• Korean Journal of Comparative Education
• /
• v.22 no.4
• /
• pp.149-178
• /
• 2012

The initial purpose of Affirmative Action(AA) in the U. S. was to increase access to, and ensure the equitable distribution of, opportunities for racial minority groups in order to redress past discrimination. Over the last several decades, support for AA has grown and waned as structural, political and social currents have shifted. Most recently, AA in university admissions policy was once again tested as The University of Texas at Austin successfully defended its use of AA in admissions and now faces Supreme Court review concerning the lawsuit. Fisher v. University of Texas at Austin. The purpose of this study is to illustrate the evolution of AA in university admissions reflected on major legal cases for and against it. AA is analyzed from the integrative approach based on the historical institutionalism. l.e., influenced by structure, political dynamics, institutions and critical actors.

• The Korean Journal of Air & Space Law and Policy
• /
• v.35 no.1
• /
• pp.103-125
• /
• 2020

This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.

• Journal of Environmental Policy
• /
• v.7 no.3
• /
• pp.89-120
• /
• 2008

With petroleum being a major source of energy in Korea, the quantity of petroleum transported via ocean routes is on its way up due to increased consumption. Due to the increase, more than 300 cases of pollution caused by petroleum occur annually. Moreover, the number of oil-spill accidents is also on the rise. Causes of such accidents, not including the disposal of waste oil on purpose, turn out to be human error during navigation or defects in the vessels, showing that most accidents are caused by humans. Therefore, to prevent future oil spills, it is imperative that navigation efficiency be enhanced by improving the quality of navigators and replacing old vessels with newer ones. Nevertheless, such improvements cannot occur overnight, so long- and mid-term efforts should be made to achieve it institutionally. As large-scale oil-spill accidents can happen at anytime along the coastal waters of Korea, it is necessary to set-up institutional devices which go beyond the compensation limit of 92FC. The current special law regarding this issue has its limits in that it prescribes compensation be supplemented solely by national taxes. Therefore, the setting-up of a new 'national fund' is recommended for consideration rather than to subscribe to the '2003 Convention for the Supplementary Fund'. It is strongly suggested that a National fund be created from fees collected from oil companies based on the risks involved in oil transportation and according to the profiteers pay principle. In addition, a public fund should be created to handle general environmental damage, such as the large-scale destruction of the ecosystem, which is distinct from the economic damage that harms the local people. The posterior responses to the large-scale oil spill have always been unsatisfactory because of the symbolic nature of the disasters included in such accidents. Oil-spills can be prevented in advance, because they are caused by human beings. But once they occur, they inflict long-term damage to both human life and the natural ecosystem. Therefore, the best response to future oil-spills is to work to prevent them.

• Journal of Environmental Policy
• /
• v.7 no.4
• /
• pp.105-134
• /
• 2008

Local opposition and protest constitute single greatest hurdle to the siting of locally unwanted land uses(LULUs), especially siting of high-level radioactive disposal not only throughout Korea but also throughout the industrialized world. It can be attributed mainly to the NIMBYism, equity problem, and lack of participation. These problems are arisen from rational planning process which emphasizes instrumental rationality. But planning is a value-laden political activity, in which substantive rationality is central. To achieve this goals, we need a sound planning process for siting LULUs, which should improve the ability of citizens to influence the decisions that affects them. By a sound planning process, we mean one that is open to citizen input and contains accurate and complete information. In other word, the public is also part of the goal setting process and, as the information and analyses developed by the planners are evaluated by the public, strategies for solutions can be developed through consensus-building. This method is called as a co-operative siting process, and must be structured in order to arrive at publicly acceptable decisions. The followings are decided by consensus-building method. 1. Negotiation will be held? 2. What is the benefits and risks of negotiation? 3. What are solutions when collisions between national interests and local ones come into? 4. What are the agendas? 5. What is the community' role in site selection? 6. Are there incentives to negotiation. 7. Who are the parties to the negotiation? 8. Who will represent the community? 9. What groundwork of negotiation is set up? 10. How do we assure that the community access to information and expert? 11. What happens if negotiation is failed? 12. Is it necessary to trust each other in negotiations? 13. Is a mediator needed in negotiations?

• Journal of Korea Technology Innovation Society
• /
• v.11 no.1
• /
• pp.1-22
• /
• 2008

The Korean government has tried to increase the total national R&D investment and, to streamline acts and regulations concerning national R&D activities. Korea's total R&D expenditure in the field of S&T for the year 2006 amounted to about 27.3 trillion won including government R&D of 8.9trillion won. The Korean government enacted several pieces of legislation concerning S&T: the "Technology Transfer Promotion Act (1999)" ; the "Framework Act on Science and Technology (2000)", and the "Presidential Regulation for Managing the Government R&D Programs (2001)." With these efforts the capacity of Korea S&T has made great strides recently. But for years Korea has run a severe deficit of technology trade. The Korea's balance ratio of technology trade is 0.36 (export/import). It means that Korean industry excessively depends on foreign resource in introducing new technologies. The Korean government has put a lot of effort into promoting the commercialization of technologies developed in universities. The public technology transfer policy of the government has improved the infrastructure of technology transfer and commercialization. However, the government has realized that these policies have not been as effective as they were anticipated. In spite of these various efforts, the technologies obtained from the government R&D Programs have not been transferred to the Korean industry properly. Only 13.6% of technologies developed in universities for the year 2005 were transferred to industry. The academic royalty revenues for the year was 0.15% of their total R&D expenditure It shows only a twentieth of the percentage of royalty revenues for the American universities. The reasons of poor commercialization of academic technologies are intermingled with imperfection of technology transfer system, lack of licensing experience, immaturity of socio-economic circumstance and inadequacy of legal system and government policy. In this study we analyzed the problems of legal system and policy in licensing of government R&D outputs and suggested proper alternatives.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.2
• /
• pp.3-27
• /
• 2012

The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

• Journal of Chest Surgery
• /
• v.31 no.11
• /
• pp.1089-1093
• /
• 1998

Background: In 1992, we first developed the technique for video-assisted thoracoscopic sympathectomy to treat palmar hyperhidrosis. It was soon proven to be a simple and effective therapy for essential hyperhidrosis. Clinically, patients suffereing from distressing hyperhidrosis in their heads and faces were observed. Materials and methods: From March 1997 to March 1998, the vidio-assisted thoracoscopic sympathectomy and sympathicotomy were performed in 60 patients suffering from craniofacial hyperhidrosis in the Department of Thoracic and Cardiovascular Surgery in the Respiratory Center of Yongdong Severance Hospital Seoul, Korea. Thirty-nine patients underwent a conventional sympathectomy(T1 sympathectomy group), and twenty-one patients underwent division of the sympathetic nerve trunk above the T2 sympathetic ganglion(T2 sympathicotomy). The median follow up was 9 months. Results: All of the treated patients obtained satisfactory alleviation of craniofacial hyperhidrosis. No recurrence was observed in group T1 sympathectomy whereas one occurred in sympathicotomy. The global rate of compensatory sweating was about the same in both groups ; 76.9% in T1 sympathectomy and 76.2% in T2 sympathicotomy. The rate of embarrassing and disabling compensatory sweating was 38.5% in T1 sympathectomy and 38.1% in T2 sympathicotomy with no significant in the statistic analysis(p> 0.05). No transient Horner's syndrome was observed in group T2 sympathicotomy whereas seven occurred in T1 sympathectomy with improvement in follow-up. Only an overnight hospital stay was required in both group. Conclusions: The video-assist thoracoscopic sympathicotomy is minimally invasive and effective. Video-assisted thoracoscopic T2 sympathicotomy has proven to be effective method and less complicated in treating patients with distressing craniofacial hyperhidrosis and consistent in obtaining the same results as T1 sympathectomy.

• Clinics in Shoulder and Elbow
• /
• v.14 no.1
• /
• pp.105-110
• /
• 2011

Purpose: The purpose of this article is to identify and understand the complications of RTSA and to review the current methods of preventing and treating this malady. Materials and Methods: Previous constrained prostheses (ball-and-socket or reverse ball-and-socket designs) have failed because their center of rotation remained lateral to the scapula, which has limited of the motion of the prostheses and produced excessive torque on the glenoid component, and this leads to early loosening. The Grammont reverse prosthesis imposes a new biomechanical environment for the deltoid muscle to act, thus allowing it to compensate for the deficient rotator cuff muscles. Results: The clinical experience does live up to the lofty biomechanical concept and expectations: the reverse prosthesis restores active elevation above $90^{\circ}$ in patients with a cuff-deficient shoulder. However, external rotation often remains limited and particularly in patients with an absent or fat-infiltrated teres minor. Internal rotation is also rarely restored after a reverse prosthesis. Failure to restore sufficient tension in the deltoid may result in prosthetic instability. Conclusion: Finally, surgeons must be aware that the results are less predictable and the complication/revision rates are higher in revision surgery than that in the first surgery. A standardized monitoring tool that has clear definitions and assessment instructions is surely needed to document and then prevent complications after revision surgery.

• The Journal of Fisheries Business Administration
• /
• v.34 no.1
• /
• pp.157-183
• /
• 2003

유류오염 사고를 사전에 예방할 수 있는 정책 수단으로는 여러 가지가 있지만 주요한 것으로는 인센티브제의 활용을 들 수 있다. 유류오염 사고를 예방하고 관리하기 위한 인센티브는 유출 사고로 인해 발생한 해양자원의 피해에 대해 가해자에게 배상책임(liability for losses due to spills)을 부과함으로써 제공될 수 있다. 유류오염 사고로 인한 피해액을 실제 화폐단위로 계량화하는 작업은 배상책임 부과제도를 정책수단으로 활용하기 위해 해결해야 할 가장 어려운 과제이다. 따라서, 최근 미국과 캐나다를 중심으로 발전하고 있는 자연자원 피해에 대한 가치 평가법(Natural Resource Damage Assessment : NRDA)은 배상책임 부과제도를 정책적으로 보완할 수 있는 이론적 도구로 간주되고 있다. NRDA는 잠재적인 가해자들에게 그들이 자연환경을 보존해야 하는 사회적 의무를 이행하지 못하고 이를 훼손하게 될 때 이로 인해 발생하는 모든 사회적 비용을 직접 부담해야 한다는 명확한 재무적 인센티브(financial incentive)를 부여함으로써 가해자 보상 원칙 (polluter pays principle)을 실현 할 수 있게 한다. 본 연구는, 유류오염 사고로 인한 환경자원 피해의 경제적 가치를 추정하는 가장 중요한 이론적 모형으로 활용되고 있는 가상상황평가법(CVM)에 대한 기초 개념과 이론적 체계, 그리고 이를 실제 피해액 추정에 성공적으로 적용시키기 위해 해결해야 할 문제점 등을 다루었다. 이를 위해, 본 연구에서는 1988년 캐나다 북서부 연안에서 발생한 Nestucca 유류오염 사고를 사례연구의 대상으로 선정하고, 사고 당시 캐나다 연방정부와 British Columbia 주정부를 대신하여 해양오염에 의한 환경피해의 경제적 가치를 추정한 미국의 컨설팅 회사인 RCG/Hagler, Baily Inc.의 가상상황평가법(CVM) 적용 사례를 분석 검토하였다. Nestucca 사례연구에서는 이들 연구자들이 실제로 활용한 설문지 설계, 설문방법 및 표본설계 등을 분석하였으며, 또한 CVM이 본질적으로 갖고 있는 방법론적 문제점들을 연구자들이 어떻게 해결하려고 했는가를 고찰하였다. 그리고, WTP 추정을 위해 RCG 연구자들이 사용한 사전규제접근법(ex ante regulatory approach)으로 인해 야기될 수 있는 환경자원 피해액 추정 방법의 한계점도 함께 검토하였다. 캐나다 연방정부와 British Columbia 주정부는 Nestucca 유류오염 사고로 인한 자연 자원 피해에 대한 손해배상으로 $4.3 Million의 보상금을 지급 받게 된다. 캐나다 정부는 이 보상금으로 Nestucca Oil Spill Trust Fund를 설립하여 피해를 입은 자연자원의 원상회복(restoration)을 위한 다양한 연구 프로젝트에 자금을 지원하고 있다. Nestucca 유류오염 사고를 계기로 캐나다 정부와 학계는 해양자원의 피해에 대한 경제적 가치평가와 자원의 원상회복에 대한 체계적인 접근 방안을 처음으로 마련 시행하게 되었다는 점에서, Nestucca 유류오염 사고에 대한 사례연구는 캐나다의 해양환경 보존 정책을 연구하는 출발점으로 평가될 수 있을 것이다. 이에 비해, 우리나라에서 대표적인 유류오염사고로 알려져 있는 시프린스호 사고와 관련된 손해배상금은 주로 연안어민들의 어업피해 배상으로 이루어져 있으며, 간접피해에 대한 배상액 48억 5천만원도 대부분 치어방류, 여수대학교 종묘배양장건립 등 피해지역 연안어업 발전을 위한 사업에 투자되었다.

• Korean Journal of Labor Studies
• /
• v.24 no.2
• /
• pp.321-365
• /
• 2018

Though the British shipbuilding industry dominated the world market in the 19th century, it could not avoid the repetitive rise and fall of the unemployment following after the cyclical fluctuations. Without challenging the employers' rights to fire at will, the boilermakers maintained their own unemployment insurance in order to escape from the new poverty law system. In the beginning the craft union could continue their own unemployment insurance under the National Insurance Act of 1911, but it went into bankruptcy under the massive unemployment of the 1920s and the attacks of shipyard employers. The Act of 1911 was a step towards social solidarity in that it spread the risks beyond the occupational boundaries, applying unemployment insurance to unskilled and non-union workers, and the employer and the government also paid the premium. In the Great Depression, the shipyard trade unions demanded that the government should intervene in the shipbuilding market to provide jobs, but it was not accepted by the government. The government responded only to the another demand of the union for the maintenance, which could be achieved partially through the abnormal operation of the insurance system, abandoning the insurance principle. After all, unemployment in the shipbuilding industry was resolved only by the expansion of rearmaments and the outbreak of World War II. From the 19th century to the World War II, the craft unions did not challenge the employers' right to fire at will and did not attempt to regulate dismissal procedures or make any demands on dismissal compensations. During interwar periods rules and practices related with weak employment protection - one of the main features of the liberal employment adjustment institution - were prevalent in Britain. The principle of 'employment at will' could survive through the historical events such as the World War I, II as the operation of the unemployment insurance became the focus of the social conflicts.