• Title/Summary/Keyword: Legal Unification

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Arguments and Some Issues to be Considered for Building the New Administration Capital City in Korea (신 행정수도 건설의 논거와 과제)

  • 안성호
    • Journal of the Korean Geographical Society
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    • v.38 no.2
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    • pp.298-311
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    • 2003
  • Building the new administration capital city, one of presidential candidate Moo-Hyun Rho's election pledges, is now listed as a priority national policy agenda of the Participation Government. However, so many people's negative attitudes ranging from cynical skepticism to firm objections against the national policy agenda may threaten its smooth policy actualization. At this juncture, this paper attempts to present persuasive arguments and discuss some critical issues to be considered for building the new administration capital city successfully. The paper begins with taking a look at the current state of hyper-concentration of Seoul agglomeration area and its harmful effects, paints a vision of 'an evenly developed country as a whole' via illustrating the vision from the Swiss case, and reviews the performance of the precedent governments' reform measures for rectifying the hyper-concentration of Seoul agglomeration area. And then, the paper argues for building the new administration capital city as a potent solution to the problem of excessive concentration of activities in Seoul agglomeration area, as well as a driving force to spur the government to realize the Participation Government' enthusiastic vision: 'a decentralized and evenly developed country as a whole' and 'the hub country in the Northeast Asia'. In addition, the paper discusses the location of the new administration capital city in connection with the forthcoming national unification. Lastly, the paper deals with the important issues such as the procedure of people's approval, the population size and legal status of the new administration capital city, the relationship between building the new administration capital city and decentralization reform, etc.

The Political Recognition Surrounding Candlelight Rally and Taegeukgi Rally: A Big Data Analytics on Online News Comments (촛불 집회와 태극기 집회를 둘러싼 정국 인식: 온라인 뉴스 댓글에 대한 빅데이터 분석)

  • Kim, ChanWoo;Jung, Byungkee
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.6
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    • pp.875-885
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    • 2018
  • This study analyzed the major issues of the Candlelight Rally and Taegukgi Rally registered in news comments of the politics section of the portal site from October 24, 2016 to March 19, 2017. We examined the political recognition of the two rallies with the Named Entity Recognition. The main analytical items are the responsibility for impeachment, the subject and method of settlement, and other major issues. As a result of the analysis, the comments of the Candlelight Rally focused on the impeachment support and the legal penalties of the regime ministers, and insisted on resolving the political situation through the next election after impeachment. The comments of the Taegukgi Rally focused on the rejection of the impeachment to maintain the regime and insisted on rejecting the impeachment of the Constitutional Court. The conflicts between the group that supported Candlelight Rallis and the group that supported Taegukgi rallies are predicted to last at least for the time being (Park Geun-hye's trial period) after the presidential election. After the impeachment of the President and replacement of the regime this conflict will develop into the confrontation between the pursuit of liquidation and new politics and the attempt to influence the trial of Park Geun-hye. Therefore, the efforts to integrate society in the aftermath are necessary.

An Analysis on Operational Conditions of Non-Profit Organizations for the North Korean Defector (북한이탈주민을 위한 비영리단체의 운영 실태분석)

  • Choi, Hee;Kim, Youngsoon
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.7 no.3
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    • pp.31-41
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    • 2017
  • Through the evolutionary process of the North Korean defector support policies, this research investigates the background behind the formation of non-profit organizations for the North Korean defectors and to identify and understand the problem through their characteristics and functions. Starting from 1990, with an increase in the North Korean Defectors' population as well as the introduction of multicultural society, various environmental factors, such as the domestic socio-environmental changes, resulted an increase in number of private organizations. However, not to mention the size and functions of the organizations, some do not even have required legal organizational structures in place. Their business activities, in some cases, are irrelevant to the original purpose and objectives. Moreover, the fact that 83% of the North Korean Defectors Organizations are based in Seoul while 25.5% of the North Korean Defector residing in Seoul, inevitably make the reputation of the organizations to be illegal and dishonest due to the excessive level of competitions among the similar types of organizations. In reality, the organizations show lack of growth in the areas such as securing necessary employments to the Defectors or providing educations to the youth, who will eventually become the future leaders, in building the awareness capacity toward the unification. These results show that, in conducting their activities, the organizations must be aware of the rights and responsibilities as the constituents of the society, plus the government's practical efforts in improving these issues are also necessary.

Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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