• Title/Summary/Keyword: 인정 정책

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The Application of the Principle of "Preserving the Original Form" to Intangible Heritage and Its Meaning (무형문화재 '원형규범'의 이행과 의미 고찰)

  • Lee, Jae Phil
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.146-165
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    • 2016
  • With the introduction of the system of recognizing masters of craft and performance skills in 1970, the principle of "preserving the original form," which was already in general use, was adopted as a legal principle in the Cultural Heritage Protection Act. While the concept "original form" can be related to tangible elements of heritage through the Act, the intangibility of craft and performance skills does not allow their pinpointing at a particular temporal period or the identification of a particular master from the past as the basis of an original form. Therefore, those craft or performance skills that are available at the point of recognition of relevant masters must serve as the basis of the original form for the intangible heritage concerned. This means that the principle of preserving the original form of intangible heritage has been implemented not based on a fundamental form of materiality, but rather on the craft or performance skills that may be held by a master at the time of his/her recognition as a "temporary original form." This principle has been observed through intangible heritage transmission and education policies for recognized masters and their trainees, contributing to establish an elitist transmission environment in which public were denied to join the education on intangible heritage. Even with policies guided by the principle of preserving the original form, designated craft and performance skills have been transformed contingent upon given social and environmental conditions, thus hindering the preservation of the original form. Despite the intrinsic limitations of the principle of preserving the original form when applied to intangible heritage, this principle has served as a practical guideline for protecting traditional Korean culture from external influences such as modernization and Westernization, and also as an ultimate goal for the safeguarding of intangible heritage, engendering actual policy effects. The Act on the Safeguarding and Promotion of Intangible Cultural Heritage that comes into effect in March 2016 takes the constantly evolving nature of intangible heritage into consideration and resultantly adopts a concept of "essential form" (jeonhyeong) in place of "original form" (wonhyeong). This new concept allows for any transformations that may take place in the environment surrounding the intangible heritage concerned, and is intended to mitigate the rigidity of the concept of "original form." However, it should be noted that "essential form," which is manifested as the unique significance, knowledge, and skills delivered by the intangible heritage concerned, should be maintained according to the guidelines and principles related to heritage conservation. Therefore, the new concept can be understood not as a rupture, but more as a continuum of the concept of "original form."

U.S. Admiralty Jurisdiction over aviation claims (항공사고에 관한 미국 해사법정관할)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.3-35
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    • 2016
  • The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.

An Analysis on Policy of Independent College using the Four-Dimensional Framework (중국의 독립학원 정책 분석 : 다차원 교육정책분석 모형을 중심으로)

  • Wu, Shan;Chung, Jae Young;Jang, Su Yeon
    • Korean Journal of Comparative Education
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    • v.27 no.1
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    • pp.171-197
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    • 2017
  • China's independent college approved private education investment, and facilitates the use of funds to support individual investors, corporations, and society. In contrast to China's public universities, the college guarantee private school method of operation. Its bachelor's degree, admission to students, the establishment of a separate corporation, and the recognition of scholastic achievements, was established with the aim of ensuring the diversity of higher education institutions in China. However, since the early 1990s, the independent college, which has emerged as a new way of higher education in China, has achieved quantitative growth over the past 30 years, but the quality of education has not yet grown. The reason why the independent college in China is interested is that it receives support from the facilities and professors of the original public college, and the major in which it is established and shares the reputation of the university. This study tried to analyze the policy of independent college which is a unique higher education institution in China. For this purpose, we use Four-Dimensional Framework to analyze the problem of China's independent colleges. It examines the profitability and non-profitability of independent college as a normative dimension and analyzes the Chinese society that have the old "guanxi" culture core in China. On the structural dimension, we analyzed the structure of the relationship in educational administrative institution. On the constituentive dimension, we observed that the various stakeholders who are interested in the independent college policy. Finally, we searched for future directions of the independent college centered on the process of legalization of independent colleges in technical dimension. The results of this analysis suggest the implications of the direction of China's independent college policy.

A Comparison of Adult Literacy Policies of UK and Australia (영국과 호주의 성인문해교육정책 비교 분석)

  • Chae, Jae-Eun;Heo, Joon;Lee, Jihye
    • Korean Journal of Comparative Education
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    • v.28 no.6
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    • pp.29-52
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    • 2018
  • Social changes have added to new challenges to adult literacy policies in Korea. These changes not only require most adults to improve their literacy skills, but also require them to learn new competencies. In this context, this study aims to examine whether the Korean literacy policy has properly responded to the new literacy needs. For this purpose, this study not only aims to examine the adult literacy policies of UK and Australia, but also plans to suggest implications for the Korean government. The findings of the study are as follow. Both UK and Australian governments have developed literacy education funding programs, performance management system, and professional development program for literacy educators, all of which are needed for the provision of high quality adult literacy programs. The Korean government has also implemented the similar system since it formulated the adult literacy policy in 2006. However, there are significant differences between the Korean case and those of Australia and UK. Where both UK and Australia governments target every adult who has needs for literacy education, the Korean government only targets the poorly-educated elderly. Accordingly, the Korean government has failed to accommodate various literacy needs of adults. As a way of addressing the limitations of the Korean policy, the government should innovate the adult literacy policy in a way that it helps every adult develop knowledge and skills at anytime and anywhere.

The Plan for an Improvement and New Policy in The Rationalization of Electric Rates System (전기요금제도 합리화를 위한 개선방안과 새로운 정책방향)

  • 신정식
    • JOURNAL OF ELECTRICAL WORLD
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    • no.1 s.145
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    • pp.22-28
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    • 1989
  • 우리나라의 전기요금제도는 각종 정책적 요인을 반영하면서 형성되어 왔으므로 근본적인 가격결정원칙이 결여되고 있으며 가격결정의 일반원칙에 비추어 볼때 여러 문제점들이 노출되고 있다. 본호에서는 현행 전기요금구조의 개선방안으로서 주택용 전기요금의 누진구조 완화, 업무용 전기요금의 1, 2종 구분폐지, 산업용 최대부하요금의 시간대 구분변경 및 요금차등률의 적정화, 그리고 기본요금 비중의 조정을 제안하고 있다. 또한, 전기사업의 새로운 여건변화에 부합하는 장기적인 전기요금 정책방향을 다음과 같이 제시하고 있다. 첫째, 에너지 경합시대에 대응하는 시장경쟁형 전기가격 결정원칙으로서 한계비용 가격원칙의 채택이 필요하다. 둘째, 수요관리형 전기가격 정책방안으로서 최대부하 요금제도의 확대적용, 소비자 선택형 요금제도의 실시, 그리고 전전화 수요가요금제도의 도입에 과한 정책검토가 요망된다. 셋째, 전기요금수준적정화를 위해서는 정책적요인에 의한 전기가격 왜곡요인 배제, 독점기업으로서의 전기사업자의 비효율성 해소, 투자정보율 규제에 대신하는 전기사업자의 합리화 인센티브 규제, 경영부실에 기인하는 비용증대 부분의 불인정, 이시점간설비투자비의 적정배분등을 통하여 전기요금수준인하를 모색하여야겠다. 끝으로 전기요금 개정시 이해당사자들의 견해를 공개적으로 반영시킬 수 있도록 전기가격 조정심의기구와 같은 제도적 장치이 설치가 요망된다.

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Development of a Business Model for Korean Insurance Companies with the Analysis of Fiduciary Relationship Persistency Rate (신뢰관계 유지율 분석을 통한 보험회사의 비즈니스 모델 개발)

  • 최인수;홍복안
    • Journal of the Korea Society of Computer and Information
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    • v.6 no.4
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    • pp.188-205
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    • 2001
  • Insurer's duty of declaration is based on reciprocity of principle of the highest good, and recently it is widely recognized in the British and American insurance circles. The conception of fiduciary relationship is no longer equity or the legal theory which is only confined to the nations with Anglo-American laws. Therefore, recognizing the fiduciary relationship as the essence of insurance contract, which is more closely related to public interest than any other fields. will serve an efficient measure to seek fair and reasonable relationship with contractor, and provide legal foundation which permits contractor to bring an action for damage against violation of insurer's duty of declaration. In the future, only when the fiduciary relationship is approved as the essence of insurance contract, the business performance and quality of insurance industry is expected to increase. Therefore, to keep well this fiduciary relationship, or increase the fiduciary relationship persistency rates seems to be the bottom line in the insurance industry. In this paper, we developed a fiduciary relationship maintenance ratio based on comparison by case, which is represented with usually maintained contract months to paid months, based on each contract of the basis point. In this paper we have developed a new business model seeking the maximum profit with low cost and high efficiency, management policy of putting its priority on its substantiality, as an improvement measure to break away from the vicious circle of high cost and low efficiency, and management policy of putting its priority on its external growth(expansion of market share).

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Will China Refashion the Asian Maritime Order? (중국이 아시아 해양질서를 개편할 수 있나?)

  • McDevitt, Michael
    • Strategy21
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    • s.33
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    • pp.202-221
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    • 2014
  • 시진핑 시대를 맞이하여 중국은 국제사회에서 높아진 중국의 위상에 부응하는 지위와 권한을 인정받을 수 있는 외교정책으로서 최소한의 요구조건이 바로 핵심 이익(Core interests)을 지켜내는 것이며 이와 관련하여 국정목표로 '중국의 꿈'의 실현을 제시했다. 이에 따라 중국은 해양 분야에서 해양강국의 특징으로 다음 네 가지를 들고 있다. 첫째는 해양 경제 발전이며, 둘째는 해양 과학기술의 혁신, 셋째는 우아하고 아름다운 해양생태환경 조성, 넷째는 해양 방위능력을 중강하여 국가주권을 효과적으로 방위하고 해양의 평화발전을 수호하는 강력한 실력을 갖추는 것이다. 작금의 정세에서 보여지듯이 중국은 서해를 비롯하여 동·남중국해에서 매우 도전적인 해양활동을 보이고 있다. 이는 그동안 미국의 지역에 안정과 평화를 유지하기 위해 군사력을 주둔시켜 온 미국의 동아시아 해상정책에 대한 도전으로도 인식되기에 충분하다. 그렇다면 이에 대한 미국의 역할은 무엇인가. 필자는 다음 네 가지를 주장한다. 첫째, 더 좋은 상황 조성을 위해 역할 한다. 둘째, 모든 문제에 대해 방관자적인 입장에 선다. 셋째, 중국에 대해 보다 강경한 입장을 취한다. 넷째, 현상유지를 위해 노력한다.

Police Officers to Identify the Impact of the Job Satisfaction (경찰공무원의 직무만족 영향요인에 관한 연구)

  • Shin, Seung-Gyoon
    • The Journal of the Korea Contents Association
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    • v.9 no.12
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    • pp.314-321
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    • 2009
  • This study investigates how the external factors of police organization, such as organizational environments, job characteristics, and compensations can influence job satisfaction and organizational commitment. Especially, this study considers what kind of organizational culture is dominant and what kind of compensation influences job satisfaction and organizational commitment in Korea. The purpose of this study is to find out the ways to maximize compensation and job satisfaction of police officers and to improve organizational commitment. The results are as follows: First, the more perceived job interest, social approval, organizational cohesion, and financial compensation, the higher job satisfaction, whereas the more perceived work environment, the lower job satisfaction. Second, the more perceived job interest, social approval, organizational cohesion, and financial compensation, the higher job satisfaction. However, the perceived work environment does not influence the job satisfaction. Third, the higher job satisfaction, the higher organizational commitment. Fourth, organizational cohesion, financial compensation and organizational environment have an effect on organizational commitment mediated by job satisfaction.

Is the Precautionary Principle Unscientific?: 'Rationality' of the Precautionary Principle and its Conflicts with Risk Analysis Framework (사전주의의 원칙은 비과학적인가?: 위험 분석과의 논쟁을 통해 본 사전주의 원칙의 '합리성')

  • Ha, Dae-Cheong
    • Journal of Science and Technology Studies
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    • v.10 no.2
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    • pp.143-174
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    • 2010
  • How can a regulatory policy to address potential hazards be made legitimate in the face of scientific uncertainty? The precautionary principle has been gradually regarded as the most persuasive answer to this intricate question in Europe since the 1970s and generally recognized as a guiding principle in international environmental law. This principle, however, has often been subject to diverse concerns and criticisms due to its vague definition. This article tries to elaborate the precautionary principle while reviewing both the validity and unreasonableness of these criticisms over this principle. Then, this article explores the policy relevance of this principle by applying this elaborated definition to the concrete case of risk governance such as the risk assesment of food safety. In the end, this paper emphasizes the fact that the precautionary principle can be applied in the field of risk governance, refuting the argument that the precautionary principle is only a moral attitude or a political position.

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Type Approval System of Terminal Equipment in Australia (호주의 단말장치 형식승인제도 및 기술기준 동향분석)

  • Kim, Y.T.;Sohn, H.
    • Electronics and Telecommunications Trends
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    • v.9 no.4
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    • pp.83-98
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    • 1994
  • 통신 장비 및 서비스 시장의 개방화에 따른 국가간 경쟁 체제 속에서 통신 정책 입안자의 관심이 단말 장치에 대한 형식 승인 제도의 세부 규정과 절차의 명확성을 위한 각종 제도 장비, 그리고 단말 장치 기술 기준의 효율적 운용 방안 등에 모아지고 있다. 이를 반영하여 호주는 1991년 전기 통신법의 개정, 형식 승인 기관인 AUSTEL의 기능 강화, 국가 및 지역간의 형식 승인 조화를 위한 AUSTEL의 국제적인 각종 활동 등을 통하여 대내 외적으로 형식 승인제도와 형식승인 기술 기준의 미비점을 보완해왔으며, 현재 세계 각국과의 형식승인 상호인정을 위한 효율적인 활동체계를 구축하고 있다. 본 고는 단말 장치 형식 승인 제도 운영 등에 활발한 움직임을 보여주고 있는 호주의 형식 승인 지침(Technical Approvals Guide No.3)과 전화망 접속 기술 기준(TS-002)의 적용 동향을 파악하여, 최근 호주와 형식 승인 상호 인정을 계획하고 있는 우리나라의 통신 협상 대응 방안 설정시 활용하고자 한다.