• Title/Summary/Keyword: 규제 정책의 정당성

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Suggesting Some Conceptual and Practical Improvements Coping to Moribund Symptoms of Contemporary Korean Gifted Education (한국 영재교육의 위기 현상 진단과 해결 방안)

  • Choe, Ho Seong
    • Journal of Gifted/Talented Education
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    • v.26 no.3
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    • pp.493-514
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    • 2016
  • Since the Gifted and Talented Education Promotion Law was enacted 15 years ago, in Korea, gifted education in Korea has continued rapid and quantitative growth. The number of gifted classes or institutes for the gifted have increased, as well as the number of gifted education teachers increasing their participation in professional development training and educational activities. However after 2014, gifted education is somewhat shrinking. Due to the controversy of private education and expansion of social welfare in Korea, administrative and financial support for gifted education is being reduced. This study reviewed the gifted education policies promoted by successive governments and analyzed the relationship between politics and support for gifted education efforts by the government. In addition, the phenomenon of the recently shrinking gifted education in Korean society was analyzed in various aspects. These aspects include: decreasing quantitative growth due to the weakening of administrative and financial support from central and local governments on gifted education, regulations on suppressing private education, social inequality to gifted education access, and lack of solidarity in the gifted education scholastic community. Based on this analysis of gifted phenomenon, ways of developing the ideological and practical aspects of future-oriented gifted education were suggested. In the ideological dimension, it was emphasized that gifted education must move away from insularity and the adhesive perspective of Korean society on the concept of giftedness, the concept of intelligence and the recognition of the legitimacy of gifted education. On the other hand, in the practical dimension, the following points were identified: the collection of empirical data on the economic impact of gifted education, gifted education amendment of the statutes, adaptation of the gifted education program with gifted identification, diversification of gifted education service system, and actively promoting new research topics in relation to the Gifted and Talented Education.

Unfair Restrain on Competition in Air Cargo Fuel Surcharge Case (공정거래법상 부당한 경쟁제한의 의미 - 항공화물 유류할증료 담합사건을 중심으로 -)

  • Lee, Chang Jae
    • 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.