• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

• (The)Study of the Eastern Classic
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• no.49
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• pp.73-107
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• 2012

Yeoheon Jang Hyeongwang(1554-1637), one of the greatest Mid-Joseon Confucianists did systematic studies on universe and nature. It can be considered that he inherited the academic tradition of Cho Sik (曺植) and Jeong Gu(鄭逑) and followed their steps of fengshui (風水) and compilation of geographical records. His living and thought and deserve researching with regard to geographical studies. This paper attempts to analyze Yeoheon's recognition of geography in general. In other words, I shall prove that his view of geography is Neo-Confucian. At the same time, I shall discuss how he named people's residence, how he understanded the Joseon territory, what he thought about fengshui, and what significance the complication of geographical records by his disciples had. Yeoheon considered that land is composed of water, fire, earth, and rock, and understanded the land according to the theory of Zhouyi (周易). He analyzed geographic environments by the system of Zhouyi. His study of geography is basically intended for practical use, and as a result is necessary for people to choose where to live and where to cultivate. In his opinion, it is essential to divide the land of the Joseon by means of geographical differences in order to help people to find a better place to live. We can see his Confucian view from the fact that he placed a greater emphasis on human beings over nature. Therefore, the practical use for humans is the first priority in his study of geography. Meanwhile, he considered nature itself as only the object of study. He realized the vitality of life by making a close observation of nature and attained the mind of the Heaven and Earth in a detached way. He, as a follower of Neo-Confucianism, enjoyed the land by feeling comfortable with his present status and by being satisfied with himself. He put his Confucian view of universe and world into practice in his life. As a part of his efforts, he named his residence and surrounding natural environments with the polar star and 28 stars, and accordingly they are reconstructed in a system of universe. The Confucian tradition of dongcheon gugok (洞天九曲) starting with Zhu Xi's administration of wuyi jiugu (武夷九曲) was widely prevalent during the Joseon period, but Yeoheon's system of organizing places is original. His sense of naming places reflects his ideas of following his predecessors, comparing natural objects to human emotions, and desiring to live in retirement. Yeoheon understanded the Joseon territory with comparison of the Chinese land. He expressed his knowledge in the form of changing geographical features of a district, appreciating natural beauty, locating towns, and being familiar with a region, and proposing his own climatology and view of the reality. His recognition of the Joseon territory resolves itself into the following several points. He regarded the Joseon territory as one organism, and considered the territory to be composed of ki (氣) as Neo-Confucianists usually do. In addition, he understanded not only natural environments but also towns from a perspective of the fengshui and adopted a comparative methodology in dividing regions. He also applied climatology to analyze persons and customs. He employed the methodology of fengshui from the comprehensive theory of the Yijing. It is because he was influenced by Cho Sik and Jeng Gu. Yeoheon chose dwelling places for people, or gave advice on several places of his hometown relying on his knowledge of fengshui. When it comes to his theory of fengshui, he agreed with the theory of topography with regards to the fengshui of tombs, but criticized the custom of delaying funerals in order to turn fortune in one's favor. In addition, he accepted that it is necessary to complement a town by creating forests around it. We need to pay attention to the fact that Yeoheon's disciples complied several geographical records. It proves that they inherited the tradition of "valuing practical use and governing on behalf of the people" from Cho Sik and Jeong Gu. Yeoheon put a great emphasis on geographical records and encouraged his disciples to compile them. In other words, he emphasized that they, as administrator or intellectual, need to be erudite in the history and custom of a region where they have lived, and have to establish a standard to encourage or warn people in the region while considering the geographical records. His opinion functioned as a guideline for his successors to compile geographical records later. This paper only analyzed several facts with regard to Yeoheon's knowledge of geography and an academic tradition concerning the study of geography. In the future, I shall discuss how his predecessors and successors understanded geography and how the tradition of compiling geographical records was transferred and developed between them. I believe that this study will contribute to establishing the history of geography, which the Joseon Confucianists researched for a long time but we have not paid an enough attention to until now.