중국의 기후변화적응 법제연구

유향란 전북대학교 동북아법연구소 2013 동북아법연구 Vol.6 No.3

Climate is changing, with China already experiencing warmer, hotter, drier summers and higher incidences of more extreme weather. But most of all, city plays a key roles. Urban areas depend on a complex set of infrastructure systems to provide human, environmental and economic services. To preserve and enhance our quality of life and maintain our status of city, we must adapt to manage these climatic shifts, which will result in increasing risk of floods, rise of the sea levels, Water managers, extreme weather, drought and heat waves. Taking adaptation action is more critical for developing countries. Associate China with several successful countries of legal system of adaptation in city, integrated improvement of climate change adaptive management in China city. This article includes legal policy and measure progress of adaptation to the changing climate in the community of nations and china. In conclusion, it draws improvement of legal system of urban climate change adaptation. The improvement of plan included 3 parts, that is making of adaptation measure of each field, special industry and group, overall adaptation legislation.

A Study on the Direction of Legal Support for Climate Technology in Developing Countries

Kim, Min Chul 동덕여자대학교 한중미래연구소 2020 한중미래연구 Vol.13 No.-

This study is aimed at exploring the direction of legislative support in developing countries in the field of climate technology. The direction of related legislative support can be specified when international trends on technology transfer and technical cooperation in developing countries are identified. Thus, the climate technology trends and the mechanism of supporting developing countries of UNFCCCC were analyzed. By this way, a system for identifying legislative needs in developing countries could be established. The most effective method is to conduct a demand survey of developing countries' governments and climate technology experts. However, the United Nations Framework Convention on Climate Change (UNFCCC), the Technical Needs Assessment for Climate Change at the UNDP, and the analysis of the results of the Climate Needs Assessment were also valid. It can be considered that developing countries identify national priorities for mitigation and adaptation technologies. It will be important to check the technical areas of major partner countries and to see if there are related laws through analysis of climate technology cooperation projects promoted by developing countries and Korea. In addition, if domestic companies participating in overseas climate change projects had difficulties in their projects to developing countries due to insufficient legislation, the insufficient scope of such legislation would be an area of legal support for developing countries. A consultative body will be formed with experts from the countries to be dispatched and experts who participated in the project to discuss the priority of the country, but the system can be oriented to maintain a steady understanding of the legal needs of officials and project managers in developing countries through the network. When providing legislative support, it is desirable to present promotion laws and regulatory laws related to detailed technologies by comprehensively considering the basic environmental laws, environmental policies, and political systems of developing countries. In particular, laws and systems have been developing for decades, so the approach to passing on best-fit, not best practices, will be valid. At this point, it would be most realistic to analyze legislation suitable for the technology of the country and accumulate such data in connection with the Korea Climate Technology Cooperation Project. And the process of getting developing countries to ask for demand on the legal system should also be made in the mid- to long-term. International organizations and state-run research institutes are also working on master plans related to climate change policies. However, simple national reports often apply only to introductions of legislation or ideal improvements. Efforts should be made to provide legal support for the central government's enactment of the law and the revision of local government's ordinances in which the project is underway.

THE EVOLUTION OF LEGAL EDUCATION IN SINGAPORE

Jean HO 경희법학연구소 2009 경희법학 Vol.44 No.3

Legal education in Singapore has, until 2007, been provided exclusively by the Faculty of Law of the National University of Singapore (“NUS Law”). This has made curricular policies and changes undertaken in NUS Law the only point of reference when assessing the way in which the experience of reading law in Singapore has evolved. Despite being the only law school in the country, NUS Law has demonstrated its ability to innovate and reform the legal curriculum in order to respond to the needs of the profession and more broadly, of globalization. NUS Law is therefore a highly unusual institution since the major reforms to the curriculum and the entire law school experience were introduced at a time when there was no competing provider of legal education in Singapore. Of the various reforms implemented, this article will focus primarily on the changes introduced to the core curriculum. The impact of a compulsory course on any graduating class as a whole is likely to be more profound than that of an optional course which cannot and does not aspire to reach the entire student population. In this regard, this article traces the possible reasons for and student reception of three courses which were introduced to the core curriculum fairly recently: Legal Analysis Writing and Research (“LAWR”), Legal Theory and Comparative Legal Traditions, and the implications of a legal education that encompasses both skills and academic learning. The Singapore experience should be of interest to law schools that intend to reform an existing curriculum or create a new one. It has certainly been a very exciting period for law students and legal academics in Singapore

A Study on the Direction of Legal Support for Climate Technology in Developing Countries

Kim, Min Chul 동국대학교 비교법문화연구원 2020 DONGGUK LAW REVIEW Vol.13 No.-

동성결합과 결혼체계의 자체생산

오정진(Oh Jung-Jin) 성균관대학교 비교법연구소 2006 성균관법학 Vol.18 No.1

Today, several nations grant same-sex union with effect similar to marriage. Moreover, there are the states which recognize same-sex marriage. But this paper upon the concepts of Niklas Luhman"s system and autopoiesis reveals that such form allowing same-sex union is the way of autopoeisis of marriage system : the marriage system founded hetero-sex and legal marriage adapts selectively toward the environment of same-sex relationship and reproduces marriage system itself. And even the case same-sex couples can use the name of marriage, that is the one marriage system makes new boundary of same-sex marriage within intimate relationship. Therefore, if hoping for changing relationship and marriage, it will be better to deregulate hetero-sex legal marriage itself, guarantee multiple alternatives and go beyond marriage system.

동성결합과 결혼체계의 자체생산

오정진 성균관대학교 법학연구원 2006 성균관법학 Vol.18 No.2

the same-sex union and autopoiesis of marriage system Oh, Jung-Jin Today, several nations grant same-sex union with effect similar to marriage. Moreover, there are the states which recognize same-sex marriage. But this paper upon the concepts of Niklas Luhman's system and autopoiesis reveals that such form allowing same-sex union is the way of autopoeisis of marriage system : the marriage system founded hetero-sex and legal marriage adapts selectively toward the environment of same-sex relationship and reproduces marriage system itself. And even the case same-sex couples can use the name of marriage, that is the one marriage system makes new boundary of same-sex marriage within intimate relationship. Therefore, if hoping for changing relationship and marriage, it will be better to deregulate hetero-sex legal marriage itself, guarantee multiple alternatives and go beyond marriage system.

Measures for the Legal Improvement of Aircraft Noise Infringements

Yu, Gyeong hui 동국대학교 비교법문화연구원 2020 DONGGUK LAW REVIEW Vol.14 No.-

Incidents of damage claims due to aircraft noise (including airfields and noises from surrounding areas), account for the highest percentage of environmental lawsuits in Korea, as the degree of damage is severe and has broad characteristics. Even though the very first lawsuits of the past were filed by residents around the Maehyang-ri Air Force Shooting Range area, residents of the affected region have been appealing about ceaseless damage. It is correct to resolve noise complaints from residents around airports with public law regulations. However, not only are those regulations insufficient, but the legislation that does regulate support for local residents affected by aircraft noise in principle excludes airports, which also serve as flight operators, from their scope of application. In particular, there is a limit to compensation for residents of areas affected by noises from military aircraft (including noises in the area from airfields, shooting ranges, etc.) Civil remedies for residents of areas affected by aircraft noise include injunctive relief and liability claims for damages. The prior remedy of injunctive relief has contents on preventing aircraft noise, but the attitude toward this is a very passive, perhaps due to concern about being ostracized over public concern related to whether or not a civil lawsuit can be filed. Accordingly, victims of aircraft noise violations have to file compensation claims for damages as an ex-post remedy. In practice, the existence of a problem due to noise, etc. from aircraft or military aircraft from take-off or landing, etc. is determined by whether or not the degree of damage from aircraft noise exceeds the acceptable limit according to social norms. Although precedents list various requirements to determine the extent to which damage is tolerable when there is an infringement of environmental rights, many problems have been raised regarding the criteria for determining this acceptable extent. In addition, since a short-term statute of limitation is applied to victims of aircraft noise infringement, the problem arises that victims cannot receive relief if noise infringement has exceeded three years. The purpose of this paper is to analyze and present solutions to civil claims of victims of aircraft noise for ① prior injunctive relief and ② compensation for damages as an ex-post remedy i) standards for determining each criterion for the extent to which damage is tolerable when there is an infringement of environmental rights, ii) the approach to risk that is considered when determining liability damages and the monetary amount of compensation and iii) problems of liability claims for damage that will arise in the future.

THE PROCESS OF FINANCIAL REFORMS IN CHINA

Park, Chanil 연세대학교 동서문제연구원 2004 Global economic review Vol.33 No.1

This study aims to show that financial reforms in China can be viewed as an endogenous adjustment process responding primarily to economic growth and changes in political constraints. The author's argument is thus against the mainstream view in which financial reforms are regarded as primary policy tools for the promotion of economic growth. Three factors are carefully examined for the explanation of the endogenous characteristics of financial reforms. First, this paper takes a close look at endogenous aspects of Chinese financial repression. The endogenous characters of financial repression explain why financial reforms in China follow an endogenous path. Second, recent developments of legal frameworks are found to have been institutional responses to macroeconomic imbalances, financial disorders, and increased demands for property right protection. Finally, this paper shows that the lack of market infrastructure and various political constraints have been major obstacles for China's capital market development.

중국의 기후변화적응 법제연구

兪香蘭 전북대학교 동북아법연구소 2012 동북아법연구 Vol.6 No.3

일제강점기 번역 소설의 단행본 출간과 검열 양상

문한별(Moon, Han-byoul) 한국비평문학회 2013 批評文學 Vol.- No.47

1930년대 번역 소설에 대한 연구는 탐정소설과 모험소설 등 주로 대중소설을 대상으로 진행되어왔다. 최근 확인된 자료인 『조선출판경찰월보』는 식민지 출판 경찰의 검열 기록으로서 여기에는 1930년대 단행본 및 신문, 잡지에 대한 납본 및 삭제, 불허가 등의 목록이 정리되어있다. 본고는 이 자료를 기반으로 하여 1928년부터 1938년까지 출간된 단행본 자료 가운데 번역 소설에 해당하는 것들을 추출하여 실제 출간이 확인된 작품들과 비교ㆍ대조 분석을 시행하였다. 그 결과 『조선출판경찰월보』의 납본 및 출판 불허가 목록에는 20여 편의 번역 소설들이 포함되어있으며, 이 가운데 8편이 치안 방해를 이유로 출판 금지되었음을 확인할 수 있었다. 또한 불허가된 번역 소설들은 반제국주의와 반일의 내용을 담고 있었으며 그 내용의 선도성은 당시의 번역 작품들이 가지고 있는 대중 독서물의 가치를 넘어서는 것이었다. 본고는 이 같은 자료를 추적하여 그 내용과 문학사적 의의를 밝혀내고자 하였다. Research for the 1930s translation in the novel, detective fiction and adventure novels, has been Focused on the popular novel. Chosun Gyoengchal Wolbo was published by the police of the Government-General of Chosun. The detailed records of censorship were left on book list of disallowance in this material that had being done for over 10 years. This Paper was studied, based materials of the translated novels published 1928-1938. As the result, this list have 20 books, among them, 8 books were banned. Disallowance translation of the novel was to contain the contents of the anti-imperialist and anti-Japanese. Such as this pioneering features, was unable to find a translation of in the novel. This paper tried to find the significance of the literary history of the novel.