• The Korean Journal of Air & Space Law and Policy
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• 제1권
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• Korean journal of applied entomology
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• 제54권4호
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• pp.401-407
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• 2015

This study describes the development of a method for monitoring Aphis gossypii in greenhouse cucumber fields that was used during 2013 and 2014. The dispersion pattern of A. gossypii was determined by commonly used methods: Taylor's power law (TPL) and Iwao's patchiness regression (IPR). The sample unit was determined by linear regression analysis between mean density of sample unit versus whole plant. The optimum sample unit for different plant growth stages was two leaves (median and the lowest + 1 leaf) when the total number of leaves was less than nine, and three leaves (4th, 7th from canopy, and the lowest +1 leaf) when the total number of leaves was greater than nine. A. gossypii showed an aggregated distribution pattern, as the slopes of both TPL and IPR lines were greater than 1. TPL provided a better description of the mean-variance relationship than did IPR. The slopes and intercepts of TPL and IPR from leaf samples did not differ between the surveyed years. Fixed precision levels (D) for a sequential sampling plan were developed using Green's and Kuno's equations based on the number of aphid in a leaf sample. Green's method was more efficient than Kuno's to stop sampling. The number of samples needed to estimate the density of A. gossypii increased at higher D levels and lower mean densities. The cumulative number of aphids needed to stop sampling increased at higher D levels and with fewer plants sampled. Thus to estimate 10 aphids per leaf, 13 plants needed to be sampled, and the cumulative number of aphids to stop sampling was 131.

• Korean Security Journal
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• 제42호
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• pp.361-391
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• 2015

Regarding the [Government Organization Act; which is legislated on 19th November, 2014] Korea Coast Guard(KCG) has been re-organized and belong from Korea Coast Guard shall be established under the Minister of Oceans and Fisheries to Ministry of Public Safety and Security. Furthermore, National Police Agency(NPA) Commissioner has the right for administer duties concerning investigation and information by succession from Korea Coast Guard Commissioner. That means that main rule has been moved from prior KCG to Ministry of Public Safety and Security(MPSS) and NPA currently which is dual structure. Meanwhile, This kind of organization change has been effective to investigative agency which exert KCG's call of duty and causes needs of variety problems. In other words, There are quite huge changes such as KCG's reduction of their work, call of duty and re-organization regarding revised government organization act. However this change - including re-organization by government, was not able to take current MPSS's special features such as organization specialty and legal rights. It means, the current change has not been taken present law system CRIMINAL PROCEDURE LAW and there was no preparation to stable maritime police authority action as well. To sum up, this revised GOVERNMENT ORGANIZATION ACT is supposed to provide total, quick security service by establishing strong disasters and safety control tower. However they only contains few area such as organization revision regarding 'Sewol Ferry Disaster', they was not able to contain the other parts of Society. Therefore, in this article I would like to check the part of re-evaluation of current change made by KCC's organization revision. It is supposed to provide better legal stability by making clear of work area by government agencies who acts maritime police authority.

• Journal of Korean Classical Literature and Education
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• 제38호
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• pp.65-101
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• 2018

In the late Joseon Dynasty, patriarchal ideology became central to the family and the clan, and once again became acutely felt with "the familism of clan rules that centered around a legitimate and eldest son." The establishment of the family-clan system, though somewhat complex, was largely aimed at the family line of "a paternalist-a legitimate and eldest son." The trend was not limited to a particular family, but rather, was a historical and social trend. Changseonggameirok showed how to solve the family crisis by setting up a problem for the next generation's patriarch. This paper tries to explain the issue of Hwachun's complex as the legitimate and eldest son complex. First, it suggests that Hwachun's complex is as universal as the Cain complex, also known as the eldest son complex, and that Hwachun's complex is a special instance of the legitimate and eldest son complex in Changseonggameirok. Next this paper studies the aspects of Hwachun's legitimate and eldest son complex combined with Mrs. Sim's complex, as well as her daughter-in-law's complex, and eventually tracks the development of the family-clan complex. As a result, we've come to a new conclusion that the legitimate and eldest son complex was found in Changseonggameirok for the first time in Korean literary history. This paper also examines the fact that when the legitimate and eldest son complex was transferred to Hwajin, it became a family complex that Hwajin had to contend with; this paper tracks the process wherein Hwajin's filial piety solved the legitimate and eldest son complex. As a result, we realized that Hwajin's filial duty and brotherly love went beyond his feelings for Mrs. Sim and Hwachun, and supported the substantiation for "the familism of a clan that is based on rules of the legitimate and eldest son" in the course of public opinion. However the familism of these rules was not embodied in the absolute; in the royal family, for example, it was rather flexibly implemented when the characters admitted to breaking the law. In addition, this paper provides the room for a critical reading of Changseonggameirok, reflecting back on the underlying guilt and psychological pain of the characters who are affected by the particular rules, and concluding that guilt and suffering are fundamentally insoluble. This is because the two ideas, "the legitimate and eldest son complex" and "the familism of a clan rules centered on a legitimate and eldest son" are two sides of the same coin.

• Korean Journal of Heritage: History & Science
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• 제48권2호
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• pp.64-81
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• 2015

The Treasure No.165 of Ojukhen is a separate house(別堂) which was still remained as a gentry house in the earliest day. The formative aspects have the important meaning as the history of Korean architecture. Specially the place is famous for Shin, Saim-dang(申師任堂) gave birth to Yulgok(栗谷) Yi, I(李珥). The house was built by one's family of Gangneung Choi clan(江陵崔氏) but Son-in-law inherited the house because there was the practice of inheritance by equal distribution and the mother of Shin, Saim-dang, Yongin Lee clan(龍仁李氏) inherited Gwon, Cheo-kyun(權處均) who was her hrandson under the condition of looking after the tomb. The reason why house name was Ojukhen is that Gwon, Cheo-kyun's another name is Ojukhen. Ojukhen is cultural properties which showed the change of practicing inheritance and ancestral rites. Ojukhen has the special relationship of one's grandson and did not have such of immediate family. This is because there were customs husband had to go to married woman's house and live there during short time. Yongin Lee clan and Shin, Saimdang has lived in the Ojukhen. Yongin Lee clan lived there after marrying. Shin Saimdang also spent a time of living her house after marrying and his son(Yi, I) was born in the place. Yi, I spent their time under Yongin Lee clan and one's mother's parents. Therefore he had a good relationship with his maternal grandmother. This is why his maternal grandmother became a descendant offering sacrifice to his ancestors. The reason why Gwon, Chen-kyun looked after the tomb of Yongin Lee clan was also Gwon, Hwa(權和) became sonin-law who lives with his wife's family. Ojukhen is the showcase of finding the marriage and living manage in the early Joseon Dynasty. The most village of Buk-Pyeong(北坪村) in the Gangneung called by Yi, I's one's mother's parents' home. Since after, the place was changed as the clan village immediate family of Andong Kwang clan(安東權氏) of Gwon, Cheokyun of Chumilgong family(樞密公派). After 17C, there were social historic changings focused on relative group. Ojukhen was the start of changing the clan village. Ojukhen is cultural properties which showed inheritance, relative, marriage in the turning point of Joseon Dynasty.

• Korean Journal of Heritage: History & Science
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• 제43권1호
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• pp.56-85
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• 2010

UNESCO World Heritage Programme was introduced following the adoption of Convention Concerning the Protection of the World Cultural and Natural Heritage by the General Conference of UNESCO in 1972 in order to protect cultural and natural heritage with superb value for all mankind. Despite its short history of less than 40 years, it has been evaluated as one of the most successful of the cultural area projects of UNESCO with 890 world heritage registered worldwide. For systematic protection management of World Heritage, UNESCO, through systemization of registration, emphasis on the importance of preservation management plan, institutionalization of monitoring, and operation of World Heritage Fund, has utilized World Heritage Programme not just as a means of listing excellent cultural properties, but as a preservation planning tool, and accordingly, such policies have had a significant influence on the cultural heritage protection legislations of numerous nations. Korea has ratified World Heritage Convention in 1988, and with the registration of the Royal Tombs of the Joseon Dynasty in 2009, it has 9 World Heritage Sites. Twenty years have passed since Korea joined the World Heritage Programme. While World Heritage registration contributed to publicity of the uniqueness and excellence of Korean cultural properties and improvement of Korea's national culture status, it is now time to devise various legislative/systematic improvement means to reconsider the World Heritage registration strategy and establish a systematic preservation management system. While up until now, the Cultural Properties Protection Law has been amended to arrange for basic rules regarding registration and protection of World Heritage Sites, and some local governments have founded bodies exclusive for World Heritage Site management, a more fundamental and macroscopic plan for World Heritage policy improvement must be sought. Projects and programs in each area for reinforcement of World Heritage policy capacity such as: 1) Enactment of a special law for World Heritage Site preservation management; 2) enactment of ordinances for protection of World Heritage Sites per each local government; 3) reinforcement of policies and management functionality of Cultural Heritage Administration and local governments; 4) dramatic increase in the finances of World Heritage Site protection; 5) requirement to establish plan for World Heritage Site preservation protection; 6) increased support for utilization of World Heritage Sites; 7) substantiation and diversification of World Heritage registration; 8) sharing of information and experiences of World Heritage Sites management among local governments; 9) installation of World Heritage Sites integral archive; 10) revitalization of citizen cooperation and resident participation; 11) training specialized resources for World Heritage Sites protection; 12) revitalization of sustainable World Heritage Sites tourism, must be selected and promoted systematically. Regarding how World Heritage Programme should be domestically accepted and developed, the methods for systemization, scientific approach, and specialization of World Heritage policies were suggested per type. In the future, in-depth and specialized researches and studies should follow.

• The Korean Journal of Archival Studies
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• 제38호
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• pp.75-124
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• 2013

This study aims, by paying attention to the special values of records of Constitutional Court, to discuss the characteristics of them and figuring out their present state, and to suggest some measures for improvement in the records management. First of all, I defined the concept of the records of Constitutional Court and its scope, and made an effort to comprehend their types and distinct features, and on the basis of which I tried to grasp the characteristics of the records. Put simply, the records of Constitutional Court are essential records indispensible to the application of Constitutional Court's documentation strategy of them, and they are valuable particularly at the level of the taking-root of democracy and the guarantee of human rights in a country. Owing to their characteristics of handling nationally important events, also, the context of the records is far-reaching to the records of other constitutional institutions and administrations, etc. In the second place, I analyzed Records Management Present State. At a division stage, I grasped the present state of creation, registration, and classification system of records. At an archives repository stage, I made efforts to figure out specifically the perseveration of records and the present of state of using them. On the basis of such figuring-outs of the present situation of records of Constitutional Court, I pointed at problems in how to manage them and suggested some measures to improve it in accordance with the problems, by dividing its process into four, Infrastructure, Process, Opening to the public and Application. In the infrastructure process, after revealing problems in its system, facilities, and human power, I presented some ways to improve it. In terms of its process, by focusing on classification and appraisal, I pointed out problems in them and suggested alternatives. In classification, I suggested to change the classification structure of trial records; in appraisal, I insisted on reconsidering the method of appropriating the retention periods of administration records, for it is not correspondent with reality in which, even in an file of a event, there are several different retention periods so it is likely for the context of the event worryingly to be segmented. In opening to the public and application, I pointed at problems in information disclosure at first, and made a suggestion of the establishment of a wide information disclosure law applicable to all sort of records. In application, I contended the expansion of the possibility of application of records and the scope of them through cooperation with other related-institutions.

• International Area Studies Review
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• 제22권3호
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• pp.3-27
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• 2018

This paper analyzes Cuba's market-oriented reforms to alleviate essential problems with socialist countries such as soft budget constraints and incentive problems. It also discuss about effectiveness of industrial policy as a development strategy. The soft budget constraints and incentive problems resulted in the collapse of Soviet bloc and COMECON in early 1990s. After the collapse, Cuban economy suffered a steep dive, and national income tumbling down rapidly. Cuban faced serious shortages of food, gasoline, and other basic necessities of life. To halt and partially reverse economic downturn and dire austerity in the 1990's, the Cuban government made some partial reforms to the inherited Soviet system of cental planningand faced severe shortage in food, energy, and daily necessities. In response to the economic crisis. Cuba introduced economic reforms and implemented industrial policy as a development strategy as long as Cuba maintained a strong socialist country. Cuban government established the economic free zone law and attempted to induce foreign direct investment by implementing export-led industrial policy. Fiedel Castro approved the Law No. 165 "Free Zones and Industrial Parks", in 1996. However, Cuba's ESZ strategy seems to have failed because of the U.S. sanctions, but also because of Cuba's own policies, which do not allow foreign investors to hire workers directly and impose a high implicit tax on wages. By limiting advanced techniques of personnel and organization management, indirect employment can result in lowering work efforts and productivity of workers, and aggravating production efficiency in the ESZs. Another reason to fail comes from the double wage structure due to the double monetary-exchange rate system. Most of the high non-wage costs result from the double exchange rate system. Due to Cuba's imbalanced industry and production structures, concentrated labor force, and urbanization and centralization of agriculture production, the industrial transformation development model suggested by Lewis has not been successful unlike other Asian agriculture-led development model. Cuba has to overcome many difficulties in implementing industrial policy as a development strategy.

• Journal of the Society of Disaster Information
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• 제19권2호
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• pp.395-410
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• 2023

Purpose: The purpose of this study was to analyze the current state of drone terrorism response at such critical national facilities and derive improvements, especially to identify problems in laws and systems to effectively utilize the anti-drone system and present directions for improvement. Method: A qualitative research method was used for this study by analyzing a variety of issues not discussed in existing research papers and policy documents through in-depth interviews with subject matter experts. In-depth interviews were conducted based on 12 semi-structured interviews by selecting 16 experts in the field of anti-drone and terrorism in Korea. The interview contents were recorded with the prior consent of the study participants, transcribed back to the Korean file, and problems and improvement measures were derived through coding. For this, the threats and types were analyzed based on the cases of drone terrorism occurring abroad and measures to establish anti-drone system were researched from the perspective of laws and systems by evaluating the possibility of drone terrorism in the Republic of Korea. Result: As a result of the study, improvements to some of the problems that need to be preceded in order to effectively respond to drone terrorism at critical national facilities in the Republic of Korea, have been identified. First, terminologies related to critical national facilities and drone terrorism should be clearly defined and reflected in the Integrated Defense Act and the Terrorism Prevention Act. Second, the current concept of protection of critical national facilities should evolve from the current ground-oriented protection to a three-dimensional protection concept that considers air threats and the Integrated Defense Act should reflect a plan to effectively install the anti-drone system that can materialize the concept. Third, a special law against flying over critical national facilities should be enacted. To this end, legislation should be enacted to expand designated facilities subject to flight restrictions while minimizing the range of no fly zone, but the law should be revised so that the two wings of "drone industry development" and "protection of critical national facilities" can develop in a balanced manner. Fourth, illegal flight response system and related systems should be improved and reestablished. For example, it is necessary to prepare a unified manual for general matters, but thorough preparation should be made by customizing it according to the characteristics of each facility, expanding professional manpower, and enhancing response training. Conclusion: The focus of this study is to present directions for policy and technology development to establish an anti-drone system that can effectively respond to drone terrorism and illegal drones at critical national facilities going forward.

• Korean Security Journal
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• 제1호
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• pp.371-408
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• 1997

This article is the reserch on actual condition of crime of arson which occurs in Korea and its countermeasures. The the presented problem in this article are that (1) we have generally very low rate concern about the crime of arson contrary to realistic problems of rapid increase of crime of arson (2) as such criminal motives became so diverse as to the economic or criminal purpose unlike characteristic and mental deficiency of old days, and to countermeasure these problems effectively it presentation the necessity of systemantic research. Based on analysis of reality of arson, the tendency of this arson in Korea in the ratio of increase is said to be higher than those in violence crime or general fire rate. and further its rate is far more greater than those of the U.S.A. and Japan. Arson is considered to be a method of using fire as crime and in case of presently residence to be the abject, it is a public offense crime which aqccompany fatality in human life. This is the well It now fact to all of us. And further in order to presentation to the crime of arson, strictness of criminal law (criminal law No, 164 and 169, and fire protection law No. 110 and 111) and classification of arsonist as felony are institutionary reinforced to punish with certainty of possibility, Therefore, as tendency of arson has been increased compared to other nations, it is necessary to supplement strategical policy to bring out overall concerns of the seriousness of risk and damage of arson, which have been resulted from the lack of understanding. In characteristics analysis of crime of arson, (1) It is now reveald that, in the past such crime rate appeared far more within the boundary of town or city areas in the past, presently increased rate of arsons in rural areas are far more than in the town or small city areas, thereby showing characteristics of crime of arson extending nation wide. (2) general timetable of arson shows that night more than day time rate, and reveald that is trait behavior in secrecy.(3) arsonists are usually arrested at site or by victim or report of third person(82,9%).Investigation activities or self surrenders rate only 11.2%. The time span of arrest is normally the same day of arson and at times it takes more than one year to arrest. This reveals its necessity to prepare for long period of time for arrest, (4) age rate of arson is in their thirties mostly as compared to homicide, robbery and adultery, and considerable numbers of arsons are in old age of over fifties. It reveals age rate is increased (5) Over half of the arsonists are below the junior high school (6) the rate of convicts by thier records is based on first offenders primarily and secondly more than 4 time convicts. This apparently shows necessity of effective correctional education policy for their social assimilation together with re-investigation of human education at the primary and secondary education system in thier life. The examples of motivation for arosnits, such as personal animosity, fury, monetary swindle, luscious purpose and other aims of destroying of proof, and other social resistance, violence including ways of threatening, beside the motives of individual defects, are diverse and arsonic suicide and specifically suicidal accompany together keenly manifested. When we take this fact with the criminal theory, it really reveals arsons of crime are increasing and its casualities are serious and a point as a way of suicide is the anomie theory of Durkheim and comensurate with the theory of that of Merton, Specifically in the arson of industrial complex, it is revealed that one with revolutionary motive or revolting motive would do the arsonic act. For the policy of prevention of arsons, professional research work in organizational cooperation for preventive activities is conducted in municipal or city wise functions in the name of Parson Taskforces and beside a variety of research institutes in federal government have been operating effectively to countermeasure in many fields of research. Franch and Sweden beside the U.S. set up a overall operation of fire prevention research funtions and have obtained very successful result. Japan also put their research likewise for countermeasure. In this research as a way of preventive fire policy, first, it is necessary to accomodate the legal preventitive activities for fire prevention in judicial side and as an administrative side, (1) precise statistic management of crime of arson (2) establishment of professional research functions or a corporate (3) improvement of system for cooperative structural team for investigation of fires and menpower organization of professional members. Secondly, social mentality in individual prospect, recognition of fires by arson and youth education of such effect, educational program for development and practical promotion. Thirdly, in view of environmental side, the ways of actual performance by programming with the establishment of cooperative advancement in local social function elements with administrative office, habitants, school facilities and newspapers measures (2) establishment of personal protection where weak menpowers are displayed in special fire prevention measures. These measures are presented for prevention of crime of arson. The control of crime and prevention shall be prepared as a means of self defence by the principle of self responsibility Specifically arsonists usually aims at the comparatively weak control of fire prevention is prevalent and it is therefore necessary to prepare individual facilities with their spontaneous management of fire prevention instead of public municipal funtures of local geverment. As Clifford L. Karchmer asserted instead of concerns about who would commit arson, what portion of area would be the target of the arson. It is effective to minister spontaveously the fire prevention measure in his facility with the consideration of characteristics of arson. On the other hand, it is necessary for the concerned personnel of local goverment and groups to distribute to the local society in timely manner for new information about the fire prevention, thus contribute to effective result of fire prevention result. In consideration of these factors, it is inevitable to never let coincide with the phemonemon of arsons in similar or mimic features as recognized that these could prevail just an epedemic as a strong imitational attitude. In processing of policy to encounter these problems, it is necessary to place priority of city policy to enhancement of overall concerns toward the definitive essense of crime of arson.