도서관 플러스 - 걸음마하는 「인생나눔교실」 운영 사업에 부쳐

김학재,Kim, Hak-Jae 한국도서관협회 2014 圖協會報 Vol.55 No.12

기고문 - 축산물품질평가 공정성관리 강화 방안

김학재,Kim, Hak-Jae 축산물품질평가원 2012 KAPE누리 Vol.193 No.-

국제해양법재판소(ITLOS)의 경험과 미래

김학재(Kim Hak jae) 국제법평론회 2008 국제법평론 Vol.0 No.27

국제해양법재판소는 유엔해양법협약의 해석과 적용에 관련된 분쟁을 판단하려는 목적으로 1996년 설립되었으며, 동 재판소는 강제관할권 및 인적관할권의 확대를 특징으로 들 수 있다. 국제해양법재판소의 강제관할권이 적용되는 경우는 잠정조치와 선원 및 선박의 신속한 석방의 경우로서 일정한 조건하에 본안판결 이전의 잠정적, 부수적 조치의 성격을 갖고 있다고 할 수 있으나, 이는 엄밀한 의미에서 유엔해양법협약 제15부 제2절의 분쟁해결을 위한 강제절차와는 성격이 상이하므로 양자간 차이를 구별하는 것이 필요하다. 유엔해양법협약상 강제절차는 협약 제287조에 따라 양당사국이 분쟁해결기관으로 미리 국제해양법재판소를 선택한 경우에 한해 국제해양법재판소의 강제절차가 적용된다고 할 수 있으며, 국제해양법재판소의 강제관할권은 상기 협약상 강제절차에 따른 본안판결과는 달리 합의된 재판소에 의한 본안판결 이전에 일방의 요청에 의해 강제되는 잠정적 조치라는 점에서 차이가 있으며, 현재까지 재판소에 요청된 총 15건의 사례 중 대부분을 차지하고 있다. 국제해양법재판소는 설립 이후 지난 10여 년간 여러 가지 성과에도 불구하고, 국제분쟁해결기구로서의 이용이 저조하였으며, 잠정조치와 신속석방에 치중되고, 어업문제에 한정된 경향을 보였다. 국제해양법재판소는 향후 전문성 축적을 통한 신뢰도 제고 및 소송절차 등 실질적 측면에서 편리성과 유용성을 높여 해양법 분야에 관한 권위 있는 국제사법기구로서의 지위를 더욱 강화하기 위한 노력을 경주하여야 할 것이다. The International Tribunal for the Law of the Sea (ITLOS) was established in 1996 for the purpose of making decision mainly on the disputes relating to the interpretation and application of the United Nation Convention on the Law of the Sea(UNCLOS). It can be pointed out that the main characteristics of the ITLOS are compulsory jurisdiction and the enlargement of the personal jurisdiction. The compulsory jurisdiction of the ITLOS applies to the cases where the provisional measures or the prompt release of vessels and crews, as interim order before the decision of the merit, concern. It is, however, necessary to note the difference from the compulsory procedure provided in Section 2 of Part XV of the UNCLOS which is applied only if both disputing parties opted for the ITLOS beforehand as the appropriate dispute settlement institution and deals with merit. So far, 15 cases have been submitted to the ITLOS as of March 2008 and the majority of the cases corresponded to the compulsory jurisdiction. It can be appraised that the ITLOS, despite its various achievements, have been underutilized for around 10 years since its foundation, resulting in a strong tendency that most of its cases fell under the compulsory jurisdiction. In the future, the ITLOS needs to make its utmost efforts to be a authoritative international dispute settlement institution by getting contracting parties confidence and by improving convenience and practicality in its legal procedure.

진압(鎭壓)과 석방(釋放)의 정치

김학재(Kim Hak-Jae) 한국제노사이드연구회 2009 제노사이드연구 Vol.5 No.-

1. POW’s camps and POW’s war experience during Korean War The twentieth century was the century of war, and it was also the century of camps. And the civilian population suffered at least as much as combatants, and one significant element of war experience is therefore not battle in the trenches, but the prison camp. If we consider the East Asian context, there are lots of the same problems and there are even more complex ones. The Korean War is another example, one which provided one of the defining moments of the Cold War between East and West and where POW(Prisoners of War) problems became one of the most important and international concerns of the time. What is interesting is that many POWs of the Korean War had the same nationality, but were divided by their ideology. These POWs also became vehicles for cultural and ideological propaganda of both blocs. POW Camps during the Korean War, were the space which the logic of ‘state of exception’ and ‘universal human rights’ were colflicted. On the one hand, ‘POWs’ were recognised as ‘nations’ who fight with enemy, and they protected under principle of human rights bakcked by international sovereignity. On the other hand, they were treated as ‘Homo Sacer’ in ‘state of exception’ and excluded by sovereign power of nation-state. Under this condition, POW camps in the Korean War undertook fuctions of refugee camp, concentration camp, war criminal camp, political prison, and immigration center. Therefore, I saw POW camps were a microcosm of divided nation state, and I will regard POW camp as a base of Korean modern political system, and condensation of violence which has effected korean society for many decade. 2. Who are the Korean Prisoners of War When the Korean War begins, there was a standard which determine POW’s status. The Geneva Convention of 1949 on the Treatment of Prisoners of War, introduced a concept of humanitarian treatment of POWs. But the Geneva Convention of 1949 was originally designed for a war between individual (sovereign) nations. The Korean War, however, has both feature of International Cold war and national Civil War, and the nation(state)-building process was proceeding. United Staes, and UN did not recognised north korea as a sovereign state, and this made ambiguous and exceptional condition of POW’s status. UNC attempted to apply the ‘humanitarian’ provisions of the Geneva Convention to POWs. However, in reality, there was no clear standard to determine who is POW and who is not. UNC defined ‘all captured personnel’ as POW and in the early stages of the Korean war, almost all person captured by the UN force were permanently registered as POWs. But there were many fundamentally different categories of person. UNC thought that Korean war was fundamentally different from previous wars. They regard that they faced politically and psychologically total war. In this condition, ‘humanitarian treatment principle’ made some POWs as War Criminals. And most of POWs were exposed nakedly to the inhumanitarian, brutal violence of the UNC guards, and of another POWs. In 1951, after armistice negotiation began, US suggested the principle of voluntary(of free) repatriation of POWs, which means some of POW would not be repatriated. This is the first case that never happened before. As a result, the prisoners of war problem has proven the greatest obstacle to a truce. At this moment, passive ‘protectionism’ went to active ‘liberalism’, but the alienation between theory and reality maximized. Actually, POWs treated by many exceptional measures, and exploited as a informant and agent of psychological warfare. When they became ‘civilian internee’ or ‘political refugee’, they were regarded as ex-communist sympathizer. 3. The development of Pong-am incident and reaction of UNC When Civilian Internees in Pong-am island camp resisted against UNC guards in 1951.12.14, 85 prisoners were killed and 113 wounded. They were a

한국전쟁 전후 민간인학살과 20세기의 내전

김학재(Kim Hak-Jae) 고려대학교 아세아문제연구소 2010 亞細亞硏究 Vol.53 No.4

Why so many civilians were killed during the Korean War? In this paper, i want to examine and understand this phenomenon as process, features and results of civil war rather than see it through ‘transitional Justice’ perspective. Nowadays, most of war is not inter-state war, but civil war. Civil war generalized during the 20th century, because the european modernity which limited war as inert-state war between two sovereign states, has collapsed by two World War. Especially, during the cold war period, civil wars, guerrilla wars and irregular wars were universalized and core states have intervened to peripheral state’s nation building process and their civil war. As western powers intervened to post colonial state, counter insurgency technique and state of exception was institutionalized to suppress revolutionary civil war. And 20th century’s war have becomes gradually a genocidal war in which targeted civilians. Civilian massacres which occurred during around the Korean war can be categorized by several types which related each types of civil war. First, there were already civil war situation in which several thousands of civilians killed by nation-building or counter insurgency operation between 1946 and 1948. In this time, illegal and unconstitutional martial law which has no ground and authority declared, and summary executions happened everywhere, and the korean constabulary was created to suppress mass riots. Second, this situation continued at Jiri-mountain area for six years (1949-1955), as rebels and people who joined to them entered the mountain. Irregular warfare and counter partisan operation started and many civilians massacred by military and polices who considered people as collaborators. Third, systemic mass killing of the national guidance alliance during early phase of the Korean war was caused by institutionalized civil war or ‘state of exception’. They were regarded as political prisoners and enemy who tergiversated by military intelligence agency and military police. Lastly, mass killing of so called ‘collaborators’ at late 1950, was performed by mass and para-military youth organization which politically mobilized by government and legal system. In western society, the history of civil war was history of revolution which created modern world, however, for us, civil war was remained as war which wasn’t authorized as interstate war, as nation-buinding which intervened by western powers, as suppressed social revolution and civillian masscres. Therefore, to understand civil war will be reflection about something supressed, boundaries which was created or collapsed by civil war.

김대중의 통일·평화사상

김학재 ( Kim Hak Jae ) 서울대학교 통일평화연구원 2017 통일과 평화 Vol.9 No.2

김대중은 한국의 역대 대통령 중에 유일하게 통일에 대한 자신만의 이론을 정립한 인물이고, 동시대에서 가장 국제화된 감각과 세계적 네트워크를 보유한 정치인이었다. 이 글은 김대중이 평생에 걸쳐 정립하고 현실화하려고 부단히 노력했던 통일·평화론으로부터 역사적 교훈을 얻기 위해, 그 핵심 가치들의 특성에 주목해 분석하고 평가하려는 시도이다. 첫 번째는 그의 통일·평화론의 국내정치적 기반이 된 민주주의이다. 그에게 민주주의는 다른 모든 사상과 정책의 근간이 되어야 할 근본 규범Grund Norm이었다. 둘째는 국제적인 감각과 비교를 통해 만들어낸 그의 한국형 통일 모델이다. 그에게 한반도의 통일이란 독일과 베트남, 북한과 한국 권위주의 정부의 통일방안과 차별적인 방식으로 이루어야 했다. 세 번째는 그만의 통일·평화론을 만들어내고 어떤 도전에도 굴하지 않고 도전했던 창의적 낙관주의Creative Optimism이다. 김대중은 기존의 통일·평화론과 달리 남북연합이라는 차별적인 단계와 제도를 창의적으로 설계했고, 어떤 어려움에 직면해도 가능성의 미래를 믿는 낙관주의를 체득하고 있었다. 김대중은 한국의 현대사에서 그리고 앞으로도 상당기간 다시 반복되기 어려운 역사적 경험의 표상이다. 그런 점에서 통일·평화론이 그린 청사진의 최대치를 보여주었다고 할 수 있다. Kim Dae-jung is the only president who found his own theory about the unification of Korea. He also holds a different position than other politicians because he was a politician with the most cosmopolitan and global network in contemporary times. This article is an attempt to analyze and assess Kim Dae-jung’s thought on Peace and Unification which he constantly tried to realize over the lifetime. The core values of his thoughts are, first, a democracy, the domestic political foundation of his theory of unification and peace. Democracy was a Grundnorm(Basic norm) all other ideas and policies for him. Second, he developed a Korean style model of unification, created by international senses and comparisons. To him, the unification of the Korean Peninsula had to be different from the unification of Germany, Vietnam, policies of North Korea and the South Korean authoritarian governments. The third is a creative optimism that created his own institutional design of ‘state union’. He had a fierceness and optimism to challenge any difficulties he faces in the future. Kim Dae-jung represents South Korea's historical experiences which is difficult to be repeated again. In this regard, he left the biggest blueprint of the future of peace and unification of the Korean peninsula.

한·볼리비아 관계와 향후 과제

김학재(Kim Hak-jae) 한국외교협회 2021 계간 외교 Vol.- No.137

[기획특집] 1950년대 국가권력과 행정말단기구 -국민반을 통한 감시와 동원-

김학재(Kim Hak-jae) 역사학연구소 2004 역사연구 Vol.- No.14

범죄이용 전화번호 차단 제도에 관한 연구

김학재(Hak-Jae KIM),김수미(Soo-Mee KIM) 한국디지털포렌식학회 2015 디지털 포렌식 연구 Vol.9 No.2

Currently, the crime rate through internet has been increasing due to the development of internet and mobile communications technology available to public. There are many kinds of criminal activity such as sex crimes, identity theft, internet gambling, distribution of drugs and pornography, the spreading of fraudulent information, etc. Recently, however, voice phishing and internet articles fraud, that have been manipulated by phone calling, have been rapidly increasing, based on the number of crime reports and scale of damage created. This is the result of criminals manipulating the anonymity through internet and mobile phones, and taking advantage of the fact that the public tends to believe the internet. The criminals use stolen identities, burner phones, and bankbooks that are registered under fake names so they can avoid the pursuit of law enforcement agencies. The government and law enforcement agencies aggressively counteract against these kinds of crimes by showing the area code of international phone calls and by blocking phone calls if the caller’s numbers are disguised as public agencies. However, criminal organizations have evolved, as to become systematic and specialized in order to defraud victims, which has become a serious issue in today’s society. I would like to suggest a solution that limits manipulating the internet phone to decrease phone fraud effectively through reviewing category of crimes and scale of damage created.

민간⋅가정어린이집 보육교사의 직무스트레스가 소진에 미치는 영향 : 사회적 지지의 조절효과

김학재 ( Kim¸ Hak Jae ),이연실 ( Lee¸ Yon Sil ) 동의대학교 지방자치연구소 2020 공공정책연구 Vol.37 No.2

본 연구는 보육교사의 직무스트레스가 소진에 미치는 영향에서 직장 내·외 사회적 지지의 조절효과를 검증하는 것이다. 이를 위해 인천지역 민간·가정어린이집에 근무하는 보육교사를 대상으로 구조화된 설문지를 활용하였다. 자기기입식 설문조사를 실시하였으며, 470부를 최종 분석자료로 사용하였다. 자료분석을 위해 빈도분석과 기술통계분석, 상관관계분석 및 위계적 회귀분석을 실시하였다. 주요 연구결과는 첫째, 보육교사의 직무스트레스가 소진에 미치는 정(+)적인 영향을 확인하였다. 둘째, 보육교사의 직장 내·외 사회적 지지가 소진에 미치는 부(-)적인 영향을 확인하였다. 셋째, 보육교사의 직무스트레스가 소진에 미치는 영향에서 직장 내·외의 사회적 지지에 대한 조절효과를 검증하였다. 이러한 연구결과를 바탕으로 보육교사의 소진을 감소시키고 보육서비스의 질적향상과 만족을 도모하기 위한 실천적 개입방안을 제시하였다. This study attempts to verify the moderating effect of internal and external social support in the effect of job stress on burnout of childcare teachers. For this purpose, structured questionnaires were used for childcare teachers working at private and domestic daycare centers in Incheon. The self-administered questionnaire was conducted through mail and fax, and 470 copies were used as final analysis data. For data analysis, frequency analysis, descriptive statistic analysis, correlation analysis and hierarchical regression analysis were conducted. Primary analyzed result is next following. First, the positive(+) effect of job stress on burnout of childcare teachers was confirmed. Second, the negative(-) effect of internal and external social support on burnout of childcare teachers was confirmed. Third, the moderating effect of internal and external social support was verified in the effect of job stress on burnout of childcare teachers. Based on the results of this study, practical intervention plans were suggested to reduce the burnout of childcare teachers and to improve the quality and satisfaction of childcare services.