• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.117-149
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• 2015

On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

• The Critical Review of Religion and Culture
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• no.25
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• pp.195-241
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• 2014

When the objective of a modern state focuses on securing basic human right of an individual and realizing public good in a state community, the direction of policy on religion of a state can not deviate far away from such objective. Meanwhile, the policy on religion of modern states today mostly takes the church and state separation principle as its basis. The states secure religious freedom and enforce the separation of church and state by differentiating religion and the mundane world and establishing the relation between the two. This study examined the church and state separation principle, which is an important system device of recent age nation-states, and explored the possibility of more active policy on religion. First, the relationship among religion, state and politics was examined from more structural and functional viewpoint. Next, how the separation of church and state principle has become recent age political principle and what was the settlement process of church and state separation in other countries are summarized. At last, the actual situation of church and state separation in Korea, the structural limitation of it and the direction of policy on religion are examined. The application experience of church and state separation principle is quite short in Korean society. In addition, when there is a religious issue, there is the trend of evading the issue unconditionally or responding to it passively. However, the religious culture in Korean society is one of the biggest cultural resources and social assets. Since it has big potential as driving force for the advance of state, it is regretful to leave religion alone as it is. Therefore, this study explored the original limitations of church and state separation principle which are limiting the religious policy of of state and searched for a theoretical basis for the utilization of resources in religious culture as driving force of state by overcoming the limitations. This study examined the situation in Korea by paying attention to how differently the church and state separation principle is being applied in other states, The separation of church and state, which is the basis of policy on religion in Korea, belongs to 'similar separation type' like in Japan; therefore, there is a trend of doctrinaire interpretation or arbitrary interpretation. This study suggests that it is required to overcome this limping state and settle down the church and state separation principle, which fits to Korean society, as a social and cultural practice. It is also suggested that more active policy on religion would be enforced by wider interpretation of church and state separation.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.32 no.3
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• pp.69-81
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• 2014

Herman $F{\ddot{u}}rst\;P{\ddot{u}}ckler-Muskau$ is one of important figures in German landscape architecture who designed both Muskau Park and Branitz Park and published garden book Andeutungen ${\ddot{u}}ber$ Landschaftgartenerei (Hints on Landscape Gardening) in 1834. He was a German nobleman who governed Muskau estates while working as both a writer and a landscape gardener. German landscape gardening was grounded on Romanticism, which was represented in diverse ways such as the reconciliation between man and nature, the liberation of reason, and the pursuit of liberty. The intellectuals came to have an interest on landscape gardening since the garden carried the cultural connotation such as the idealized epitome of nature. This study is to investigate how his idea of landscape gardening had been developed through his personal life and social background and to find out his landscape gardening theory and its unique gardening techniques. Finally, the inventive aspect of his garden theory and contemporary significances in practices were discussed. $P{\ddot{u}}cklers^{\prime}$ personal experience and social background provide us to understand the idea of garden. First, there was a mixture between reality and fantasy in his garden theory. It was due to the influence of Romanticism and literary garden. Second, his gardening mentality and technique were influenced by the late 18th century English garden practices, which emphasized the expressive aspects. Third, $P{\ddot{u}}cklers^{\prime}$ inner disposition and personal experience were represented in his garden design. Fourth, the intention of creating landscape garden for the local people might be a self realization of his contradictory characters between falling nobleman and liberal social leader. The significant value of $P{\ddot{u}}ckler^{\prime}s$ garden idea might be closely related in the dual nature of humanistic garden tradition and garden practice for social agenda. Therefore, his garden idea pursued of the comprehensive landscape strategies toward ideal communities and ethical spirits while concerning ecological, social, economic sustainable development of the region. Furthermore, his landscape gardening aims at the total landscape encompassing garden to region as well as the Gesamtkunst combing the beautiful with the useful. $P{\ddot{u}}ckler^{\prime}s$ holistic attitude gives us fresh insights and new directions to contemporary landscape theory and practice.