• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.203-234
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• 2019

The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

• Journal of Christian Education in Korea
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• v.75
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• pp.83-102
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• 2023

Purpose of Research: The purpose of this study is to emphasize that the understanding of the elderly must change to a more positive one as a way to resolve social problems caused by aging. And this study proposes understanding and education about the human rights of the elderly as one of the measures. Research Contents and Methods: The research aims to achieve its purpose through the following contents and methods. First, this study examines the issue of elder abuse that occurs in old age to understand the importance of human rights for the elderly in the context of aging. One of the causes of elder abuse is the lack of understanding of the human rights of the elderly. What are the rights of the elderly? To this end, the text explains the understanding of the human rights of the elderly according to UNESCO, as well as the policy on the human rights of the elderly in Korea. Based on this, the importance of human rights education for the elderly was argued. This is because an increase in awareness has a significant impact on improving the human rights of the elderly. In particular, this study argues that the church is also affected by the aging phenomenon. Therefore, it is argued that the church should also take an interest in the human rights of the elderly. And it was emphasized that human rights education for the elderly should be approached from a Christian perspective. Results/Conclusions: In conclusion, this study emphasizes the importance of protecting the human rights of the elderly and proposes three aspects of christian human rights for the elderly. First, there is a need for self-dignity education for the elderly. Second, it is necessary to learn about and empathize with the lives of the elderly in order to recognize and respect their rights across different generations. Third, education on mutual respect was proposed as a means to alleviate conflicts between the elderly and other generations, and to promote harmony and respect for rights. It is believed that this will play an important role in bridging the generation gap caused by aging. Unfortunately, this study has a limitation in that it does not address methodological approaches and education, as it primarily focuses on theoretical proposals. Therefore, it is hoped that further studies will continue to be conducted to develop specific alternatives aimed at enhancing the human rights of the elderly.

• Korean journal of communication and information
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• v.40
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• pp.150-191
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• 2007

Defamation lawsuits of public figures against media have been an issue since Roh government set in. Dissension between the government and media has probably acted as the key factor on this problem. Accordingly, arguments on the defamation lawsuits of public figures occurred the political issues such as opposition between the Progressive and the Conservative Parties or between the ins and the outs and showed the limits to suggest an appropriate judgment or solution. This study will analyze how the court makes its judgement on their rights and the limits by understanding the characteristic and the problem of defamation lawsuits made by senior government officials including a politician, the government, the president, and etc. As results, the defamation lawsuits of politicians and senior government officials showed specially noteworthy matters in salvation (damage suits), the amount claimed, court costs, ratio of winning lawsuits, and etc. The result on the tendency of the court decision showed the following matters in confusion: it holds the media responsible for the burden of proof by applying the inappropriate criterion; The applied laws, especially in the inferior court decision, do not show the consistency of the burden of proof between the misconception/ intention (malice)/ accident/ purpose of slander on the legal principles of public figures. Therefore, this study suggests the court to apply an appropriate law, let alone regulating the Anti-SLAPP law, so that it curtails the rights of public figures; limits the salvation of damage suit; and protects the right only in the case of false accusation by applying the existing law of "the Protection of the Deceased's Defamation Law." In order to dissolve the confusion when applying the laws on the public figures, the study insists the court to positively apply the Constitutional Court made criterion on "people" and "content." The study also insists to distinguish "intention(malice)," "accident," and "purpose of slander" and variant sorts of the burden of proof should be applied to each.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.3-31
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• 2017

On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.199-236
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• 2014

This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.

• Journal of the Korean association of regional geographers
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• v.11 no.4
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• pp.476-496
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• 2005

This paper considers some significances and limitations in application of Rawls' liberal theory of justice to conceptualization of environmental and ecological justice. It first reviews Rawls' liberal theory of justice, then examines how his theory of justice considers natural resources and can be applied to develop distributive theory of environmental justice, and finally explores what kinds of problems would be generated when Rawls' theory of justice is to be extended to animals and other natural components. In Rawls' theory of justice the status of natural resources is described as a objective condition for justice, but it is argued that natural resources should be seen as a substantial component of just production and distribution. It also can be stressed that his theory of justice does not secure a just result of resource distribution, even though it has a great significance for just procedure of distribution. Finally, it seems hardly possible to extend Rawls' theory of justice to animals and other natural components to develop a Rawlsian theory of ecological justice, because liberalism and Western tradition of science on the basis of which Rawls' theory of justice has developed presuppose an ontological dualism of human beings and other natural components, and hence cannot recognize the inherent value of nature.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.7
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• pp.496-503
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• 2020

The regeneration of Incheon Inner Port is a recent, representative case of conflict related to urban policies. This study aimed to analyze the conflicts that have arisen during the urban regeneration process. This study was a qualitative study, and the conflict management strategy was derived by analyzing the conflict process, subject, and content. The results of the analysis are as follows. First, central governmental agencies have proposed a clear plan that is mainly focused on the port redevelopment project through the participation of private sector businesses. Second, Incheon is pursuing a new vision called "Creative City" with specific urban regeneration. Third, the Incheon Port Authority is required to maximize the efficiency of the regeneration projects. Fourth, organizations such as port logistics companies and port trade unions are demanding the use of port space. Fifth, local residents and civic groups insist that the entire Inner Harbor should be returned to the citizens. Therefore, the establishment of city planning and administrative guidelines is necessary to manage Incheon Inner Harbor and surrounding areas in a desirable manner in order to develop a regeneration philosophy for Incheon Inner Harbor. Furthermore, the establishment of cooperative governance is required for the participation of various stakeholders.

• International Commerce and Information Review
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• v.19 no.4
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• pp.95-124
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• 2017

The dispute analysed in this article concern eight measures taken by Argentina regarding finance, taxation, foreign exchange, and registration. The dispute centered on whether these measures were in violation of the Member's obligations under the General Agreement on Trade in Services (GATS), namely most-favored national treatment, national treatment and market access, and whether they are justified by Article XIV and Article 2(a) of the Annex on Financial Services. Important arguments raised in the dispute include whether the services and the service providers of cooperative and non-cooperative countries and/or Argentina subjected to the measures are like for the purposes of Article II and Article XVII of the GATS, whether the regulatory aspects of the measures are to be considered in determining the inconsistency with Article II and Article XVII of the GATS, and whether the measures are justified in that they were taken in accordance with the national laws and regulations aimed at implementing the Global Forum on Transparency and Exchange of Information for Tax Purposes and the Financial Action Task Force. The essence of this dispute lies in the balance of each Member's right to regulate commercial and/or financial activities and its obligations under the GATS. The Appellate Body tried to strike such a balance in its assessment of: (i) likeness of services and service suppliers, (ii) no less favorable treatment under Articles II and XVII, and (iii) the scope of measures under Article 2(a) of the Annex on Financial Services. This article aims to provide an analysis of the Appellate Body's findings, giving light to the relevant jurisprudence and scholars' writings.

• Proceedings of the Technology Innovation Conference
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• 2003.06a
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• pp.116-135
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• 2003

우리나라는 최근에 IMF 에 재정적 지원을 요청하는 상황이 계기가 되어 국가경쟁력과 삶의 질 측면에 상당한 관심을 가지게 되었다. 이러한 환경변화는 사회저변에 효율성을 강조하는 풍토를 확산시키고, 위기상황의 재발방지를 위해 그 원인을 분석하고 대안을 마련하는 등 사회 전반적으로 각고의 노력을 촉발시키게 하는 계기가 되었다. 이러한 논의들 중에 눈에 띄는 한가지는 과학과 기술사이의 관계에 관한 논쟁인데, 최근에 활발히 논의되고 있는 과학과 기술사이의 연계는 미국을 중심으로 많은 연구가 진행되고 있으며, 이러한 연구들은 대체적으로 과학과 기술사이에는 상당한 정도의 상관관계가 있고, 이 둘 사이는 서로 상호작용하면서 경제성장을 이끄는 역할을 한다고 주장하고 있다. 본 연구에서는 이러한 논의들을 국내에 적용시킴으로써 해외의 사례가 우리에게 시사점이 될 수 있는지 체계적으로 분석하려고 시도하였다. 과학과 기술사이의 연관성을 알아보기 위하여, 과학의 연구성과를 대변하는 대용치로 SCI논문을 사용하였고, 이러한 연구성과가 얼마만큼 사회에 파급되어 산업화 또는 상업화되었는지를 측정하기 위해 특허출원수를 추출하여, 연구의 목적에 맞게 modify 하는 과정을 거쳤으며, 추세분석과, 상관관계분석 그리고 회귀분석을 실시하였다. 본 연구는 실증분석을 통하여, 과학과 기술사이에는 일부 소수의 영역을 제외하고 매우 높은 상관관계가 있음을 발견하였고, 우리나라의 주력산업이었던 기계분야의 쇠퇴를 실증적으로 확인 할 수 있었으며, 정부의 적극적인 지원아래 폭발적으로 성장하였던 IT분야의 증가추세를 확인할 수 있었다. 따라서 본 연구에서는 국가경쟁력의 근간이 되는 연구개발부문에 경제논리를 배제하는 지속적인 투자를 제언함으로써, 국가경쟁력 제고와 삶의 질 향상이라는 두 마리 토끼를 잡을 수 있는 방안은 과학과 기술의 유기적인 연계에 있음을 밝히고 있다. 건설을 위한 정책적 시사점과 동북아 연구개발정보 Portal 및 APEC APGrid 연구망 등의 구체적인 정보인프라 구축방안을 도출하였다.술 주기를 도출하고, 산업 내 평균 권리 청구 항목 수를 이용하여 각 산업의 기술 범위를 비교하였다. 각각의 동적 분석을 통해 시간에 따른 변화 양상이 관찰하였고, ANOVA 분석을 이용하여 통계적 유의성을 검증하였다. 본 연구는 현재의 기술 패러다임 내에서 Pavitt이 제시한 산업 분류의 근거를 보충 설명하였고 특허 정보를 이용하여 기술혁신의 산업별 유형에 대한 폭넓은 분석방법을 제시하였다.별 시간대별 효과분석을 통하여 정책의 시행여부가 결정되어야 할 것이다. 한편, 화물전용차선의 설치로 인한 물류비용의 절감을 보다 효과적으로 달성하기 위해서는 종합류류 전산망의 시급한 구축과 함께 화물차의 적재율을 높이고 공차율을 낮출 수 있는 운송체계의 수립이 필요한 것으로 판단된다. 그라나 이러한 화물전용차선의 효과는 단기적인 치유책일 수밖에 없기 때문에 물류유통 시설의 확충을 위한 사회간접자본의 구축을 서둘러 시행하여야 할 것이다.으로 처리한 Machine oil, Phenthoate EC 및 Trichlorfon WP는 비교적 약효가 낮았다.>$^{\circ}$E/$\leq$30$^{\circ}$NW 단열군이 연구지역 내에서 지하수 유동성이 가장 높은 단열군으로 추정된다. 이러한 사실은 3개 시추공을 대상으로 실시한 시추공 내 물리검층과 정압주입시험에서도 확인된다.. It was resulted from increase of weight of single cocoon. "Manta"2.5ppm produced 22.2kg of cocoon. It is equal to 9% increase in index, as compared to that