• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.41-74
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• 2020

The monetary penalties system inherently has efficiency as DNA. In the event that administrative measures to recover unfair profits from businesses that violate the law, deprive business licenses, or order to suspend business, infringe the interests of ordinary consumers, a system that can achieve the same effect through financial sanctions. It is a monetary penalties. In addition, it is convenient for the government because it takes effect only by the administrative agency's unilateral imposition order compared to the trial process, which takes a long time and huge cost to prove the illegality. However, it is questionable whether procedural legitimacy is well established in Korea's aviation monetary penalties. Compared to foreign legislation, Korea's aviation monetary penalties system need to be improved. This paper was for the purpose of studying the improvement direction of the monetary penalties system disposed of in the Korean aviation field. This study suggests the direction by examining the US system, which is an aviation advanced country, in the aviation safety area. The research was conducted with the intention of exploring the direction as follows: First, the characteristics of the Federal Aviation Administration (FAA) aviation administrative sanctions and the US aviation penalty system will be outlined. Furthermore, with the recent paradigm shift in aviation safety management, this paper tried to look at new trends that focus on autonomous reporting of aviation safety as a proactive and preventive measure in conventional post-airline accident management administration, focusing on various systems including ASAP. This article also reviewed the formal process for imposing monetary penalties adopted by the FAA. Based on the above review, this paper also looked at ways to improve the reporting system for aviation safety in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.75-111
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• 2020

The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

• Korean Security Journal
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• no.30
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• pp.85-115
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• 2012

The private security industry has expanded in proportion to economic developments throughout the world, largely because the existing security services provided by the government do not satisfy demands of various economic entities and people in the society for better security service. Therefore, it would not be unfair to say that security services by private sectors are decided by its quality, price, and customers' needs. A refined management system, however, is essential to assess qualification of security companies and their service quality, given the nature of public goods of security service. Despite the steady growth of private security industry in Korea, however, it has been continuously criticized that its security management system for better qualification of security guards, training, and private security companies have not been fully updated enough to guarantee good quality. This paper aims to gain insights to effective policy formation in the Korean private security industry, through reviewing the licensing system of private security guards and the Approved Contractor Scheme (hereinafter the ACS) in the UK- that has on one hand systematically regulated private security industry, but on other hand has enforced public-private cooperation by laying significant stress on autonomy of private security companies. The distinctive characteristic of the UK policy for the private security is that the Security Industry Authority (hereinafter the SIA), an independent authority, is leading development of the private security industry of the UK through specialized private security regulation and enhanced service quality. In addition, the UK is developing quality of security service with transparent financial management and recruitment of good quality security guards by adopting not only substantially specified regulations and standards, but the voluntary ACS system. Moreover, the SIA analyzes customers' demands for security service specializing the policy for private security through conducting a variety of surveys. With the analysis of the UK private security system, this paper suggests that the Korean government change from a non-specialized private security regulation system by the National Police Agency to an independently specialized private security authority like the SIA and adopt the compulsory licensing and the ACS system of the UK.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.2
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• pp.20-33
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• 2020

This study aims to examine the trends in the preservation of urban public parks with a focus on the international movement to acknowledge and preserve the heritage value of urban parks. First, the background in which the concept of "historic urban park" first appeared internationally, as well as the current situation were investigated. Then, the cases of the United Kingdom (UK), the United States (US), and Japan, all of which are already preserving and managing urban public parks, were analyzed. In the ICOMOS-IFLA Document on Historic Urban Public Parks, the International Council on Monuments and Sites (ICOMOS), which is a group of specialists dedicated to the conservation and management of cultural heritage, mentions that it is necessary to maintain the social, intangible, aesthetic, ecological, and civic values of historic urban public parks. In addition, according to ICOMOS, it is necessary to preserve elements of parks, such as space composition, topography, light, and environment. The UK, the USA, and Japan have their own unique characteristics for the background of preserving urban parks, the preservation system, the selection of parks to be preserved, and the elements to be preserved within the park. The UK has categorized parks into certain types from each period and has tried to preserve the common elements in each type. The US has selected the parks to preserve by determining the meaning of the parks itself considering multiple aspects, embracing not only the physical form of the parks, but also the culture, monumentality, and social values. Recently, Japan began the preservation of historic urban parks as a matter of policy and started to implement a preservation policy by investigating modern parks that are believed to be worth preserving. Specialists in cultural heritage preservation have argued that the method of preservation of historic urban parks must differ from that of other parks or gardens. Nonetheless, observing cases in these three countries showed that, regardless of their administrative and legal systems regarding cultural heritage and urban public parks, their policies were still limited to preserving only the physical elements of parks. The direction and methodology for the preservation of historic urban parks must be developed further and elaborated upon in terms of the evolving concept and definition of heritage. Urban parks are where various historic values are accumulated, connoting historical meanings dealing with the memories of the parks and the urban dwellers. This study found that, worldwide, park management has been carried out in a way that the historic values of parks are respected and preserved. This global trend in preserving the historic values of urban public parks has significant implications for the management of urban public parks in Korea that are being formed and renewed repeatedly.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.12 no.5
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• pp.127-139
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• 2017

In recent 10 years the attention to social entrepreneurship has raised increasing among scholars, public sector, and community development. However less research has been conducted on how social entrepreneurship intention create a social enterprise and what factors can be affected to the social entrepreneurial intentions. This paper aims at contributing to identify the antecedents of entrepreneurial behavior and intentions. Especially, we have had a strong interests in compassion factors which haven't been used as important variables to encourage for people to do social entrepreneurial activities. Also, we try to find the moral obligation and perceived social support as antecedents of social entrepreneurial intentions. Finding show that compassion and moral obligation affect to the social entrepreneurial intention. Especially this study identify the external factor of society with the variable, perceived social support. Once individuals recognize that the infrastructure and societal positive mood on social entrepreneurship is friendly to social entrepreneurship, people have a tendency to try to do some social entrepreneurial activities. Only few empirical studies exist in this research domain. A study of more than 271 Korean college students has studied which personal traits predict certain characteristics of social entrepreneurs (such as having social vision or looking for social innovational opportunities). In addition to those antecedents, students experience is the critical factor that enabled continued expansion of the social entrepreneurial activities. The results of this research show how we can nurture social entrepreneurs and how we can develop the social environment to promote social entrepreneurship.

• Cartoon and Animation Studies
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• s.44
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• pp.117-141
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• 2016

The various representations are receiving attention in modern society that has so many contents. Among them, the fantasy shows that you can not see in reality. But the intention of these fantasies is not giving a visual fun. The fantasy show the reality through stories that are not in reality. The fantasy that allows readers to continue to make the suspect between the real and the imagination and that suspect arises from the desire of real life. If the desire break the community, the social ideology will collapses. Conversely, if the desire is overturned by community, the social will be maintained. The goal of the fantasy which has the relationships of society is revealed through the various expressions of existence. They are divided into the subject and the other show the inner side of the main character. The subject shows the inner side of the main character by the transformation, alter ego and the other exists. The other shows the desire of the subject by the transformation, alter ego and the strangers. Disney animation studios select the target audience and the message in relation with the society. They choose the original like the fairy tale, myth and change them to satisfy the middle class. The characters of Disney animation says that messages by the expression of fantasy. The subject go through the transformation by twice. The first transformation is antisocial and the second transformation is social. The second shows a complete transformation. The other characters personified show the many kinds of the main character. The other as the alter ego of the main character represents the desire of the subject. They are described as an object of fear and exclusion. They expresses as a dark and menacing looks and hinders the complete transformation of the subject. But they were overthrown by the subject at the end of the story and it strengthen the social ideology. As a result, Disney highlights the value and the moral message of the society by using the representation of fantasy.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.34 no.1
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• pp.18-39
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• 2016

The study pertains to reviewing and discussing of the master plan of the main buildings in the palaces of Joseon Dynasty regarding on a Feng Shui concept that has been implemented on the palace axis that is originated from the main mountain. Gyeongbokgung (景福宮) Palace is located on the northwest coner of Hanyang (漢陽) and on the tip of the main mountain which is in contrast a quite distinguishable from the location of the Fobidden city in Beijing located in the middle of a vast basin. Changdeokgung (昌德宮) Palace as well is also located on the tip of Eungbong (鷹峯), a part of Samkaksan (三角山) mountain, of which the locations were designed for the palaces to receive the benevolent force from the main mountain. The same concept was also applied to appointing the ideal location of the maJor buildings such as Jungjeon (正殿: The throne hall), Pyunjeon (便殿: The king's office) and Chimjeon (寢殿: The king and queen's residence) in the palace that must receive the benevolent force from the qui stream also originated from the main mountain, as such that the buildings have in close relationship with the king. Amisa (蛾眉砂) had been considered as an important geographical milestone of the estate where the palace is located, especially as the guiding landmark for other buildings that must be on the land axis. The land axis with the Amisa as the starting point attributed the Feng Shui as an important measure that determines the location and the shape of other buildings. The buildings location was appeared as having the conceptual buildings location as 'front office-back bedroom building (前朝後寢)' and 'three gates-three sectors (三問三朝)' as per the Rites of Zhou (周禮). On both palaces, Amisa is located on the benevolent point of the land, and the king's bed room buildings are located near the Amisa. The main offices were located on the south of the king's bed room buildings. By practicing this type of concept, consequently the king can receive the pure benevolent force first. In the case of the clearly distinguished locations of the buildings in Gyeongbokgung Palace, Chimjeon, Pyunjeon and Jungjeon were located on the same main qui stream. However, in Changdeokgung Palace where scattered qui stream is observed, the buildings are located on the scattered qui stream. The study found that the type of location of Jungjeon receives least amount of benefit from the Feng Shui but reflects primarily the king's authority rather than order and formality of the space.

• 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.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.6
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• pp.115-128
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• 2019

Huam-dong is a representative area from the Japanese colonial period and is the space where most Japanese-style buildings remain in Seoul. Interest in modern cultural heritage continues to increase, including the registration of cultural properties in 2001, building assets in 2015, and the registration of cultural property units in 2018. As the debate continues over the necessity of preserving cultural heritage that reminds us of the Japanese colonial, there is a need for research to grasp the perceptions of stakeholders along with the perceived value of such spaces. This study identified the subjective perception types of the stakeholders concerned with the Japanese-style building group in Huam-dong, analyzed characteristics by types, and debated the issues. For this purpose, Q methodology, which is a statistical technique for measuring human self-subjectivity and extracting common human perspectives, was used. A literature study on the values of Huam-dong and modern cultural heritage was conducted, and a Q questionnaire based on five aspects of modern cultural heritage values (historical, architectural, sociocultural, landscape, and economic) was applied. The results of the study depicted three types of cognition and showed different attitudes toward the Japanese building group. This study found a conflict comparing the perceptional differences between the types of cognition. This study is meaningful in that it provides an in-depth approach to the perspectives of the stakeholders concerned with the Japanese-style buildings clustered in central Seoul. It is also meant to present a theoretical framework that can be applied to the use area as sustainable cultural heritage through the establishment of preservation and utilization of Japanese-style areas and conflict resolution.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.7 no.2
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• pp.195-205
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• 2012

This study examines runaway youths at risk in a youths' shelter who are preparing for an independent life and both the facilitating and adverse factors to personal characteristics and independence of runaway youths at risk with the aim to grasp their recognition of independence and level of desire for it and find out necessary factors for a successful independence in multidimensional perspectives including the economic independence, educational independence, psychological independence, and social independence for their sound growth. This will provide the basis for desirable interventions for youths runaway youths at risk to prepare for an independent life. The findings of this study on the factors that affect the preparation for an independent life are as follows: First, as a result of analyzing the effect of micro-systematic factors on the preparation for an independent life, it turned out that problem-solving abilities and self-efficacy had influence on the preparation for a career Second, as a result of analyzing the effect of mesoscopic-systematic variables on the preparation for an independent life, it turned out that the preparation for a career were affected by whether to participate in independence preparation programs and institutional supports, and that career maturity of runaway youths at risk were affected only by the relationship with teachers and participation in independence preparation programs. Third, as a result of analyzing the effect of macro systematic variables on the preparation for an independent life, it turned out that the preparation for a career were affected by participation of the local community and service network, and that participation of the local community was an predictor variable that would affect a career maturity of runaway youths at risk. Fourth, as a result of analyzing ecological systematic variables that might affect the preparation for a career, it turned out that intervening variables and macro systematic variables had the most powerful influence on the preparation for a career among runaway youths at risk. It is necessary, therefore, to provide education programs organized by policies in order to develop problem-solving abilities and vocational capabilities so that runaway youths at risk, and to train and appoint more professional teachers at shelters. Programs for independence preparation need to be developed actively and practically in consideration of the characteristics of shelters, and the network with the local community for support also need to be established in utilization of the human resources and service programs of the community. With the understanding of leaving home of runaway youths at risk as the previous stage of an independence, there should be a housing support for their stable settlement in the perspective of housing welfare until become adults. In addition, there should be education specialized programs for occupation and careers to train runaway youths at risk as professionals including such areas as health, mentality, learning, and voluntary work for their sound growth.