Earticle

The environmental information is one of important sources to protect our environment. Access to environmental information plays a great role in protecting environment through the public participation. Most of developed countries in Europe have independent laws and regulation which provide access to environmental information for EC Directives and Aarhus convention. Korean, like the US, does not have an independent law related access to environmental information; however, Korean government has prepared to legislate such laws. This paper explores the Korean legal system regarding the disclosure of environmental information. Since 2008, the Department of Environment has prepared the Environmental Management Information System in order to implement the disclosure of environmental information through the electronic methods. Moreover, it has introduced green enterprise environmental information disclosure system by amending the Green Enterprise management regulation in 2009. Recently, Environmental Technology and Environmental Industry Support Acts has provided a statutary right of access to environmental information held by public authorities. Although these regulation has played a role in access to environmental information, it is necessary to establish independent Environmental Information Disclosure Act. The coverage of the Environmental Information Disclosure Act would be greater than the existing legal system. It is necessary to set out a list of the bodies and classes of bodies that are public authorities. There would be expected to establsih independent institutions for its implementation; such as Information Commissioner or the Information Tribunal. Moreover, it is necessary to establish the independent institution which would be appeal body deciding disclosure of environmental information.

The goal of environmental law is to make people living safe through the solving environmental problems. In recent industrialized society, the most important element to settle environmental matters is to provide the rights on Access to Information, Public Participation in Decision-making and Access to Justice. The Aarhus Convention, also Directive 2003/4/EC, shows a developing legal scheme to achieve environmental democracy to provide the rights on Access to Information, Public Participation in Decision-making and Access to Justice to remove environmental problems. Moreover, in Art. 2 (3) (c) provides that the state of human health and safety, conditions of human life, cultural sites and built structures, in as much as they are or may be affected by the state of the elements of the environment or, through these elements, by the factors, activities or measures referred to in subparagraph (b) above. This means that the environmental information should include fundamental conditions of human life being. This Convention is a regional one, open to participation by members or consultative members of the UN Economic Commission fo Europe. Since this includes North America and the former Soviet states of Central Asia it is in effect a Northern hemisphere agreement. And it recognizes the relationship between environmental protection and basic human rights, including the right to life.

Access to environmental information is one of basic civil rights; moreover, it plays a role in improving environment protection through the public participation. Most of developed countries in Europe have independent laws and regulation which provide access to environmental information for EC Directives and Aarhus convention. Korean, like the U.S., does not have an independent law related access to environmental information; however, Korean government has prepared to legislate such laws. This paper explores the U.S. FOIA and legal system regarding access to greenhouse gases information in order to introduces the U.S. experience of those areas. The Freedom of Information Act of 1966 is a U.S. statutory instrument that provides a statutary right of access to environmental information held by the U.S. public authorities. According to the regulation, environmental information includes information about air, water, soil, land, flora and fauna, energy, noise, waste and emissions. Environmental Information also includes information about decisions, policies and activities that affect the environment. The U.S. has prepared the disclousure of the greenhouse gases through Clean Air At article 114. The EPA has promulgated the 40 CFR 92 in order to have Greenhouse * Ajou University, School of Law Gas Emissions Reporting Rule. According to the rule, the most greenhouse discharging companies have to report their emission of greenhouse gases. However, it might bring the critical issue that is to protection confidential business information. Greenhouse gas emission information is substantially related to the business secrecy such as its process of production. Therefore, it is very important to balance between public right to know and business confidential information. This paper propose that a market based approach such as information disclosures through the stock market would be one of alternatives.

In 2003, japan established the secured real estate profit executive system in civil judgment enforcement law and reformed article 371 of the civil law to clarify a base of substantial law. In japan, a mortgage e′s traditional methods of redemption were the public auction procedure in civil judgment enforcement law and distress by surrogation on the secured real estate profit. but since 1990s, these two methods have proved limitation as the japan economy has lain in the doldrums. The secured real estate profit executive system is established as additional measure to cope with that problem. Now, the secured real estate profit executive system in Japan is not used actively and do mearly complementary function of the public auction procedure different from the original purpose. But in that a redemption through the public auction procedure is not always an effective and well-directed method, a complementary function of the secured real estate profit executive system can be a merit, as long as performing function properly, and from a viewpoint of diversification of method to executive of mortgage, usefulness of the secured real estate profit executive system is still. Unlike japan, a mortgagee′s method of redemption is only the public auction procedure in civil judgment enforcement law in Korea. In conclusion, in that there is the need to cope with delaying of the public auction procedure and there is no problem in an interpretation on article 359 of the Civil Law in relation to a nature of mortgage, the necessity of introduction of the secured real estate profit executive system can be recognized. However, as our article on surrogation in civil law differs from japan, when we review the need to introduce, when it comes to surrogation, there is not an actual profit to discuss. Together, when we introduce the secured real estate profit executive system in japan, matters to be attended to. First, we would use that system as complimentary measure of the public auction procedure, Second, using term, the mortgaged real estate profit executive system rather than that in japan law, and secured law system, Last, systems, applicating situations of germany, france as well as japan must be reviewed minutely. Feb. 2. 2009, the committee on an amendment of the civil law in Ministry of Justice was founded. This time, an amendment of the civil law is to be done by total 6 subcommittees. And an amendment of the mortgage system is placed on 5th subcommittee. In this amendment of the civil law, I expect that introduction of the Secured Real Estate Profit Executive System will be reviewed thoroughly.

韓国は、1991年から地方自治の時代が始まっている。かつて労働行政 の分野においても以前から新しい対応姿勢が必要であるという問題提起 はあった。最近、雇用労働部の事務において、労働監督の事務を効果 的に遂行するための中核的な事務が地方へ移譲されると、労働監督の制 度と機能そのものが地方へ移譲される結果を招くことになる。労働監督 の業務は機能上、大体雇用労働部の労働監督官の業務と同様の脈絡に あり、地方自治団体に移譲すると、ILO(國際勞働機構)の第81號の勞働 監督協約の精神に違背する恐れもある。また、労働監督の機能を地方に 移譲するようになると、国民の生活の質に不平等を招き、国家政策に対 する不信と社会混乱を加重し、国民和合を損ないかねない。 本稿においては、まず、地方分権の推進体系を概略的に見ていく( Ⅱ)。また、労働監督・行政の法体系、意義と機能及び特性、ILOの第 81號の勞働監督協約に違反するかどうかなどについて考察(Ⅲ)してか ら、労働監督機能の地方移譲の問題に対する労使団体、地方分権促進 委員会の雇用労働部所管の移譲事務の立場、それと関連する問題の順 に検討する(Ⅳ)。 以上のように、労働監督機能の地方自治団体の移譲と関連し、ILOの 第81号の勞働監督協約に対する違反の問題も残っているし、労働法上の 労働監 督機能と直接的な関係当事者である労使団体から強く反対し、 地方自治団体も理論と現実の乖離があり、現実的な問題が残っている。 幸にも、地方分権促進委員会の小委員会では総合的かつ深層的に分析 し、諸事項を考えた際、多少留保的であるとの結論を出した。ところ で、労働監督行政が地方自治団体に移譲されると、中央行政機関の政 策と行政方針が相互独立的に運営され一元化されにくく、労働監督業 務の特性上、専門的な知識と能力が求められることによる専門人力の養 成に不備が予想される。よって、全体的に労働監督行政などの雇用労働 部の事務に対する地方移譲は｢慎重な｣再検討が必要である。今後、労 働法の分野の中、労働監督分野以外の他分野に対する論議において も、関連した部署及び利害当事者の意見を十分に収斂し慎重に検討し た後、責任のある立法を目指す必要がある領域であると考える。

Recognizing the need of the international convention governing offences committed on board aircraft, International Civil Aviation Organization (ICAO) adopted Tokyo Convention in 1963, of which 185 ICAO member states have ratified. Whereas Tokyo Convention does not expressly use the terms: unruly passengers or disruptive passengers, Article 1 of the Convention broadly comprehends the concept by providing that it is applicable to offences against penal law and acts that may not be considered offences but that may still jeopardize the safety of the aircraft. Tokyo Convention makes it clear that the state of registration of the aircraft has jurisdiction over in-flight conducts and further provides that the aircraft commander can exercise authority to take necessary measures with persons who have committed or are about to commit an act jeopardizing safety on board. However, after nearly 50 years since its adoption, Tokyo Convention now reveals three shortcomings. Firstly, due to the fact that there is no definition about “unruly passenger”, each state, and even each air carrier, may construe the definition differently. Having different definitions may confuse passengers on board and lead to ineffective action of air carriers. Secondly, the fact that it only allows the state of registration to exercise jurisdiction produces the circumstances where it is impossible to punish a unruly passenger who committed offence on board. Lastly, now that the standard for “reasonable grounds” of the aircraft commander to take necessary measures to control an unruly passenger has been set with certain limitations by the US court, it is necessary to provide aircraft commenders with concrete guidelines. On 30 October 2009, the ICAO Council approved the formation of a Special Working Group to carefully examine the issue of unruly / disruptive passengers. Accordingly, the first meeting of the Special Working Group was held on 2 May 2011. The result of the Working Group's findings should lead to the amendment of Tokyo Convention thereby reducing the number of incidents caused by unruly passengers and enabling to respond the unruly passengers effectively.

Prof. Mamoru Fukuoh In this dissertation doesn't intend to consider the general principles of law in terms of legal sources of international law. He is trying to focus on the transition of General principles of law which means principles of domestic private law and especially adoption of those principles for the guarantee of human rights in the international law. The PCIJ has initially been adopted for the purpose of complementing positive law in the international community. After that, ICJ has regulated the general principles of law by little modification of PCIJ. General principles of law in the international law was introduced aiming to avoid impossibility in the international judgment. However, the cases applying the general principles of law in the international judgment has decreased. Reduction of judgment by general principles of law in the international community does not mean uselessness of the general principles of law. In addition, those are not a uniform, fixed concept and play the role of providing legal stability. General principles of law is expanding its coverage through the deepening and segmentation. These days, the general principles of law depending on its extended application for the assurance of international human rights plays a significant role more than judgment standing rule to escape judgment impossibility in EU and ICC.