• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• Journal of the Korean Institute of Navigation
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• v.19 no.2
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• pp.77-97
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• 1995

The protection of the marine environment is one of the main international legal problems in recent years. In parallel with the industrial development, a great quantity of chemical materials were used and in consequence, mass transportation of oil and other dangerous materials was required on the one hand, and discharge of industrial wasters drew also the attention on the other hand. Furthermore, oil tankers accidents, mass use of nuclear materials, sea-bed exploration and exploitation stimulated further deep human concern on the marine environment. The expansion of international concern to new and more dangerous sources of marine pollution regarded more strict and legal control on the Oil Tanker(DWT 95, 000tons, Cb=0.805) model. Calculation results are compared to the international, especially regional level. In particular, this study is concerned with the preservation of the Northeast Asian Seas surrounded by Japan, the Russian Far East, South Korea, North Korea, China and Taiwan. These adjacent countries must intensify cooperation regarding the prevention, reduction and control of the contamination of the sea. And this cooperation between the States concerned should, as much as possible, be aimed at maximizing the effectiveness of measures to prevent or abate transboundary environmental pollution. To achieve this purpose, States concerned should be imposed upon duties such as duty to assess the environmental impact, duty to inform, duty to consult and duty to assist on the basis of general principle of international law, international customary law and other various resolutions of international bodies. Depending on the nature and extent of actual or potential transboundary pollution with the use of a natural resource or the environment in general the establishment of some form of institutionalized cooperation between the States concerned may become useful or indispensable. The functions of this Organization are, inter alia, to keep the implementation of the Convention and the protocals under continuous observation, to make recommendations on regional or sub-regional rules and standards to be elaborated and on measures to be taken by the Contracting Parties, to be notified of any grave and imminent danger from pollution or threat of pollution by the Contracting Parties and to promote in close cooperation with appropriate governmental bodies additional measures to protect the marine environment of the Northeast Asian Seas, and so on. Above mentioned countries, first of all, are located within the Northeast Asian Seas geographically and, therefore, take responsibilities of preserving the clean sea against marine interferences regardless of any difference of the social, political and economic systems. They must be followed under the UNCLOS and other marine conventions. Under the present circumstances, Northeast Asian Seas will become dead seas in case that there is no instant and prompt action against pollution. Hence we have an absolute obligation to promote the development of the mandatory international environmental law, which in turn can faciliate more effective implementation of the regional cooperation by the neighbouring states within this area.

• Korean Journal of Legislative Studies
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• v.23 no.2
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• pp.67-108
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• 2017

How well citizens are represented by their representatives holds critical importance in representative democracy. While previous studies of ideological congruence have largely focused on Western established democracies, there was not as much attention paid to young democracies including, South Korea. This article investigates ideological congruence in South Korea based on multiple survey data sources collected from 2002 to 2016. When it comes to unidimensional Left-Right ideology, the distance between citizens and governments, unlike its citizen-assembly counterpart, has widened since 2000 sending a negative signal to the norm of representative democracy. As to multidimensional issue positions, however, it turns out that ideological congruence in South Korea has varied along issues such as aids to North Korea and Welfare spending. These results provide both citizens and parties with some important implications. For citizens, they are required to distinguish which party or candidate is more representative of the issue they value the most beyond a simple Left-Right line; for parties, they are required to deal with how to represent their supporters as well as today's increasing independents by strengthening their organizational capacity and providing effective party programs.

• Analyses & Alternatives
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• v.5 no.1
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• pp.87-121
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• 2021

Since 2012, Prime Minister Shinzo Abe'sadministration began to promote women's participation and advancement in the workplace and established the Act on the Promotion of Female Participation and Career Advancement in the Workplace (the Act) in 2015. Some criticize this Act as a way to utilize women for economic development and to deal with the shrinking working population. In contrast, others point out that it is a law that can be beneficial for women. As such, this Act serves as an interesting case of a women's policy promoted by a conservative government. This paper's objective is to shed light on if and how women are substantively represented in the Diet members' statements made during the legislative debate of the bill on the Promotion of Female Participation and Career Advancement in the Workplace between 2014 and 2015. This paper asks two research questions. First, based on the mixed evaluation of the Act made in the studies about the Abe administration's women's policies, this research asks if the Diet members speak of women as resources to use for other economic and social goals or if women are substantively represented. Second, drawing insights from the literature on women's substantive representation, this research asks how Diet members speak for women. Particularly, based on the studies on conservatism and substantive representation of women, this question seeks to determine if Diet members engage in the conservative representation of women, taking women's roles as mothers and wives who provide care for children, husbands, and elders at home for granted. The results of the analysis demonstrate that the number of statements that explicitly claimed to use women was small. Second, while some Diet members of conservative political parties engaged in the conservative representation of women, there were more instances of non-conservative representation, in which a variety of types of women were represented. These findings reveal that even when the conservative government's intention to submit the bill was to utilize women rather than acting for women, Diet members could speak for various types of women and engage in the non-conservative representation of women. The findings also imply the importance of paying attention to formal and informal legislative deliberation rules to figure out how women's substantive representation can occur under a conservative government and in a legislature dominated by conservative parties.

• Korean journal of communication and information
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• v.16
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• pp.168-206
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• 2001

This study attempts to examine the relationships between the major market-based media and the government after closing military regime era, 1961-1987. After the military regime was collapsed, while the mass media in Korea obtained independence and autonomy from government, they have been confronted with the terrible competition not so much comparatively as before. The watchdog role in the traditional liberalism, which is regarded as normative relationship between the media and the government would be transformed in accordance with the market condition and the maturity of democracy. Thus, the watchdog metaphor has been variously deviated in rower-centered society; lap dog, guard dog, attack dog. liberalists argue that the primary democratic role of the media is to art as a public watchdog overseeing the state. Social democrats, however, criticize them as simplistic conception which could be only applied to the government. They argue that the media should be seen as a source of redress against the abuse of all forms of power over others; the home, the economy, and the civil society. The lap dog view is that the media is overwhelmingly dependent on the established power structure contrary to the watchdog. While the guard dog perspective is a means to preserve the power structure alarming with playing 'conflict role', the attack do8 aims to the private interest of the media in intruding into the politics. The attack dog perspective by T. Patterson could be composed of the interpretive style of report, the game schema report over the policy schema in the election, and the negativism against politics and government. The market-dominant press has been likely to transform from lap-guard dog into attack-guard dog. In Roh Tae Woo government(1988-1992), while the press was a lessened lap-guard dog before three parties merger in 1990, after merger the press had been transformed as the reinforced lap-guard dog because this merger entailed joint, party-to-party negotiations, and the formation of the new party preceded by dissolution of the ruling blot. In the early stage of Kim Young Sam government(1993-1997), the press has kept in pace with the reform movement drive-forced by the government. However, the press withdrew the support of Kim's reform in reaching the level of threat to ruling bloc. The press coalesced only circumstantially with government and was interested in preserving some margin of independence. The failure of Kim's reform proved the political muscle of the press in post-autho-ritarianism. In the middle stage of Kim Dae Jung government (1998-) that resulted in the shift of power structure as once-opposition party leader, the stress has been a manifested attack-guard dog owing to the anti-cold war policy, the realignment policy of power, and the minority-base of Kim's government. The press has endeavored to hold political communication within limits relatively less threatening to the established order.

• Journal of Science and Technology Studies
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• v.12 no.1
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• pp.107-144
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• 2012

Recently concerns on the energy future are rising in Korea after nuclear disaster of Fukushima in Japan last year. However, even after Fukushima disaster Korean government keeps on insisting nuclear oriented energy policy. Contrary to it, some of civil society's organizations(CSOs) including environment groups and progressive political parties are making strong voices for phase-out nuclear. As a way of phase-out nuclear activity researcher groups based on CSOs have presented several alternative energy scenarios against the official government scenario so that contest between the two senarios seems not to be avoided. This article aims to analyse the politics of expertise around energy scenarios in Korea by highlighting differences between two scenarios of government and CSOs in terms of epistemological and methodological base, value orientation, institutional foundation, and the socio-political contexts of scenarios. Our research shows that government's energy scenario is based on scientific-positivist epistemology, firm belief in value neutrality and forecasting method, and is built by neo-classical economists at government-sponsored research institutes in accordance with the 'Business As Usual' approach. In contrast, alternative scenarios of CSOs can be said to be based on epistemological constructivism, value oriented attitudes and backcasting method, and be built by collaboration of researchers and activists with different academic and social backgrounds after Fukushima nuclear disaster.

• The Korean Journal of Archival Studies
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• no.3
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• pp.3-32
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• 2001

In this paper, local public archives is referred to the public archives of provincial governments and metropolitan city governments as defined in the public Records Management Act. Under the Act, as professional archives, the local public archives preserves records designated as permanent preservation which the local government and its sub-agencies created or received to conduct public business. The Act also allows local public archives to establish an appropriate basic plan to manage its holdings as well as to oversight its sub-agencies. The Act stipulates that the local public archives are to be established in all provinces and metropolitan cities. The local public archives shall preserve archival heritage safely and utilize use of the recorded information as defined in the Article one of the Act. The local archives shall respect the principle of provenance. It is expected that the local archives shall strengthen local archival promotion campaigns which necessarily reflect unique local circumstances. However, as the Act just recommended the establishment of local public archives not to force as a mandatory procedure, it resulted in a flow of some confusions and misinterpretations. Despite the act was proclaimed two years ago, the local public archives are not yet established, not to mention that no preparatory works are on the way. To establish the local public archives effectively which meet local residents needs and demands, provincial governments and metropolitan city governments should proceed a well-prepared preparatory works plan considering the steps to transform them into the local public archives when they establish agency records centers. The first step in this process is to reach at a common consensus on the functions and roles of the local public archives which accommodates local residents needs and demands. Secondly, by analyzing the functions of archives to be established, an estimation of needed human resources, facilities, equipments, organization, budget appropriation, and local rules should be performed. Otherwise, the establishment of decent local archives is a far remote future. One of the methods to proceed this project systematically is to establish a local research institute for the local archives and cultural studies which would be put under the local university authority while consulting with local governments, local civil organizations, local historical and cultural societies. It is very undesirable to stress too much upon administrative efficiency when concerned parties discuss the functions and roles of the local public archives. They must keep in mind that when the functions to collect and use historically valuable records are active then administrative efficiency can be raised as well as accountability. Collecting and arranging historically valuable records is a short-cut way to promote accountability and develop local political culture. The local public archives is a valuable community historical center and an effective medium to facilitate historical speaking and writing among local people, something more than a simple public archives. Then our campaign for the establishment of local public archives can be a meaningful political cultural movement.

• Korean Journal of Legislative Studies
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• v.24 no.1
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• pp.5-29
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• 2018

This paper aims at making an assessment about the first year of the Moon Jae-in government. President Moon was elected amid political insecurity over the impeachment of then-president Park Geun-hye. However, the Moon administration settled in fairly smoothly despite no transition period of presidential power. Political and economic stability was soon restored, and the tensions between the US and North Korea over the North's nuclear weapons program were, to some extent, managed along with the agreement of the North-South summit and the US-North Korea summit. Pyeongchang hosted the 2018 winter olympics and paralympics successfully. Moon continued very positive approval ratings of higher than 70%. However, he has something to be desired. His leadership seems to rely heavily on a limited number of close staff in the Blue House, alienating the governing the Minjoo Party of Korea. He should build better relationship with opposition parties particularly given a divided government. Rectification of the lingering negative practices should also produce institutional solutions. Above all, Moon should carefully watch out to prevent scandals over corruption and power abuse around him and his family, which would lead to a precipitous decline of the approval ratings and the abrupt weakening of the leadership.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.41-65
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• 2010

It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. For the promotion of fair and free competition, it is increasingly wide-ranging antitrust legislation across the world. It is matter for debate what can an arbitral tribunal do when confronted with an allegation that the contract under which the arbitration is brought is itself an illegal restraint of trade or in some other way a breach of antitrust law. The underlying question is how to accommodate the conflicting congressional policies favoring resolution of private controversies by arbitration and encouraging private suits to protect the public interests served by the antitrust laws. It is necessary to inquire into the arbitrability of antitrust issues on case-by-case basis, because the types of them are quite diverse. If antitrust issues are the dispute in private laws and the contracting parties agreed to submit to arbitration disputes which have arisen or which may arise between them in the antitrust issues, the antitrust disputes are arbitrable. Not only international antitrust disputes but also domestic antitrust disputes are capable of being resolved by arbitration. When the public interests in the enforcement of antitrust legislation are asserted, it is possible to justify the annulment or the refusal of the recognition or the enforcement of an arbitral award that ignores public policy as a matter of it.

• Journal of Arbitration Studies
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• v.30 no.3
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• pp.47-66
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• 2020

Due to the division of China's departmental laws, the disconnect between theory and practice, and the influence of traditional academic thinking on the understanding of the knowledge structure of arbitration legal talents in practice, the construction of law school colleges, teaching teams, and research centers mostly revolves around departmental laws, tearing the connection of the arbitration legal system. The student-centered, process-guaranteed, and result-oriented arbitration master of law training model is "virtualized," the shaping of arbitration professionalism is ignored, the coverage of practical teaching is narrowed, and the arbitration legal profession is mostly formalized. The prevalence of specialized curriculum systems shortage, single faculty, formalized practical teaching, outdated curriculum settings, unsuitable curriculum system design for development, and inaccurate professional curriculum standards and positioning renders it difficult to integrate the "Belt and Road." The cutting-edge, the latest research results, and practical experience cannot reflect the connotation, goals, and requirements of "Entrepreneurship" education, as well as arbitral issues such as the ineffective monitoring of practical education and the inconsistent evaluation of standards and scales. Under the background of the "Belt and Road," based on system theory and practice and through training goals that innovate and initiate organizational form, activity content, management characteristics, assessment and support conditions, etc., the arbitration law teaching curriculum system is gradually improved and integrated. Through the establishment of a "Belt and Road" arbitration case file database and other measures, a complete arbitration law theory and practice teaching guarantee system has been established. Third parties are introduced, arbitration law experimental modules are developed, students are guided how to discover new knowledge, new contents are mastered, solidarity, cooperation, and problem-solving capabilities are cultivated in the practice of the "Belt and Road," and quality education, vocational education, and innovation education are organically integrated. In order to implement the requirements of arbitration law education, innovation development and collaborative management of arbitration law teaching practice base should be cultivated, thus giving full play to the effect of collaborative education between universities and arbitration institutions.