• Journal of Legislation Research
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• 제55호
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• Korean Journal of Heritage: History & Science
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• 제53권4호
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• pp.78-99
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• 2020

The Buddha triad and 16 Arhat statues carved on the rock surface at Seongbulsa temple is the only domestic remaining example of all 16 Arhats, so its academic value is very high. However, it is severely damaged and so required a stability evaluation through study of digital documentation and precise diagnosis for the purpose of comprehensive conservation. This process established that the Buddha statues were of similar scale, while the Arhats showed a wide variety of sizes, and the two kith and kin in the volume were larger than the Arhats. It was estimated that the statues of food for Buddha are similar to the Arhat statues, and most of the statues are well-formed. The rock used to carve the Buddha statues is banded gneiss with distinct foliation, alternating between white bands of quartz and feldspar and black bands composed of biotite. The Buddha statues have been damaged by physical weathering, discoloration, and biological contamination. In damage evaluations, joint (3.6 crack index), peeling (5.2%), exfoliation (1.7%), and falling off (0.1%) were observed on the rock surface of the Buddha statues. In particular, due to severe biological weathering, stage 9 and 10 biological coverage of the rock surface accounted for 57.5% of the total area, and stages 5 to 8 also accounted for a high share at 22.3%. The discoloration factors were shown to be dark brown and white with Fe, Ca, and S, and a large amount of C detected in the blackened contaminants, and the damage weight high in all areas. Discontinuities in different directions were identified in the rock surface. Analysis of potential rock failure types indicated that there is a possibility of plane and toppling failure, but wedge failure is unlikely to occur. The mean ultrasonic velocity of the main rock surface was 2,463m/sec, the lower part of the left side with a large number of joints was relatively low, and the highly weathered (HW) type to the completely weathered (CW) type concentrated distribution, showing weak properties. For the Buddha statues, conservation treatment is required for about 14.9% of micro cracks and 58.9% of exfoliation cracks. In addition, in order to improve the conservation environment of the Buddha statues, maintenance of drainage and ground preparations for the rock surface gradient and plants are necessary, and protection facilities should be reviewed for long-term conservation and management purposes.