• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.33 no.1
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• pp.97-109
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• 2015

This study was focused on the placeness of Nogosan Dokjae-dong and rock inscription located in Jangheung-myeon, Yangju-si, Gyeonggi-do. The purpose was to reveal the implication of Nogosan and Dokjae-dong Valley in terms of Historic cultural landscape by considering the characteristics of the place and its landscape, and inferring the significance of the letters engraved on the rock. The result is as follows.10) Samgaksan is one of the five famous mountains in Korea. It is the sacred mountain that stands behind the capital city of the Joseon Dynasty that lasted for 600 years. On the other hand, the placeness of Nogosan is significant since it was the place where people used to bow low to the three great summits of Samgaksan. Furthermore, Nogosan was the perfect place to view Samgaksan that represented the Joseon spirit. Many letters were engraved on the rocks around Dokjae-dong Valley by Misu Heo Mok(許穆) as part of his memories to describe his experience in the mountain and became a scenery. Chusa(秋史) Kim Jung-Hee(金正喜) also engraved letters of 'Mongjae' on the rock that contains a double meaning. Literally, it means 'a dreaming house' However, it also implies that even just a daydream is significant in a way. These letters are presumed to be the signs that are related to Sung-Jae(性齋) Heo Jeon(許傳)'s experience in Dokjae-dong since the letters were part of his famous book title. Below these two letters, Chusa also engraved letters that describe the sexagenary cycle including the year of the rat, horse, dog, and tiger. They are regarded as the letters that describe the fate of Chusa's friend, a scholar born in May 1804. Nogosan and Dongjae-dong Valley are very significant in terms of historic cultural landscape as a viewpoint to see Samgaksan; and a place that cherishes the traces of Misu and shows common values and cohesiveness of well-known scholars of the Joseon Dynasty including Song Wol-Jae(松月齋) and Sung-Jae as a of Gihonamin(畿湖南人). The engraved letters of Chusa and Misu also implicitly demonstrates the major trends of Korea's calligraphy history.

• Korea journal of population studies
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• v.19 no.1
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• pp.139-159
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• 1996

This study comparatively examines a causal model of employee attatchment which focuses on employee's organizational commitment and intent to stay with an organization. This study is based on two separate studies of employee attachment among teachers : the U.S. case of the Chicago Public Schools (CPS) and the South Korean case of the Seoul Educational District (SED). The main purpose of this study is to replicate in Korea the CPS study. A revised model based on the unique characteristics of Korean teachers is also developed and estimated. The Price Mueller model of employee attachment provides the basic theoretical framework for this study. It includes five general classes of variables : 1) employee responses to work variables : job satisfaction, commitment, and intent to stay; 2) psychological stress variables: role ambiguity, role conflict, work overload, and quality of students; 3) social structural variables: autonomy, routinization, distributive justice, and legitimacy; 4) economic structural variables: pay, job security, promotional opportunities, and job opportunities; and 5) work orientation variables : career commitment, normative commitment, work motivation, affectivity, work values, and met expectations. The data was collected through questionnaire survey and a sample of 649 secondary school teachers in Seoul, South Korea, was included in the final analysis. Covariance structure analysis (LISREL) was used to estimate the causal model. The results indicate that the endogenous variables of job satisfaction and commitment play a considerably less important role than in the U.S. model in mediating the effects of the exogenous variables on intent to stay, and the model fails to explain the majority of the variance in intent to stay. In addition, the new variables added to the revised Korean model do not bave significant effects on intent to stay. The structural characteristics of the employment relationship and labor markets associated with Korean teachers forced mobility and closed external markets - are largely accountable for the major differences between the Korean and the U.S. cases. The study suggests that conceptual and empirical work on what produces employee attachment under these structural constraints needs to receive more attention in future studies.

• Journal of Science and Technology Studies
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• v.16 no.2
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• pp.99-147
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• 2016

This paper critically reviews the previous discussion over public engagement with science and technology by Science and Technology Studies literatures with a focus on justification and acceptance. Recent studies pointed out that the "participatory turn" after the late 1990s was followed by confusion and disagreement over the meaning and agency of public engagement. Their discussion over the reproduction of the ever-present boundary between science and society along with so-called late modernity and post-normal science and sometimes through the very processes of public engagement draws fresh attention to the old problem: how can lay participation in decision-making be justified, even if we agree that privileging the position of experts in governance of science and technology is no longer justified? So far STS have focused on two conditions for participatory turn-1) uncertainties inherent in experts' ways of knowing and 2) practicability of lay knowledge. This paper first explicated why such discussion has not been logically sufficient nor successful in promoting a wide and well-thought-out acceptance of public engagement. Then the paper made a preliminary attempt to explain what new types of expertise can support the construction and sustainment of participatory governance in science and technology by focusing on one case of lay participation. The particular case discussed by the paper revolves around the actions of a civil organization and an activist who led legal and regulatory changes in wind power development in Jeju Special Self-governing Province. The paper analyzed the types of expertise constructed to be effective and legitimate during the constitution of participatory energy governance and the local society's support for it. The arguments of this paper can be summarized as follows. First, an appropriate basis of the normative claim that science and technology governance should make participatory turn cannot be drawn from the essential characteristics of lay publics-as little as of experts. Second, the type of 'expertise' which can justify participatory governance can only be constructed a posteriori as a result of the practices to re-construct the boundaries between factual statements and value judgment. Third, an intermediary expertise, which this paper defines as a type of expertise in forming human-nonhuman associations and their new pathways for circulations, made significant contribution in laying out the legal and regulatory foundation for revenue sharing in Jeju wind power development. Fourth, experts' conventional ways of knowing need to be supplemented, not supplanted, by lay expertise. Ultimately, the paper calls for the necessity to extend STS discussion over governance toward following the actors. What needs more thorough analysis is such actors' narratives and practices to re-construct the boundaries between the past and present, facts and values, science and society. STS needs a renewed focus on the actual sites of conflicts and decision-making in discussing participatory governance.

• Journal of Korean Philosophical Society
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• v.129
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• pp.111-140
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• 2014

In this paper, the main subjects with which I deal are as follows: (1) Is Distancing Philosophy from the real ruling power a way of practical-philosophical resistance, based on social reformation as a axiological directivity of Kim Tae-Gil's ethical thought, though it is negative type of resistance? Or is it a sort of transformed value-free opportunist behavior which allows antidemocratic ruling group to coerce the people into submission, assuming an uncompromising stand seemingly? (2) Is Kim's defense argument on the opening of the course of National Ethics and the all-out activation of National Ethics education under Park's Yushin Regime derived from his own philosophical belief? Or is it brought out from the external conditions and circumstances surrounding Kim Tae-Gil which forces him to participate in the national undertaking for the settlement of the course of National Ethics in the university? The 'provisional' answers about the two subjects are as follows: (1) Kim's Distancing Philosophy is a type of practical philosophical revolt against the dictatorship power under Yushin Regime, though it is negative form of resistance. We can accept this philosophical elucidation above all by confirming the fact that the reform of reality is the main ethical trait running through his entire ethical thought system. However distancing philosophy disclose the crucial limits to allow itself to boil to the philosophical practice compromising with real ruling power eventually, though it is intended upon its own social ethical directivity and conviction. (2) The primary factor which affects Kim to propose such an advocation argument on the course of National Ethics and the education of National Ethics is the external conditions and circumstances surrounding him, especially the power-relation between he and ruling group and intimate human relation between he and his superior philosophers who carries out the role of a ideologue for the Yushin Regime, rather than his own philosophical belief. But no matter what primary factor, Kim's action to make a advocating argument to support the course and the education of National Ethics is to blame, on that account that he cannot adequately his social responsibility and role given to him as a reformist moral philosopher who will pursue the realization of righteous democratic society. Along with that, It is not too enough to criticize him sharply for such defending action. The reason is that his supporting stance for National Ethics education is brought out, by not adhering closely to the philosophical way of distancing from the dictatorial power devoid of political legitimacy and moral justification.