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The Definition of Outer Space and the Air/Outer Space Boundary Question (우주의 법적 지위와 경계획정 문제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.427-468
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    • 2015
  • To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.

Clinical and radiographic evaluation of $Neoplan^{(R)}$ implant with a sandblasted and acid-etched surface and external connection (SLA 표면 처리 및 외측 연결형의 국산 임플랜트에 대한 임상적, 방사선학적 평가)

  • An, Hee-Suk;Moon, Hong-Suk;Shim, Jun-Sung;Cho, Kyu-Sung;Lee, Keun-Woo
    • The Journal of Korean Academy of Prosthodontics
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    • v.46 no.2
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    • pp.125-136
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    • 2008
  • Statement of problem: Since the concept of osseointegration in dental implants was introduced by $Br{{\aa}}nemark$ et al, high long-term success rates have been achieved. Though the use of dental implants have increased dramatically, there are few studies on domestic implants with clinical and objective long-term data. Purpose: The aim of this retrospective study was to provide long-term data on the $Neoplan^{(R)}$ implant, which features a sandblasted and acid-etched surface and external connection. Material and methods: 96 $Neoplan^{(R)}$ implants placed in 25 patients in Yonsei University Hospital were examined to determine the effect of the factors on marginal bone loss, through clinical and radiographic results during 18 to 57 month period. Results: 1. Out of a total of 96 implants placed in 25 patients, two fixtures were lost, resulting in 97.9% of cumulative survival rate. 2. Throughout the study period, the survival rates were 96.8% in the maxilla and 98.5% in the mandible. The survival rates were 97.6% in the posterior regions and 100% in the anterior regions. 3. The mean bone loss for the first year after prosthesis placement and the mean annual bone loss after the first year for men were significantly higher than that of women (P<0.05). 4. The group of partial edentulism with no posterior teeth distal to the implant prosthesis showed significantly more bone loss compared to the group of partial edentulism with presence of posterior teeth distal to the implant prosthesis in terms of mean bone loss for the first year and after the first year (P<0.05). 5. The mean annual bone loss after the first year was more pronounced in posterior regions compared to anterior regions (P<0.05). 6. No significant difference in marginal bone loss was found in the following factors: jaws, type of prostheses, type of opposing dentition, and submerged /non-submerged implants (P<0.05). Conclusion: On the basis of these results, the factors influencing marginal bone loss were gender, type of edentulism, and location in the arch, while the factors such as arch, type of prostheses, type of opposing dentition, submerged / non- submerged implants had no significant effect on bone loss. In the present study, the cumulative survival rate of the $Neoplan^{(R)}$ implant with a sandblasted and acid-etched surface was 97.9% up to a maximum 57-month period. Further long-term investigations for this type of implant system and evaluation of other various domestic implant systems are needed in future studies.

Efficient Topic Modeling by Mapping Global and Local Topics (전역 토픽의 지역 매핑을 통한 효율적 토픽 모델링 방안)

  • Choi, Hochang;Kim, Namgyu
    • Journal of Intelligence and Information Systems
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    • v.23 no.3
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    • pp.69-94
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    • 2017
  • Recently, increase of demand for big data analysis has been driving the vigorous development of related technologies and tools. In addition, development of IT and increased penetration rate of smart devices are producing a large amount of data. According to this phenomenon, data analysis technology is rapidly becoming popular. Also, attempts to acquire insights through data analysis have been continuously increasing. It means that the big data analysis will be more important in various industries for the foreseeable future. Big data analysis is generally performed by a small number of experts and delivered to each demander of analysis. However, increase of interest about big data analysis arouses activation of computer programming education and development of many programs for data analysis. Accordingly, the entry barriers of big data analysis are gradually lowering and data analysis technology being spread out. As the result, big data analysis is expected to be performed by demanders of analysis themselves. Along with this, interest about various unstructured data is continually increasing. Especially, a lot of attention is focused on using text data. Emergence of new platforms and techniques using the web bring about mass production of text data and active attempt to analyze text data. Furthermore, result of text analysis has been utilized in various fields. Text mining is a concept that embraces various theories and techniques for text analysis. Many text mining techniques are utilized in this field for various research purposes, topic modeling is one of the most widely used and studied. Topic modeling is a technique that extracts the major issues from a lot of documents, identifies the documents that correspond to each issue and provides identified documents as a cluster. It is evaluated as a very useful technique in that reflect the semantic elements of the document. Traditional topic modeling is based on the distribution of key terms across the entire document. Thus, it is essential to analyze the entire document at once to identify topic of each document. This condition causes a long time in analysis process when topic modeling is applied to a lot of documents. In addition, it has a scalability problem that is an exponential increase in the processing time with the increase of analysis objects. This problem is particularly noticeable when the documents are distributed across multiple systems or regions. To overcome these problems, divide and conquer approach can be applied to topic modeling. It means dividing a large number of documents into sub-units and deriving topics through repetition of topic modeling to each unit. This method can be used for topic modeling on a large number of documents with limited system resources, and can improve processing speed of topic modeling. It also can significantly reduce analysis time and cost through ability to analyze documents in each location or place without combining analysis object documents. However, despite many advantages, this method has two major problems. First, the relationship between local topics derived from each unit and global topics derived from entire document is unclear. It means that in each document, local topics can be identified, but global topics cannot be identified. Second, a method for measuring the accuracy of the proposed methodology should be established. That is to say, assuming that global topic is ideal answer, the difference in a local topic on a global topic needs to be measured. By those difficulties, the study in this method is not performed sufficiently, compare with other studies dealing with topic modeling. In this paper, we propose a topic modeling approach to solve the above two problems. First of all, we divide the entire document cluster(Global set) into sub-clusters(Local set), and generate the reduced entire document cluster(RGS, Reduced global set) that consist of delegated documents extracted from each local set. We try to solve the first problem by mapping RGS topics and local topics. Along with this, we verify the accuracy of the proposed methodology by detecting documents, whether to be discerned as the same topic at result of global and local set. Using 24,000 news articles, we conduct experiments to evaluate practical applicability of the proposed methodology. In addition, through additional experiment, we confirmed that the proposed methodology can provide similar results to the entire topic modeling. We also proposed a reasonable method for comparing the result of both methods.

Directions of Implementing Documentation Strategies for Local Regions (지역 기록화를 위한 도큐멘테이션 전략의 적용)

  • Seol, Moon-Won
    • The Korean Journal of Archival Studies
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    • no.26
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    • pp.103-149
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    • 2010
  • Documentation strategy has been experimented in various subject areas and local regions since late 1980's when it was proposed as archival appraisal and selection methods by archival communities in the United States. Though it was criticized to be too ideal, it needs to shed new light on the potentialities of the strategy for documenting local regions in digital environment. The purpose of this study is to analyse the implementation issues of documentation strategy and to suggest the directions for documenting local regions of Korea through the application of the strategy. The documentation strategy which was developed more than twenty years ago in mostly western countries gives us some implications for documenting local regions even in current digital environments. They are as follows; Firstly, documentation strategy can enhance the value of archivists as well as archives in local regions because archivist should be active shaper of history rather than passive receiver of archives according to the strategy. It can also be a solution for overcoming poor conditions of local archives management in Korea. Secondly, the strategy can encourage cooperation between collecting institutions including museums, libraries, archives, cultural centers, history institutions, etc. in each local region. In the networked environment the cooperation can be achieved more effectively than in traditional environment where the heavy workload of cooperative institutions is needed. Thirdly, the strategy can facilitate solidarity of various groups in local region. According to the analysis of the strategy projects, it is essential to collect their knowledge, passion, and enthusiasm of related groups to effectively implement the strategy. It can also provide a methodology for minor groups of society to document their memories. This study suggests the directions of documenting local regions in consideration of current archival infrastructure of Korean as follows; Firstly, very selective and intensive documentation should be pursued rather than comprehensive one for documenting local regions. Though it is a very political problem to decide what subject has priority for documentation, interests of local community members as well as professional groups should be considered in the decision-making process seriously. Secondly, it is effective to plan integrated representation of local history in the distributed custody of local archives. It would be desirable to implement archival gateway for integrated search and representation of local archives regardless of the location of archives. Thirdly, it is necessary to try digital documentation using Web 2.0 technologies. Documentation strategy as the methodology of selecting and acquiring archives can not avoid subjectivity and prejudices of appraiser completely. To mitigate the problems, open documentation system should be prepared for reflecting different interests of different groups. Fourth, it is desirable to apply a conspectus model used in cooperative collection management of libraries to document local regions digitally. Conspectus can show existing documentation strength and future documentation intensity for each participating institution. Using this, documentation level of each subject area can be set up cooperatively and effectively in the local regions.

Animal Infectious Diseases Prevention through Big Data and Deep Learning (빅데이터와 딥러닝을 활용한 동물 감염병 확산 차단)

  • Kim, Sung Hyun;Choi, Joon Ki;Kim, Jae Seok;Jang, Ah Reum;Lee, Jae Ho;Cha, Kyung Jin;Lee, Sang Won
    • Journal of Intelligence and Information Systems
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    • v.24 no.4
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    • pp.137-154
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    • 2018
  • Animal infectious diseases, such as avian influenza and foot and mouth disease, occur almost every year and cause huge economic and social damage to the country. In order to prevent this, the anti-quarantine authorities have tried various human and material endeavors, but the infectious diseases have continued to occur. Avian influenza is known to be developed in 1878 and it rose as a national issue due to its high lethality. Food and mouth disease is considered as most critical animal infectious disease internationally. In a nation where this disease has not been spread, food and mouth disease is recognized as economic disease or political disease because it restricts international trade by making it complex to import processed and non-processed live stock, and also quarantine is costly. In a society where whole nation is connected by zone of life, there is no way to prevent the spread of infectious disease fully. Hence, there is a need to be aware of occurrence of the disease and to take action before it is distributed. Epidemiological investigation on definite diagnosis target is implemented and measures are taken to prevent the spread of disease according to the investigation results, simultaneously with the confirmation of both human infectious disease and animal infectious disease. The foundation of epidemiological investigation is figuring out to where one has been, and whom he or she has met. In a data perspective, this can be defined as an action taken to predict the cause of disease outbreak, outbreak location, and future infection, by collecting and analyzing geographic data and relation data. Recently, an attempt has been made to develop a prediction model of infectious disease by using Big Data and deep learning technology, but there is no active research on model building studies and case reports. KT and the Ministry of Science and ICT have been carrying out big data projects since 2014 as part of national R &D projects to analyze and predict the route of livestock related vehicles. To prevent animal infectious diseases, the researchers first developed a prediction model based on a regression analysis using vehicle movement data. After that, more accurate prediction model was constructed using machine learning algorithms such as Logistic Regression, Lasso, Support Vector Machine and Random Forest. In particular, the prediction model for 2017 added the risk of diffusion to the facilities, and the performance of the model was improved by considering the hyper-parameters of the modeling in various ways. Confusion Matrix and ROC Curve show that the model constructed in 2017 is superior to the machine learning model. The difference between the2016 model and the 2017 model is that visiting information on facilities such as feed factory and slaughter house, and information on bird livestock, which was limited to chicken and duck but now expanded to goose and quail, has been used for analysis in the later model. In addition, an explanation of the results was added to help the authorities in making decisions and to establish a basis for persuading stakeholders in 2017. This study reports an animal infectious disease prevention system which is constructed on the basis of hazardous vehicle movement, farm and environment Big Data. The significance of this study is that it describes the evolution process of the prediction model using Big Data which is used in the field and the model is expected to be more complete if the form of viruses is put into consideration. This will contribute to data utilization and analysis model development in related field. In addition, we expect that the system constructed in this study will provide more preventive and effective prevention.

Principles of Space Resources Exploitation under International Law (국제법상 우주자원개발원칙)

  • Kim, Han-Teak
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.35-59
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    • 2018
  • Professor Bin Cheng said that outer space was res extra commercium, while the moon and the other celestial bodies were res nullius before the 1967 Outer Space Treaty(OST). However, Article 2 of the OST made the moon and other celestial bodies have the legal status as res extra commmercium, not appropriated by any country or private enterprises or individual person, but the resources there can be freely available, as those on the high seas. The non-appropriation principle was introduced to corpus juris spatialis internationalis. Whether or not the non-appropriation principle is binding for the non-parties of the OST, many scholars see this principle as an international customary law, even developing into jus cogens. Article 11(2) of the Moon Agreement(MA) reconfirms the nonappropriation principle of Article 2 of the OST, but it has much less effect than the OST because the MA binds only the 18 parties involved. The MA applies only to the moon and celestial bodies other than the Earth in the Solar System, the OST's application scope extends to the Galaxy because the OST has no such substantive enactment. As referred to in the 2015 CSLCA of USA or Luxembourg's Law of Space Resources, allowing individuals and enterprises run by other countries to commercially explore and utilize the space resources, the question may arise whether this violates the non-appropriation principle under Article 2 of the OST and Article 11 of the MA. In the case of the CSLCA, the law explicitly specifies that sovereignty, possessory rights, and judiciary rights to a specific celestial body cannot be claimed, let alone ownership. This author believes that this law respects the legal status of outer space and the celestial bodies as res extra commmercium. As long as any countries or private enterprises or individuals respect the non-appropriation principle of outer space and the celestial bodies, they could use, exploit it. Another question might be raised in the difference between res extra commercium on the high seas and res extra commercium in outer space and the celestial bodies. Collecting resources on the high seas and exploiting space resources should be interpreted differently. On the high seas, resources can be collected without any obstacles like fishing, whereas, in the case of the deep sea-bed area, the Common Heritage of Mankind principles under the UNCLOS should be operated by the International Seabed Authority as an international regime. The nature or form of the sea resources found on the high seas are thus different from that of space resources, which are fixed on the moon and the celestial bodies without water. Thus, if individuals or private enterprises collect these resources from outer space and the celestial bodies, they might secure a certain section and continue collecting or mining works without any limitation. If an American enterprise receives an approval from the U.S. government, secures the best location and collects resources on the moon, can other countries' enterprises access to this area? How large the exploiting place can be allotted on the moon? How long should such a exploiting activity be lasted? Under the current international space law, these matters might be handled according to the principle of "first come, first served." As a consequence, the international community should provide a guideline or a proposal for the settlement of any foreseeable disputes during the space activity to solve plausible space legal questions in the near future.

Location and Construction Characteristics of Imdaejeong Wonlim based on Documentation (기문(記文)을 중심으로 고찰한 임대정원림(臨對亭園林)의 입지 및 조영 특성)

  • Rho, Jae-Hyun;Park, Tae-Hee;Shin, Sang-Sup;Kim, Hyoun-Wuk
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.4
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    • pp.14-26
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    • 2011
  • Imdaejeong Wonlim is located on the verge of Sangsa Village in Sapyeong-ri, Daepyeong-myeon, Hwasun-gun Gyeongsangnam-do toward Northwest. It was planned by Sa-ae, Minjuhyeon in 1862 on the basis of Gobanwon built by Nam Eongi in 16th century against the backdrop of Mt. Bongjeong and facing Sapyeong Stream. As water flows from west to east in the shape of crane, this area is a propitious site standing for prosperity and happiness. This area shows a distinct feature of Wonlim surrounding the Imdaejeong with multi layers as consisting of 5 districts - front yard where landmark stone with engraved letters of 'Janggujiso of Master Sa-ea' and junipers are harmoniously arranged, internal garden of upper pavilion ranging from a pavilion to square pond with a little island in the middle, Sugyeongwon of under pavilionu consisting of 2 ponds with a painting of three taoist hermits, forest of Mt. Bonggeong and external garden including Sapyeong Stream and farmland. According to documentation and the results of on-site investigation, it is certainly proved that Imdaejeong Wonlim was motivated by Byeoseo Wonlim which realized the idea of 'going back to hometown after resignation' following the motives of Janggujiso, a hideout aimed to accomplish the ideology, 'training mind and fostering innate nature,' on the peaceful site surrounded by water and mountain, as well as motives of Sesimcheo(洗心處) to be unified with morality of Mother Nature, etc. In addition, it implies various imaginary landscapes such as Pihangji, Eupcheongdang, square pond with an island and painting of three Taoist hermits based on a notion that 'the further scent flies away, the fresher it becomes,' which is originated from Aelyeonseol(愛蓮說). In terms of technique of natural landscape treatment, divers techniques are found in Imdaejeong Wonlim such as distant view of Mt. Bongjeong, pulling view with an intention of transparent beauty of moonlight, circle view of natural and cultural sceneries on every side, borrowed scenary of pastoral rural life adopted as an opposite view, looked view of Sulyundaero, over looked view of pond, static view in pavilion and paths, close view of water space such as stream and pond, mushroom-and-umbrella like view of Imdaejeong, vista of pond surrounded by willows, imaginary view of engraved letters meaning 'widen knowledge by studying objectives' and selected view to comprise sunrise and sunset at the same time. In the beginning of construction, various plants seemed to be planted, albeit different from now, such as Ginkgo biloba, Phyllostachys spp., Salix spp., Pinus densiflora, Abies holophylla, Morus bombycis, Juglans mandschurica, Paulownia coreana, Prunus mume, Nelumbo nucifera, etc. Generally, it reflected dignity of Confucianism or beared aspect of semantic landscape implying Taoist taste and idea of Phoenix wishing a prosperity in the future. Furthermore, a diversity of planting methods were pursued for such as liner planting for the periphery of pond, bosquet planting and circle planting adopted around the pavilion, spot planting using green trees, solitary planting of monumentally planted Paulownia coreana and opposite planting presenting the Abies holophylla into yin and yang.

A Study on the Characteristics of Stream Flow Path and Water System Distribution in Gugok Garden, Korea (한국 구곡원림(九曲園林)의 하천 유로 및 수계별 분포 특성)

  • Rho, Jae-Hyun;Choi, Young-Hyun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.39 no.4
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    • pp.50-65
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    • 2021
  • In this study, the water flow system by measuring the flow-way type and distance of flow path that composes the Gugok through literature survey, field survey, and map work on Gugok gardens in Korea whose existence has been confirmed, while investigating and analyzing watersheds, river orders, and river grades. It was intended to reveal the watershed distribution and stream morphological characteristics of the Gugok gardens and to use them as basic data for future enjoyment and conservation of the Gugok gardens. The conclusion of the study is as follows. First, Of the 93 Gugok gardens that have been confirmed to exist, it was found that 11 places(11.8%) were found to have a descending(top-down) type of Gugok that develops while descending along a stream. Second, As a result of analysis of the length of the flow path for each valley, Okryudonggugok(玉流洞九曲, Namsan-gugok) in Gimcheon, Gyeongsangbuk-do was found to have the shortest length of 0.44km among the surveyed valleys, while the flow distance of Muheulgugok(武屹九曲) located in Seongju-gun and Gimcheon-si, Gyeongsangbuk-do was 31.1km, showing the longest flowing distance. The average flow path length of the Gugok Garden in Korea was 6.24km, and the standard deviation was 4.63km, indicating that the deviation between the 'curved type'e and the 'valley type' was severe. In addition, 14(15.1%) Gugok gardens were found to be partially submerged due to dam construction. Third, As a result of analyzing the waters area where Gugok garden is located, the number of Nakdong river basins was much higher at 52 sites(55.9%), followed by the Hangang river basin at 27 sites(28.7%), the Geum river basin at 9 sites(9.7%), and the Yeongsan river and Seomjin river basins at 5(5.4%). Fourth, All Gugok gardens located in the Han river region were classified as the Han river system, and the Gugok garden located on the Nakdong river was classified as the main Nakdong river system, except for 7 places including 5 places in the Nakdong Gangnam Sea water system and 2 places in the Nakdong Gangdong sea water system. As a result of synthesizing the river order of the flow path where Gugok garden is located, Gugok, which uses the main stream as the base of Gugok, is 3 places in the Hangang water system, 5 places in the Nakdong river system, 2 places in the Geumgang water system, and 1 place in the Yeongsangam/Seomjin river system. A total of 11 locations(11.5%) were found, including 36 locations(38.2%) in the first branch, 29 locations(31.2%) in the second branch, and 16 locations(17.0%) in the third branch. And Gugok garden, located on the 4th tributary, was found to be Taehwa Five-gok(太華五曲) set in Yonghwacheon Stream in Cheorwon in the Han river system, and Hoenggyegok(橫溪九曲) in Yeongcheon Hoenggye Stream in the Nakdong river system. Fifth, As a result of the river grade analysis of the rivers located in the Gugok garden Forest, the grades of the rivers located in the Gugok garden were 13 national rivers(14.0%), 7 local first-class rivers(7.5%), and 74 local second-class rivers(78.5%) was shown.

The Process of Establishing a Japanese-style Garden and Embodying Identity in Modern Japan (일본 근대 시기 일본풍 정원의 확립과정과 정체성 구현)

  • An, Joon-Young;Jun, Da-Seul
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.41 no.3
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    • pp.59-66
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    • 2023
  • This study attempts to examine the process of establishing a Japanese-style garden in the modern period through the perspectives of garden designers, spatial composition, spatial components, and materials used in their works, and to use it as data for embodying the identity of Korean garden. The results are as follows: First, by incorporating elements associated with Koreanness into the modern garden culture, there are differences in location, presence, and subjectivity when compared to Japan. This reflects Japan's relatively seamless cultural continuity compared to Korea's cultural disconnection during the modern period. Second, prior to the modern period, Japan's garden culture spread and continued to develop throughout the country without significant interruptions. However, during the modern period, the Meiji government promoted the policy of 'civilization and enlightenment (Bunmei-kaika, 文明開化)' and introduced advanced European and American civilizations, leading to the popularity of Western-style architectural techniques. Unfortunately, the rapid introduction of Western culture caused the traditional Japanese culture to be overshadowed. In 1879, British architect Josiah Condor guided Japanese architects and introduced atelier and traditional designs of Japanese gardens into the design. The garden style of Ogawa Jihei VII, a garden designer in Kyoto during the Meiji and Taisho periods, was accepted by influential political and business leaders who sought to preserve Japan's traditional culture. And a protection system of garden was established through the preparation of various laws and regulations. Third, as a comprehensive analysis of Japanese modern gardens, the examination of garden designers, Japanese components, materials, elements, and the Japanese-style showed that Yamagata Aritomo, Ogawa Jihei VII, and Mirei Shigemori were representative garden designers who preserved the Japanese-style in their gardens. They introduced features such as the creation of a Daejicheon(大池泉) garden, which involves a large pond on a spacious land, as well as the naturalistic borrowed scenery method and water flow. Key components of Japanese-style gardens include the use of turf, winding garden paths, and the variation of plant species. Fourth, an analysis of the Japanese-style elements in the target sites revealed that the use of flowing water had the highest occurrence at 47.06% among the individual elements of spatial composition. Daejicheon and naturalistic borrowed scenery were also shown. The use of turf and winding paths were at 65.88% and 78.82%, respectively. The alteration of tree species was relatively less common at 28.24% compared to the application of turf or winding paths. Fifth, it is essential to discover more gardens from the modern period and meticulously document the creators or owners of the gardens, the spatial composition, spatial components, and materials used. This information will be invaluable in uncovering the identity of our own gardens. This study was conducted based on the analysis of the process of establishing the Japanese-style during Japan's modern period, utilizing examples of garden designers and gardens. While this study has limitations, such as the absence of in-depth research and more case studies or specific techniques, it sets the stage for future exploration.

The Legal Theory on the Civil Execution against Aircraft (항공기 집행에 관한 법리)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.83-153
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    • 2015
  • As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.