주거단지내 커뮤니티시설의 특성 비교: 중국 청도시 및 한국 서울시를 대상으로

섭지주(Nie, Zhi-zhou),최정민(Choi, Jung-min) 한국주거학회 2019 한국주거학회 학술대회논문집 Vol.31 No.2

This study tried to compare the types and sizes of community facilities in the apartment based on the differences between China and South Korea. Through this comparison, we could grasp the development trend of community facilities in the two countries. For this study, 5 medium-sized residential communities(500-1000 households) which were built in the last ten years were selected for site investigation and analysis in Qingdao, China and Seoul, South Korea. In Qingdao, China, a questionnaire survey was conducted on 100 residents (500 in total) of the selected 5 communities. For the analysis results, there are 7 types of community facilities were built in the community of Seoul but only 6 types in Qingdao. In particular, according to the relevant laws of community facilities in Seoul, the size of each community facility is determined by the number of households. Whereas in Qingdao, the size is determined by the number of household residents.

空間活動保險法律問題及中國狀況:基於空間商業化最新發展的分析

섭명암 ( Mingyan Nie ) 한국항공우주정책·법학회(구 한국항공우주법학회) 2017 한국항공우주정책·법학회지 Vol.32 No.1

空間活動保險可以簡單的總結爲衛星保險、宇航員保險以及空間活動第三方責任險三種類型。在空間商業化尤其是空間私營化快速發展的大背景下,現有的有關空間活動保險的國際和國內法律制度面臨著挑戰。作爲一個正在加大力度發展本國空間商業活動的空間大國,中國的有關空間保險的法律規定値得討論。 現階段,有關衛星保險的制度發展良好,相關保險公司有能力爲衛星提供“發射前保險”,“發射階段保險”以及“衛星在軌保險”。中國於1997年成立的“中國航天保險聯合體”則致力於爲中國衛星發射提供保險。但是,隨著越來越多的私營實體參與到空間以及衛星工業活動之中,有必要對在“中國航天保險聯合體”?架下建立的諸多制度進行相應的調整。同時,應該進一步加强保險經紀人在私人空間及衛星活動中的作用。 宇航員被視爲人類派往外空的使者,幷且相關的國際法律規範中已經明確確定了宇航員的法律地位幷且要求各締約國對於處在緊急狀況下的宇航員予以必要的協助。從國內法的角度看,相關政府會爲宇航員購買全額保險。中國人壽保險公司爲宇航員創設了特種類型的“宇航員團體保險”,在不同時段爲宇航員提供階梯式保額。但是,値得注意的是,一旦外空旅遊發展爲一個産業,則有必要關注專門針對外空遊客的保險制度。爲了促進中國國內外空旅遊業的發展,建議將中國人壽保險公司創制的“宇航員團體保險”作爲一個可選模式提供給外空遊客。尤其是如果這些遊客是政府擁有的外空旅遊公司的客戶的情形下。而當私人實體開始參與提供軌道包括亞軌道旅遊服務,則需要重新考慮制定相應的有關外空遊客的保險制度。 一般而言,獲得一分第三方責任保險是申請人獲得空間物體發射許可證的必要條件。國內法中也會規定空間物體發射許可證申請人購買第三方責任險的義務。 中國2002年“民用航天發射項目許可證管理暫行辦法”意識到了第三方責任險的重要意義,規定許可證持有人在相應空間發射項目進入發射場之前購買第三方責任保險。這一規定與許多國家的做法存在差異。考慮到中國是亞洲地區唯一一個政府間空間合作組織,卽亞太空間合作組織的東道國,爲了促進未來的商業空間合作,有必要考慮對不同國家國內空間法進行協調的問題。 Insurances of space activities are divided into satellite insurance, astronaut insurance and third party liability insurance. Against the background of the rapid development of space commercialization, especially the increasing participation of private entities in space affairs, the present international and domestic mechanisms of space insurance are challenged. As a space-faring state which is in the process of developing space businesses, the regulations of space insurance in China are deserved to be discussed. Satellites insurance is at present well-developed, the “pre-launch”, “launch” and “in-orbit” phases of satellites are all possible to be insured by related companies. China created the CAIA in 1997 to provide insurance for Chinese satellites. However, with more private entities start to involve in space as well as satellite industry, the regime established under the framework of CAIA is necessary to be modified, and the mechanism relating to space insurance brokers should be promoted. The astronauts are recognized as the envoy of humankind, and relevant international regulations are made to provide assistance to them in emergency circumstances. From the domestic perspective, astronauts will be fully insured. China creates a particular type of insurance for astronauts. However, once space tourism becomes a business, the insurance of the tourist will be demanded to be created. In order to promote China`s space tourism, it is recommended to take the “Astronaut Group Insurance” as an optional model to space tourists, if the tourists are customers of a governmental-owned space company. Once private involvement of providing orbital/suborbital tourism service becomes a reality, new rules are required. Getting a third party liability insurance is deemed as an indispensable precondition for an applicant to get a launch permission. Domestic space laws will include Insurances of space activities are divided into satellite insurance, astronaut insurance and third party liability insurance. Against the background of the rapid development of space commercialization, especially the increasing participation of private entities in space affairs, the present international and domestic mechanisms of space insurance are challenged. As a space-faring state which is in the process of developing space businesses, the regulations of space insurance in China are deserved to be discussed. Satellites insurance is at present well-developed, the “pre-launch”, “launch” and “in-orbit” phases of satellites are all possible to be insured by related companies. China created the CAIA in 1997 to provide insurance for Chinese satellites. However, with more private entities start to involve in space as well as satellite industry, the regime established under the framework of CAIA is necessary to be modified, and the mechanism relating to space insurance brokers should be promoted. The astronauts are recognized as the envoy of humankind, and relevant international regulations are made to provide assistance to them in emergency circumstances. From the domestic perspective, astronauts will be fully insured. China creates a particular type of insurance for astronauts. However, once space tourism becomes a business, the insurance of the tourist will be demanded to be created. In order to promote China`s space tourism, it is recommended to take the “Astronaut Group Insurance” as an optional model to space tourists, if the tourists are customers of a governmental-owned space company. Once private involvement of providing orbital/suborbital tourism service becomes a reality, new rules are required. Getting a third party liability insurance is deemed as an indispensable precondition for an applicant to get a launch permission. Domestic space laws will include provisions for the third party liability insurance. China`s “Interim Measures” of 2002 realizes the importance of third party liability insurance and requires the permit holder to get it before entering the launching site. This regulation is different from the practices of other states. Concerning that China is the sponsor of APSCO, for the purpose of promoting commercial space cooperation, a harmonized approach to domestic law is recommended to be found.provisions for the third party liability insurance. China`s “Interim Measures” of 2002 realizes the importance of third party liability insurance and requires the permit holder to get it before entering the launching site. This regulation is different from the practices of other states. Concerning that China is the sponsor of APSCO, for the purpose of promoting commercial space cooperation, a harmonized approach to domestic law is recommended to be found.

汉晋道德风气演变及其现代启示

섭제동 영남대학교 민족문화연구소 2009 민족문화논총 Vol.43 No.-

东汉时期经学昌盛,道德之风劲吹,社会呈现出彬彬而雅的风范。但在其中期以后,随着政治黑暗、道家复兴、察举失当等因素的冲击,士人头脑中的儒家一元价值体系逐渐解体,道德也随之出现了异化、衰变的现象。至西晋时,再加上玄学、玄风的推波助澜,道家道德日益喧嚣尘上,导致西晋士林儒家道德信仰崩溃,最终将西晋王朝迅速推向灭亡境地。汉晋道德风气演变历程,向我们昭示了儒家道德象一把达摩克里斯利剑。一方面,儒家道德缺失会造成对社会稳定和谐的危害,另一方面,道德至上主义,又会危害社会理性,造成社会不公。当下我们既要关注提升公民个体的道德水准意识,维护社会和谐;同时也不可拔高道德的功能。

現代化進程中的"后發展"問題

섭금방 한중사회과학학회 2004 한중사회과학연구 Vol.3 No.-

중국전통희극적예술특징

섭장해 한국중국희곡학회 1997 중국희곡 Vol.5 No.1

當代 중국 마르크스주의철학 연구의 회고와 전망

섭금방 서울대학교 동아문화연구소 2003 東亞文化 Vol.41 No.-

철학문체: 보다 연구가 필요한 중요분야

섭금방 ( Seob Geum Bang ) 한국철학사연구회 2003 한국 철학논집 Vol.13 No.-

韓國加入亞太空間合作組織的可能性: 基于法律與政策的分析

섭명암 ( Mingyan Nie ) 한국항공우주정책·법학회(구 한국항공우주법학회) 2016 한국항공우주정책·법학회지 Vol.31 No.2

亞太空間合作組織(以下簡稱亞空組織)是亞洲地區唯一一個政府間空間合作國際組織。自成立以來至今,八個國家簽署了“亞空組織公約”幷成爲成員國。作爲亞洲重要空間國家之一,韓國在亞空組織籌備階段曾積極參與各項工作,且主辦了一屆籌備會議。但自2005年“亞空組織公約”開放簽署至今,韓國尙未簽署公約成爲成員國。 空間活動商業化與私營化的快速發展及亞洲空間商業市場規模的迅速擴大爲亞洲國家在相關領域的空間合作創造了机會。亞洲國家(例如韓國)參與到已有的亞洲空間合作組織(例如亞空組織)開展合作,是一個合适的選擇。卽便開展實質性的空間合作仍是一個不小的挑戰,在起步階段,亞洲國家可以考慮共同開展應對區域公共性事務的空間項目。 由于亞空組織借鑒了歐空局的成功經驗,所以其公約中規定的諸多法律措施可以較好的保障不同成員國間的利益分配。擧例而言,公約規定的“投資返還”原則保障了成員國投資到相應項目中的資金按照比例予以返還。此外,公約對于“基本活動”和“任擇活動”的區分賦予了成員國選擇參加合作項目的自由。而在決議程序方面,公約采用的“全體一致”的方式有利于保障成員國的利益。 但是,阻碍韓國加入亞空組織的政治因素同樣无法忽略。近期韓國宣布在其境內部署“薩德”導彈防御系統導致了中韓之間的緊張關系,客觀上影響中韓之間的空間合作。而中國沒有加入“導彈及其技術控制机制”這一事實則是美國長期以來阻碍韓國與中國開展空間合作活動的一個重要理由。 盡管短期之內无法徹底克服政治因素的阻碍作用,但仍舊可以采取法律措施減少政治因素的影響爲韓國及其他亞洲國家加入亞空組織創造條件。具體而言,亞空組織應制定執行“投資返還”原則的具體法律規范保障項目參與國投資的公平返還。此外,亞空組織還應通過分享衛星數据的方式爲區域公共事務做出貢獻。 亞空組織還可以采取如下法律措施直接減少政治因素的影響,卽:(1)明確東道國(卽:中國)的權利和責任,將東道國的責任確立爲提供協調及輔助服務。以此減少其他成員國對中國以東道國的身分控制亞空組織活動的擔憂。(2)詳細闡明組織合作的目的爲“非軍事目的”以降低參與國及其他國家的政治考量。 空間合作是未來亞洲空間活動發展的一個趨勢,如果韓國能勾加入亞空組織,則將爲建立一個完善的區域空間合作?架奠定基礎。 Asia-Pacific Space Cooperation Organization (APSCO) is the only inter-governmental space cooperation organization in Asia. Since its establishment to date, eight countries have signed the convention and become member states. South Korea participated actively in the preparatory phase of creating the organization, and one conference organized by AP-MCSTA which is the predecessor of APSCO was held in South Korea. However, after the APSCO Convention was opened for signature in 2005 to date, South Korea does not ratify the Convention and become a member. The rapid development of space commercialization and privatization, as well as the fastest growing commercial space market in Asia, provides opportunities for Asian countries to cooperate with each other in relevant space fields. And to participate in the existing cooperation framework (e.g., the APSCO) by the Asian space countries (e.g., South Korea) could be a proper choice. Even if the essential cooperation in particular space fields is challenging, joint space programs among different Asian countries for dealing with the common events can be initiated at the first steps. Since APSCO has learned the successful legal arrangements from ESA, the legal measures established by its Convention are believed to be qualified to ensure the achievement of benefits of different member states. For example, the regulation of the “fair return” principle confirms that the return of interests from the relevant programs is in proportion to the member`s investment in the programs. Moreover, the distinguish of basic and optional activities intends to authorize the freedom of the members to choose programs to participate. And for the voting procedure, the acceptance of the “consensus” by the Council is in favor of protecting the member`s interest when making decisions. However, political factors that are potential to block the participation of South Korea in APSCO are difficult to be ignored. A recent event is an announcement of deploying THAAD by South Korea, which causes tension between South Korea and China. The cooperation between these two states in space activities will be influenced. A long-standing barrier is that China acts as a non-member of the main international export control mechanism, i.e., the MTCR. The U.S takes this fact as the main reason to prevent South Korea to cooperate with China in developing space programs. Although the political factors that will block the participation of South Korea in APSCO are not easy to removed shortly, legal measures can be taken to reduce the political influence. More specifically, APSCO is recommended to ensure the achievement of commercial interests of different cooperation programs by regulating precisely the implementation of the “fair return” principle. Furthermore, APSCO is also suggested to contribute to managing the common regional events by sharing satellite data. And it is anticipated that these measures can effectively response the requirements of the rapid development of space commercialization and the increasing common needs of Asia, thereby to provide a platform for the further cooperation. In addition, in order to directly reduce the political influence, two legal measures are necessary to be taken: Firstly, to clarify the rights and responsibilities of the host state (i.e., China) as providing assistance, coordination and services to the management of the Organization to release the worries of the other member states that the host state will control the Organization`s activities. And secondly, to illustrate that the cooperation in APSCO is for the non-military purpose (a narrow sense of “peaceful purpose”) to reduce the political concerns. Regional cooperation in Asia regarding space affairs is considered to be a general trend in the future, so if the participation of South Korea in APSCO can be finally proved to be feasible, there will be an opportunity to discuss the creation of a comprehensive institutionalized framework for space cooperation in Asia.

The possibility of South Korea to become a member state of APSCO: an analysis from Legal and political perspectives

섭명암,Nie, Mingyan Korea Society of Air Space Law and Policy 2016 한국항공우주정책·법학회지 Vol.31 No.2

Asia-Pacific Space Cooperation Organization (APSCO) is the only intergovernmental space cooperation organization in Asia. Since its establishment to date, eight countries have signed the convention and become member states. South Korea participated actively in the preparatory phase of creating the organization, and one conference organized by AP-MCSTA which is the predecessor of APSCO was held in South Korea. However, after the APSCO Convention was opened for signature in 2005 to date, South Korea does not ratify the Convention and become a member. The rapid development of space commercialization and privatization, as well as the fastest growing commercial space market in Asia, provides opportunities for Asian countries to cooperate with each other in relevant space fields. And to participate in the existing cooperation framework (e.g., the APSCO) by the Asian space countries (e.g., South Korea) could be a proper choice. Even if the essential cooperation in particular space fields is challenging, joint space programs among different Asian countries for dealing with the common events can be initiated at the first steps. Since APSCO has learned the successful legal arrangements from ESA, the legal measures established by its Convention are believed to be qualified to ensure the achievement of benefits of different member states. For example, the regulation of the "fair return" principle confirms that the return of interests from the relevant programs is in proportion to the member's investment in the programs. Moreover, the distinguish of basic and optional activities intends to authorize the freedom of the members to choose programs to participate. And for the voting procedure, the acceptance of the "consensus" by the Council is in favor of protecting the member's interest when making decisions. However, political factors that are potential to block the participation of South Korea in APSCO are difficult to be ignored. A recent event is an announcement of deploying THAAD by South Korea, which causes tension between South Korea and China. The cooperation between these two states in space activities will be influenced. A long-standing barrier is that China acts as a non-member of the main international export control mechanism, i.e., the MTCR. The U.S takes this fact as the main reason to prevent South Korea to cooperate with China in developing space programs. Although the political factors that will block the participation of South Korea in APSCO are not easy to removed shortly, legal measures can be taken to reduce the political influence. More specifically, APSCO is recommended to ensure the achievement of commercial interests of different cooperation programs by regulating precisely the implementation of the "fair return" principle. Furthermore, APSCO is also suggested to contribute to managing the common regional events by sharing satellite data. And it is anticipated that these measures can effectively response the requirements of the rapid development of space commercialization and the increasing common needs of Asia, thereby to provide a platform for the further cooperation. In addition, in order to directly reduce the political influence, two legal measures are necessary to be taken: Firstly, to clarify the rights and responsibilities of the host state (i.e., China) as providing assistance, coordination and services to the management of the Organization to release the worries of the other member states that the host state will control the Organization's activities. And secondly, to illustrate that the cooperation in APSCO is for the non-military purpose (a narrow sense of "peaceful purpose") to reduce the political concerns. Regional cooperation in Asia regarding space affairs is considered to be a general trend in the future, so if the participation of South Korea in APSCO can be finally proved to be feasible, there will be an opportunity to discuss the creation of a comprehensive institutionalized framework for space

경영체는 곧 生命体 元気를 増進시키자

李?燮 한국마케팅연구원 1988 마케팅 Vol.22 No.4