• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.73-98
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• 2016

This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.10 no.5
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• pp.209-217
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• 2015

Development of food industry and increased city life induced enlarged generation of food waste which is currently reused in a wide range of way. In this study, treatment of food waste generated from the public agricultural product wholesale markets (they are categorized as business places which imposes the duty for reducing the food waste discarded) in Korea was investigated, and subsequently, a scheme for improving the food waste recycling business was suggested. The food waste treatment plants are mainly located in Kyeongki-do at 39.5% of total plants in Korea and the other provinces have less than 10% of the total numbers, among which public treatment plant was 38.0% and private plant was 62.0%. The treatment methods included recycling as animal feed at 47.5%, as compost at 36.4%, and the rest of food waste (12.6%) was treated in other ways. Remarkably, it was noticed that the amount of food waste treated in anaerobic digestion have been increased up to 5.4% since 2011. This implied that food waste treated in anaerobic digestion method is gradually increased according to government policy. Amongst 33 public agricultural product wholesale markets distributed all over the country, the trading volume dealt in Garakdong market in Seoul, Gangseo market in Seoul, Daegu market in Daeju, Eomgung market in Busan, Guri market in Guri accounted for 34.67, 7.47, 6.98, 5.41, and 5.30% of the total trading volume in Korea, respectively. 2.65% of the total trading agricultural products dealt in the markets were remained as food waste and treated. In 2006, Ministry of Agriculture, Food and Rural Affairs implemented the package policy for radish and Chinese cabbage in order to reduce the amount of food waste and indeed, food waste generated in Garakdong market declined to one third of the food waste before the package policy implementation. In 2010, the food waste amount treated by 'dehydration', 'discarding as raw materials', and 'drying after dehydration' accounted for 56.3%, 33.7%, and 10.0% of the total food waste generated in the public agricultural product wholesale market. However, in 2013, discarding as raw materials accounted for the most at 56.3% followed by dehydration at 37.5%, and by drying after dehydration at 6.3%. The remarkable increment of the food waste discarded as raw materials was attributed to the increase of them in Garakdong market in Seoul. In general, the agricultural food waste contains high amount of moisture at 88% in average and low amount of salt at 0.02% in average. Therefore, it is highly recommended to treat the agricultural food waste through drying after dehydration in order for improving the treatment capability. Also, this recommendation can be supported by the fact that the end-products via drying after dehydration can be utilized as compost material. Overall, the agricultural food waste recycling business can be developed through integration of the treatment via 'drying after dehydration' and compost production.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.81-120
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• 2018

To promote the aviation safety reporting system that is operated to enhance aviation safety and to utilize related information, it should first be preceded by standards for non-punishment and data protection. It is because the purpose of collection and analysis of aviation safety related data through the aviation safety reporting system is to prevent recurrence of accidents by investigating their causes through collection and analysis of diverse types of information related to aviation safety. Both mandatory and voluntary reporting systems are in operation for aviation safety under the current Aviation Safety Act. It is said that they were introduced to survey causes for accidents and to prevent recurrences. In fact, however, it is hard to expect active implementation of the reporting system for aviation safety unless the reporters are firstly exempted from punishment. Therefore, the system should be improved so that it can satisfy its purpose and the purposes of data collection concerning aviation safety through examination of the purposes of the reporting system. One of the matters that needs to be considered to promote the reporting system should be the scope of aviation safety hindrances presupposed under the current institution. The voluntary aviation safety reporting system differs from the systems of ICAO or the key advanced countries, including the USA and the UK as it limits the target accidents subject to reporting to minor aviation safety hindrances only. That being said, improvements should be made by requiring mandatory reporting of aviation safety hindrances based on their severity while recognizing a greater variety of aviation safety concerns like international standards. Safety actions and sharing of information based on collection and analysis of diverse data related to aviation safety will greatly contribute to enhance aviation safety as the purposes of the reporting system are to explore causes for accidents and to prevent their recurrences. What is most important in this regard is strict data protection and non-punishment principles; compliance with them should be secured. We can hardly expect the successful operation of the system unless the reporter is exempted from punishment and the relevant data is protected as promotion of voluntary reporting is an essential factor for enhancing the safety culture. Otherwise, the current system may induce hiding of relevant facts or data to evade punishment. It is true that the regulation for enhancing safety tends to have limitations or blind spots; nevertheless, it should still be enforced strictly and completely. Technological progresses and mistakes of operators appear in different forms based on individual cases. The consequential damages may amount to a truly severe level. Therefore, we have studied and suggested to the methods of activiation and amendments on the aviation safety reporting system, which is referred for one of the proactive safety management systems. The proposed improvement of the reporting system and introduction of non-punishment for collection of aviation safety data for deploying a preemptive prevention system would serve as the backbone for enhancing aviation safety in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.183-221
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• 2013

While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

• Korean Journal of Social Welfare
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• v.50
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• pp.235-263
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• 2002

The present study is designed to explore restructuring direction of the old-age income maintenance system and development direction of the Seniority Pension Scheme(SPS) in Korea. While the SPS is trifling scheme with tiny benefit amount and small budget, the SPS has important role that function as only public income maintenance scheme for both the low income class and the excluded from public pension and public assistance at present stage because of immature National Pension. This study starts with the research question why serious mis-matching problem between needs and resources in old-age income maintenance system occur. Thus this study explores fundamental change direction of the old-age income maintenance system which is coincide with further situation change(demography, labour market, family structure). Also this study explores desirable SPS's development direction as taking into account relation with other public old-age income maintenance system. This paper suggests basic direction of old-age income maintenance system as follows: principle of universal and individual security; principle of sustainability; principle of equity. Under general principle, this paper also proposes largely two development scenario of the SPS. The one is to maintain present transitional and provisional scheme with trying scheme's substantiality. The other is to change into permanent old-age income maintenance scheme for the excluded public pension and public assistance. At this point it is the public pension's role that the SPS's development direction is determined. If the public pension keep one pension per one earner as present system, non-contribution pension as present SPS should maintain continuously. However, if the public pension reorganize into basic pension of one pension per one person and earning-related pension, the SPS should be managed temporarily until mature of public pension. Therefore whether the public pension play basic security role for all elderly or not will determine the SPS development direction.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.17 no.6
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• pp.89-104
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• 2022

Entrepreneurship by seniors who have accumulated skills and expertise in the industrial field is very important from a social point of view. This study aimed at seniors to find out the major start-up capabilities of seniors in an economic situation where instability factors and uncertainties are amplified due to the social structure of jobs that has changed due to COVID-19 during the 4th industrial revolution and the rapidly progressing high interest rates and global supply chain problems. The purpose of this study was to empirically verify how variables affect entrepreneurial intention. In addition, from the perspective of mindset, which is the individual psychological characteristic of pre-entrepreneurs, we tried to empirically verify whether growth mindset and fixed mindset have a significant effect on senior entrepreneurship intention. The psychological characteristics of founders were approached from the perspective of mindset, and an attempt was made to apply them to the field of entrepreneurship and to obtain practical implications. This study empirically analyzed the effects of growth mindset, fixed mindset, technical competency, network competency, and funding competency, which are components of mindset, on senior entrepreneurial intention, and verified the mediating effect of entrepreneurial efficacy. As a result of the empirical analysis, it was verified that growth mindset and technological competency had a positive (+) effect on entrepreneurial intention. In addition, it was verified that the mediating effect of entrepreneurial efficacy was significant in the influence of growth mindset and technological competency on entrepreneurial intention, and it was verified that growth mindset and technological competency are important variables in senior entrepreneurship. The study results provide the following policy implications. In order to activate senior entrepreneurship, first, to maximize the effect of founder education, programs such as customized entrepreneurship education that match the growth mindset characteristics, which are the psychological characteristics of founders, are needed. Second, it is required to expand the base of technology startups by expanding government support, such as expanding low-interest policy financing, for senior startups with technological capabilities and expertise. Third, it is necessary to provide institutional support for starting a business, such as providing a start-up program even before retirement, so that the expertise and technology accumulated by seniors can be linked to start-ups even after retirement.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.9-53
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• 2004

This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).

• Convergence Security Journal
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• v.15 no.6_1
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• pp.79-92
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• 2015

It is required to expand area of inter-Korean economic cooperation, being limited to non-military field, to military field and then, to positively promote arms control in order to establish foundation for peaceful reunification in Korean peninsula. Reasons why arms control has not been promoted between South and North Korea in the meantime were such original factors as follows; (1) limit of confidence building between the South and the North, (2) functional limit of arms control itself, (3) institutional structural limit between the South and the North, (4) environmental limit at home and abroad. It is necessary to get out from existing frame and to seek a new paradigm in order to overcome above factors and to realize arms control between the South and the North. First, it is required to have prior political dialog at the South-North high-level talks in order to promote arms control and to exercise 'strategic flexibility' during negotiation and promotion process. For this, 'flexible reciprocity' has to be adopted in compliance with situation and conditions. Second, it is necessary to get out from existing principle of 'confidence building in advance and arms reduction later' but to seek the 'simultaneous driving principle of confidence building and arms reduction' as an eclectic approach. Namely, based on reasonable sufficiency, it is required to promote military confidence building and limited arms reduction in parallel, which is a lower level of arms control. Third, as an advisory body of Prime Minister's Office, it is necessary to install an organization exclusively responsible for arms control and to positively handle arms control issue from the standpoint of national policy strategy. If the South-North high-level talks take place, it is necessary to organize and operate 'South-North Joint Arms Control Promotion Board (tentative name)'. Fourth, it is required to exercise more active diplomatic competence in order to create national consensus on necessity of arms control for peaceful reunification and to form more favorable international environment. Especially, it is necessary to think about how to solve nuclear issue of North Korea together in collaboration with international society and how to maintain balance between ROK-US alliance and Sino-Korean cooperation relations.

• Journal of Venture Innovation
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• v.4 no.1
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• pp.51-65
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• 2021

The HR policy in the public sector was closed and operated mainly on written tests, but in 2006, a new evaluation, promotion and education system based on competence was introduced in the promotion and selection system of civil servants. In particular, the seniority-oriented promotion system was evaluated based on competence by operating an Assessment Center related to promotion. Competency evaluation is known to be the most reliable and valid evaluation method among the evaluation methods used to date and is also known to have high predictive feasibility for performance. In 2001, 19 government standard competency models were designed. In 2006, the competency assessment was implemented with the implementation of the high-ranking civil service team system. In the public sector, the purpose of the competency evaluation is mainly to select third-grade civil servants, assign fourth-grade civil servants, and promotion fifth-grade civil servants. However, competency assessments in the public sector differ in terms of competency assessment objectives, assessment processes and competency assessment programmes compared to those in the private sector. For the purposes of competency assessment, the public sector is for the promotion of candidates, and the private sector focuses on career development and fostering. Therefore, it is not continuously developing capabilities than the private sector and is not used to enhance performance in performing its duties. In relation to evaluation items, the public sector generally operates a system that passes capacity assessment at 2.5 out of 5 for 6 competencies, lacks feedback on what competencies are lacking, and the private sector uses each individual's competency score. Regarding the selection and operation of evaluators, the public sector focuses on fairness in evaluation, and the private sector focuses on usability, which is inconsistent with the aspect of developing capabilities and utilizing human resources in the right place. Therefore, the public sector should also improve measures to identify outstanding people and motivate them through capacity evaluation and change the operation of the capacity evaluation system so that they can grow into better managers through accurate reports and individual feedback

• Korean journal of communication and information
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• v.35
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• pp.250-291
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• 2006

This study examines the regulatory issues and introduction problems of TV-betting data broadcasts in Korea by in-depth interview with a panel group. TV-betting data broadcast services of card games and horse racing games are widely in use in Europe and other parts of the world. In order to carry out the study, a demo program of TV-betting data broadcast in the OCAP(OpenCableTM Application Platform Specification) system environment, which is the data broadcasting standard for digital cable broadcasts in Korea was exposed to the panel group and then they were interviewed after watching and using the program. The results could be summarized as below. First of all, while TV-betting data broadcasts have many elements of entertainment, the respondents thought that it would be difficult to introduce TV-betting in data broadcasts as in overseas countries largely due to social factors. In addition, in order to introduce TV-betting data broadcasts, they suggested that excessive speculativeness must be suppressed through a series of regulatory system devices, such as by guaranteeing credibility of the media based on safe security systems for transactions, scheduling programs with effective time constraints to prevent the games from running too frequently, limiting the betting values, and by prohibiting access to games through set-top boxes of other data broadcast subscribers. The general consensus was that TV-betting could be considered for gradual introduction within the governmental laws and regulations that would minimize its ill effects. Therefore, the government should formulate long-term regulations and policies for data broadcasts. Once the groundwork is laid for safe introduction of TV-betting on data broadcasts within the boundary of laws and regulations, interactive TV games are expected to be introduced in Korea not only for added functionality of entertainment but also for far-ranging development of data broadcast and new media industries.