• Journal of Korean Society of Transportation
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• v.20 no.3
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• pp.149-158
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• 2002

For the purpose of preciously describing real time traffic pattern in urban road network, dynamic network loading(DNL) models able to simulate traffic behavior are required. A number of different methods are available, including macroscopic, microscopic dynamic network models, as well as analytical model. Equivalency minimization problem and Variation inequality problem are the analytical models, which include explicit mathematical travel cost function for describing traffic behaviors on the network. While microscopic simulation models move vehicles according to behavioral car-following and cell-transmission. However, DNL models embedding such travel time function have some limitations ; analytical model has lacking of describing traffic characteristics such as relations between flow and speed, between speed and density Microscopic simulation models are the most detailed and realistic, but they are difficult to calibrate and may not be the most practical tools for large-scale networks. To cope with such problems, this paper develops a new DNL model appropriate for dynamic traffic assignment(DTA), The model is combined with vertical queue model representing vehicles as vertical queues at the end of links. In order to compare and to assess the model, we use a contrived example network. From the numerical results, we found that the DNL model presented in the paper were able to describe traffic characteristics with reasonable amount of computing time. The model also showed good relationship between travel time and traffic flow and expressed the feature of backward turn at near capacity.

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

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.209-279
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• 2016

The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.

• Journal of Korea Fair Competition Federation
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• no.150
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• pp.14-29
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• 2010

비록 부정경쟁방지법의 제정 목적이 부정경쟁행위 등의 방지를 통하여 건전한 거래질서를 유지한다는 의미의 경쟁체제 확립에 있기는 하지만, 우리나라의 경우는 법 제정 당시와는 달리 사실상 산업스파이에 대한 영업비밀의 보호나 주지의 상표 영업표지의 보호와 같은 지적재산권의 보호 법률로서의 역할로 점차 변화하고 있고, 특히 부정경쟁방지법이 주지의 상표에 대한 출처의 혼동에 대한 규제뿐만이 아니라 별도로 저명상표의 희석화(稀釋化) 방지라는 법익, 이에 더 나아가 도메인 네임(Domain Name)의 선점과 원산지 및 품질의 오인(誤認) 야기행위, 주지 저명한 타인의 디자인(Design), 캐릭터(Character)와 같은 상품의 표지에 이르기까지 지적재산권과 관련된 보다 넓은 법익의 보호까지 수행하게 되면서 그 기능은 날로 강화되고 있는 상태이다. 이에 반하여 부정경쟁방지법상의 부정경쟁행위 자체에 대한 규제는 사실상 주지 저명한 타인의 상표나 상품표지의 식별력이나 출처표시기능 등의 보호라는 의미의 분쟁수준을 넘지 못하고 있어, '경쟁법'으로서의 역할은 상대적으로 미약해지고 있는 것 또한 현실이다. 또한, 공정거래법 제23조 제1항 제8호를 비롯하여 현행 공정거래법상의 불공정거래행위에 대한 규정체제를 살펴보면, 해석 여하에 따라서는 부정경쟁방지법상의 부정경쟁행위가 대부분 공정거래법상의 불공정거래행위의 범위 내로 포섭될 수도 있는 상황이기도 하다. 이에 양 법률의 성격과 역할, 앞으로 나아가야 할 방향을 고민하지 않을 수 없고, 이와 같은 논의는 발전적 입법론으로서의 가치를 갖는다. 물론 불공정거래행위(부정경쟁행위)에 대한 규제에 있어서 반드시 독일법체계에 따를 것인지 아니면 미국의 경우를 따를 것인지에 대한 선택 자체가 논리적으로 양립 불가능한 것은 아닐 것이지만 우리나라의 경우는 1980년 "독점규제 및 공정거래에 관한 법률"이 제정되는 과정에서 당시 부정경쟁방지법에 담겨 있던 기존의 부정경쟁행위에 대한 규정과 공정거래법상의 불공정거래행위와의 경합이나 중복문제는 마땅히 검토되었어야 했음에도 불구하고 공정 거래법의 제정과정에서 사실상 부정경쟁방지법의 존재 자체가 간과되어 오늘에 이르고 있다. 그동안 양 법률상의 규정 중복이나 충돌을 정식으로 문제 삼았던 바는 없었지만 '발전적 입법론' 이라는 차원에서 살펴 보면 부정경쟁방지법상의 부정경쟁행위에 대한 규제는 앞으로 공정거래법체계 내의 불공정거래행위로 포섭할 필요가 있고 이를 통하여 경쟁정책의 전문 전담기구로서 불공정거래행위에 대한 규제의 중심에 서 있는 공정거래위원회를 중심으로 효율적이고 통일적인 경쟁정책을 확립을 기대하여 볼 수 있을 것이다. 이 과정에서 공정거래법의 변화 또한 뒤따라야 하는데, 부정경쟁방지법상의 부정경쟁행위의 편입에 따라 불공정거래행위에 대한 규정 일부를 알맞게 다시 수정하는 것에 그치지 않고, 기존 부정경쟁방지법이 인정하고 있었던 사인간(私人間) 금지 또는 예방청구권 또한 공정거래법으로 그대로 편입되는 방향으로의 입법 개선이 이루어질 필요가 있으며, 그동안 '부정경쟁방지법의 공정거래법으로의 편입문제'와는 전혀 무관하게 공정거래법의 사적 구제 및 사소(私訴)의 활성화 차원의 논의로서 공정거래법상 사인간 금지청구권의 도입 여부가 검토되어 왔지만, 앞으로 이 문제는 부정경쟁방지법상 부정경쟁행위의 공정거래법체계 내로의 편입문제와 함께 이를 포함한 더욱 큰 논의로서 다시 적극적으로 검토될 필요가 있다고 본다. 이를 통하여 앞으로 부정경쟁방지법은 특허청을 중심으로 산업스파이에 대한 규제나 영업비밀의 보호와 기타 지적재산권의 보호에 온 힘을 다하고, 공정거래법은 공정거래위원회를 중심으로 불공정거래행위 (부정경쟁행위에 대한 보다 포괄적이고 통일적인 규제를 담당하여 '선택과 집중' 이라는 차원의 각 법률체계의 한 차원 높은 발전 또한 기대해 볼 수 있을 것으로 확신한다. 이러한 합의점을 시작으로 미시적인 다음 단계의 논의에 해당하는 사인간 금지청구권의 허용범위나 허용요건, 남용을 방지하기 위한 제도적 장치, 단체소송 등의 허용 여부 등의 논의도 함께 하여야 할 것이고, 이 과정에서 미국의 클레이튼법(Clayton Act)이나 가까운 일본의 입법례를 참고하여 우리의 실정에 맞는 규제의 틀을 마련함이 타당할 것이고, 이를 통하여 궁극적으로 그동안 공정거래법의 사적 집행의 활성화를 통한 경쟁질서의 확립의 강화라는 이상에 더욱 가까워질 수 있는 좋은 입법적 변화의 모습을 볼 수 있을 것이라 생각한다.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.159-201
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• 2019

Along with Annex 14 Volume I establishment in 1951 and the set-up of restriction surface around the runway, aeronautical technique and navigation performance achieved dazzling growth, and the safety and precision of navigation greatly improved. However, restrictions on surrounding obstacles are still valid for safe operation of an aircraft. Standards and criteria for securing safety of aircraft operating around and on airport is stated in Annex 11 Air Traffic Services and Annex 14 Aerodrome etc. In particular, Annex 14 Volume I presents the criteria for limiting obstacles around an airport, such as natural obstacles such as trees, mountains and hills to prevent collisions between aircraft and ground obstacles, and artificial obstacles such as buildings and structures. On the other hand, Annex 14 Volume I, in the application of the obstacles limitation surfaces, apply the exception criteria, as it may not be possible to remove obstacles that violate the criteria if the aeronautical study determines that they do not impair the safety and regularity of aircraft operation. Aeronautical study has been applied and implemented in various countries including United States, Canada and Europe etc. accordingly, Korea established and amended some provisions of the Enforcement rules of the Aviation Act and established the Aeronautical study guidelines to approve exceptions. However, because ICAO does not provide specific guidelines on procedures and methods of Aeronautical study, countries conducting aeronautical study have established and applied their own procedures and methods. Reflecting this realistic situation, at the 12th World Navigation Conference and at the 38th General Assembly, the contracting States demanded a reexamination of the criteria for current obstacle limitation surfaces and methods of aeronautical study, and the ICAO dedicated a team of experts to prepare new standard. This study, in line with the movement of international change in obstacle limitation surface and aeronautical study, aims to compare and analyze current domestic and external standards on obstacle limitation and height limits, while looking at methods, procedure and systems for aeronautical study. In addition, expecting that aeronautical study will be used realistically and universally in assessing the impact of obstacles, we would recommend the institutional improvement of the aeronautical study along with the development of quantitative analysis methods using the navigation data in the current aeronautical study.

• Journal of the Korean Applied Science and Technology
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• v.35 no.4
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• pp.1120-1133
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• 2018

The purpose of this study is to validate the failure attribution factors affecting emotional changes after a failed service by local restaurant users, and the relapse effects of the perceived failure of a customer's brand relationship. In this study, the implications of this study can be divided into the null theory and the homogenous theory, in which the study of the relationship between individual belief that influences the null theory and the post-gender emotional response is minimal. The independence of the crash response (angerous VS compassion) has been equally validated as building a belief-gathering-emotion three-step model. First, emotional BRQ (intimate and love) has a reduction effect on controllable geeks, and behavioral BRQ (relative existence) has an extended effect on controllable geeks. From a management perspective, restaurant managers should be less aware of the repeatability of a customer's service failure and call for customer sympathy. Integratedly, restaurant managers must control the customer's perception of service failure and restore the impact of the customer's BRQ on emotional reactions. A variety of service recovery measures should be established and the cerumen should be controlled. In addition, since BRQs have different effects on anger and sympathy (extended VS), different service failure recovery plans should be presented depending on the characteristics of the customer BRQ. For example, measures such as monetary compensation or fair dealing, emotional distribution to close and loving customers, and persuasion of reciprocal benefits to interdependent customers should be developed according to circumstances. This study explored the effectiveness of the geeks after a service failure and has limitations that do not take into account the various regulatory factors in the BRQ-return-Empression process. Thus, in further studies, the effects of adjusting service failure strength should be considered and a more complete model should be built.

• Journal of Life Science
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• v.32 no.4
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• pp.325-330
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• 2022

While swimming is a very popular competitive sports activity, swimming injuries are unique due to the repetitive nature of the swimming stroke and demanding training programs that can result in upper limb overuse. Therefore, the primary objective of this review was to analyze swimmers' injury areas, injury types by stroke type, and swimming rehabilitation, as well as to discuss safety management for improving swimming performance. In this study, the injuries incurred in swimming events were discussed in the order of upper limb injuries (neck, shoulder, arm, and wrist), lower limb injuries (knee and ankle), and waist injuries. An analysis by stroke type found that shoulder injuries occurred most often with freestyle, backstroke, and butterfly strokes, followed by rotator cuff injury, impingement syndrome, and SLAP (superior labral tear from anterior to posterior) lesions. Knee injuries were associated with the breaststroke, whereas spinal cord injuries occurred with the breaststroke and butterfly stroke. Finally, back injuries were associated with the butterfly stroke. During the freestyle stroke, the shoulder undergoes repetitive overhead movement; hence, shoulder and musculoskeletal pain are the most common and well-documented complaints of swimmers. For safety management, coaches and instructors must ensure that athletes do sufficient warm-up and cool-down exercises to avoid injuries. In case of an injury, they should be familiar with first aid measures so that secondary damage can be prevented with its quick application. In addition, coaches and instructors need to be trained in injury prevention and treatment so that they can provide appropriate rehabilitation treatment for athletes. Although swimming-related injuries cannot be completely eliminated, to reduce them to a minimum, leaders need the knowledge to apply scientific and systematic training principles and methods individualized for each athlete.

• (The) Research of the performance art and culture
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• no.22
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• pp.253-285
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• 2011

The number of "Performing Arts Festivals" is growing increasingly in South Korea. This trend is mainly held in large cities which are difficult to communicate closely among residents. South Korea, while the pace of city life and speed of development are very fast, increasing number of "Performing Arts Festivals" with communal characteristics is in the natural process of festival evolution in large cities. In the evolution of the contemporary festival, it is natural to see some increase of modern festival after the development of traditional and folk festivals. It is important that the "Performing Arts Festivals" express the two elements, artistic character and festivity, not only in distinctively but also in harmony. The "Performing Arts Festivals" should consider the process of the organization, human resources, networking systems of the human communication process, resource use, etc. For the success of the festival, we must obtain the complementary effects between two attributes:festival characteristics and artistic senses. Therefore, we chose the 'Festival d'Avignon' as the reference of the total representation of artistic characteristics and festivity. From the case of the Festival d'Avignon, we get the implications of the development of performing arts festival in South Korea. To explain the festival value and artistic significance of the Festival d'Avignon, we explained the spontaneity and openness to public participation, the relationship between spectators and works, the representation of memory and communicative image, etc. To explain the artistic attributes of the 'Festival d'Avignon', we explained the mission to reconcile the artistic and the popular, to promote the artistic know-how, understanding how to communicate with the public, to consider more artistic quality than commercial benefits. Essentially, this study shows the meaning and the vision to forecast the future as well as the recent proliferation in various fields of Performing Arts Festivals. This study may help to improve analytical precision of Performing Arts Festivals.

• Economic and Environmental Geology
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• v.39 no.4 s.179
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• pp.369-384
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• 2006

Korean Peninsula, located on the southeastern part of Eurasian plate, belongs to the intraplate region. The characteristics of intraplate earthquake show the low and rare seismicity and the sparse and irregular distribution of epicenters comparing to interplate earthquake. To evaluate the exact seismic activity in intraplate region, long-term seismic data including historical earthquake data should be archived. Fortunately the long-term historical earthquake records about 2,000 years are available in Korea Peninsula. By the analysis of this historical and instrumental earthquake data, seismic activity was very high in 16-18 centuries and is more active at the Yellow sea area than East sea area. Comparing to the high seismic activity of the north-eastern China in 16-18 centuries, it is inferred that seismic activity in two regions shows close relationship. Also general trend of epicenter distribution shows the SE-NW direction. In Korea Peninsula, the first seismic station was installed at Incheon in 1905 and 5 additional seismic stations were installed till 1943. There was no seismic station from 1945 to 1962, but a World Wide Standardized Seismograph was installed at Seoul in 1963. In 1990, Korean Meteorological Adminstration(KMA) had established centralized modem seismic network in real-time, consisted of 12 stations. After that time, many institutes tried to expand their own seismic networks in Korea Peninsula. Now KMA operates 35 velocity-type seismic stations and 75 accelerometers and Korea Institute of Geoscience and Mineral Resources operates 32 and 16 stations, respectively. Korea Institute of Nuclear Safety and Korea Electric Power Research Institute operate 4 and 13 stations, consisted of velocity-type and accelerometer. In and around the Korean Peninsula, 27 intraplate earthquake mechanisms since 1936 were analyzed to understand the regional stress orientation and tectonics. These earthquakes are largest ones in this century and may represent the characteristics of earthquake in this region. Focal mechanism of these earthquakes show predominant strike-slip faulting with small amount of thrust components. The average P-axis is almost horizontal ENE-WSW. In north-eastern China, strike-slip faulting is dominant and nearly horizontal average P-axis in ENE-WSW is very similar with the Korean Peninsula. On the other hand, in the eastern part of East Sea, thrust faulting is dominant and average P-axis is horizontal with ESE-WNW. This indicate that not only the subducting Pacific Plate in east but also the indenting Indian Plate controls earthquake mechanism in the far east of the Eurasian Plate. Crustal velocity model is very important to determine the hypocenters of the local earthquakes. But the crust model in and around Korean Peninsula is not clear till now, because the sufficient seismic data could not accumulated. To solve this problem, reflection and refraction seismic survey and seismic wave analysis method were simultaneously applied to two long cross-section traversing the southern Korean Peninsula since 2002. This survey should be continuously conducted.