulations. But in the law level, the current laws regulating exchanges and cooperations between North and South Korea lacked care in the role of local governments in the course of Korea reunification. Therefore, it is necessary to redesign the legal system to support and promote the role of local governments in unification affairs. The purpose of this study is to seek answers to a question how the Inter-Korea forest cooperation project effect on regional economy compared with other forest sectors. Results of this study proved that Inter-Korea forest cooperation project effects on regional economy positively as 'plus investment', not negatively. Forest cooperation project will be resolve Inter-Korea conflicts more peacefully. So government should be supported continuously in the long run in order to raise the performance.

Policy Issues and Tasks of Public Libraries in Korea (국내 공공도서관의 정책적 현안과 과제)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.41 no.2
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    • pp.31-54
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    • 2007
  • The aim of this paper is to analyse correlation between the new library act and policy tasks of public libraries in Korea. In order to attain this objective, author set seven policy tasks, that is, amendment and complement of master plan for library development, unification of public library administrative system, institutionalization of local public library and information policy, job analysis and improvement of library personnel system, infrastructure expansion and revision of various legal standards, standardization of management evaluation and statistical system, and strong connection between public library and related cultural institutions. And author suggested the alternatives to drive and improve of these policy tasks.

A Juridical Approach to Causal Relations between Ocean Freight Shipping and Seaworthiness of Vessel (해상화물운송에 있어서 선박의 감항성(勘航性)과 인과관계(因果關係)에 관한 법리적(法理的) 접근(接近))

  • Park, Chang-Sik;Kim, Cheong-Yeul
    • Journal of Korea Port Economic Association
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    • v.22 no.2
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    • pp.83-108
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    • 2006
  • Regarding the ocean carrier's responsibility for damage indemnification, both his or her duty of care and reason of legal exemption have been considered important. The International Convention for the Unification of Certain Rules relating to Bills of Lading also provides that the ocean carrier indemnifies for the loss or damage of freight on the basis of the principle of liability with fault. In other words, the carrier assumes responsibility only for the loss or damage of freight which is under his or her control and whose safety must be carefully maintained by him or her. The carrier's duty of care which is required for freight safety in accordance with the convention is associated with two themes, seaworthiness of vessel and freight itself. To make ocean freight shipping effective necessities the seaworthiness of the ship that will conduct the shipping service under its responsibility. This will ultimately lead to making the service impressive to the shipper as freight owner. Thus the purpose of this study is to contribute to more reasonable shipping by the shipowner or the carrier who needs to ensure seaworthiness of vessel, and prevent unseaworthiness that may be incurred in accordance with freight characteristics. For the purpose, this paper reviewed the meaning of seaworthiness of vessel through a juridical approach to its causal relationship with ocean freight shipping.

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Cooperation plan between South-North Korea in the water environment sector (물환경분야 남북한 협력방안)

  • Kim, Geonha
    • Journal of Korean Society of Water and Wastewater
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    • v.34 no.1
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    • pp.23-33
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    • 2020
  • With growing expectations for economic cooperation between the two Koreas, there is much interest in participating in the construction of infrastructure in North Korea. In particular, water and sewage infrastructure is the four major social infrastructures in addition to housing, transportation, electricity and telecommunications. North Korea is known to have severe water pollution and ecosystem destruction in major rivers, water pollution and soil pollution in mining areas are serious, and water and sewage infrastructures in cities other than Pyongyang are known to be weak. Preemptive investment in water supply and drainage in North Korea is the foundation for securing the quality of life of the North Korean and is the foundation of public health and industry. It is a leading investment to reduce the cost of unification and is a new growth engine for the water reloded industry. In this study, we proposed a plan to exchange and cooperate in water environment for building water infrastructure of North Korea by examining the data related to water quality, water resources, water disaster, related legal system and human resources exchange situations in North Korea.

Issues and Improvements on the Country of Origin Labeling System for Consumer Protection in Korea (소비자보호를 위한 한국 원산지표시제도의 문제점과 개선방안)

  • Jin, Byung-Jin;Lim, Byeong-Ho
    • Korea Trade Review
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    • v.44 no.2
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    • pp.143-157
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    • 2019
  • The purpose of this study is to review domestic and foreign origin labeling system in order to implement origin labeling system in the perspective of protecting the interests of consumers, and to suggest governmental improvements by analyzing problems embedded in current labeling system. The results analysis show complexity of related legal system, lack of expertise at the stage of labeling, and inefficiency of crackdown authority. The improvement could be suggested in two ways: supporting plans for the ones who have duty of labeling and improvement plans in origin management system. As supporting plans, we suggest the need for an automatic origin determination system, appropriate education on origin stakeholders, and introduction of origin certification system. For improvement plans, there are unification of country of origin labeling related laws, utilization of FTA product specific rules, and QR code, expert confirmation system. Since the origin labeling issue has become important, proactive and quick responses must follow with thorough examination the effect of the origin labeling on consumer welfare.