• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.93-125
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• 2011

The International Civil Aviation Convention (Chicago Convention) has been a backbone of international air transport system whereby air transport between States should be based on bilateral agreements, and in particular, international airfares, which are set up through IATA(International Air Transport Association) rate-fixing machinery could be approved by the governments concerned. International airfares are fares for transporting passenger and freight and their conditions between two or more countries. However, since U.S. pursued th deregulation policy in 1978 whereby routes, capacity and fares could be freely determined by airlines, many States have been following so called open-skies agreements. In many cases, aeronautical and competent authorities have been reviewing whether airlines' commercial activities including air fares could possibly conflict with free competition rules envisaged in relevant laws and regulations. As competition among airlines gets intense, airlines often resort to cooperation with other airlines in the forms such as equity exchange, M&A, code-sharing, fares consultation and resource pooling, mainly with a view to effectively use resources available and to avoid monopoly situation resulting from excessive and destructive competition among players. Whereas bearing in mind that application of competition laws is important to secure consumers' interests by preventing airlines's malpractices such as bargaining exorbitant fares, it is also important to comprehensively consider as many factors as possible, from that unilateral measure by governments may bring about retaliatory measures by the governments affected, to that airlines' cooperative practices may rather increase consumers' benefits by lowering air fares.

• Journal of Digital Convergence
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• v.15 no.4
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• pp.139-149
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• 2017

The purpose of this study is to compare and analyze the impact of self-leadership by worker in social enterprises and profit enterprise. For this purpose, 36 social enterprises and commercial enterprises in Chungcheongnam-do and 303 workers were surveyed. Main results are as follows. First, the workers in social enterprises and profit enterprises have many different characteristics. The workers who work in social enterprise is more women, less educated and were the elderly than profit enterprise. This is the reason that social enterprises are employing women, elderly and vulnerable groups by the government's social work support policy. Second, self leadership and all organizational Performance areas in social enterprises is higher than that of profit companies. Third, self-leadership in social enterprise and profit enterprise has positive effect on organizational performance. Therefore, in order to improve the organizational performance of social enterprises must share organizational vision and goals for the workers. It will increase the organizational competitiveness. The Journal of Digital Policy & Management. This space is for the abstract of your study in English.

• Korea journal of population studies
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• v.8 no.1
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• pp.118-138
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• 1985

This paper is aimed to analyse the recent changes in family planning as a step in an evaluation of the results of the population control policy which has been strenuously pursued by the government since December 1981. The data used in this analysis comes from the 1985 national fertility and family planning survey conducted by the Korea Institute for Population and Health (KIPH) in May 1985. According to the 1985 survey data, there have been great changes in both the contraceptive practice and fertility rates since the strengthening of the government's population control policy in 1 981. The contraceptive practice rate for married women aged 15-44 has increased from 57.7% in 1982 to 70.3% in 1985, an increase of 12.6% points in the short span of only 3 years. During the same period, the total fertility rate has declined from 2.7 in 1982 to the population replacement level which was planned to achieve by 1 988. More than 80% of women aged over 30 or with two children or more are practicing contraception, while the practice rates of women with 0-1 children are 14.0% and 45.1% respectively. The survey has revealed that the increase of contraceptive practice rate during 1982-1985 has mainly attributed to the high acceptance of sterilization procedures which practice rate of the married women has increased from 28.1% to 40.3% for the period. Also, the survey data shows that 24.7% of those women with only one child is practicing contraception for thepurpose of fertility termination. The government, taking into account of rapid changes in contraceptive practice and fertility rates, is formulating a population plan during the sixth fiveyear economic and social development plan (1987-1991) to achieve 1% ofpopulation growth rate by 1993, which was planned to realize by 2000. In order to meet this demographic goal, the existing population control policy measures should be improved to be suited to the recent contraceptive use and fertility changes. From this standpoint, the following considerations should be put forth; 1) improvement of the current program management systems including target allocation and evaluation schems for recruiting new acceptors in the young 20s groups to use contraceptives for birth spacing and to increase high continuation rates through the strengthening of follow-up services for the acceptors, 2) increase of self-supporting contraceptive users by promoting commercial advertisements on contraceptives through mass media including T.V. and radio, 3) development of social support policies including incentive schems, and strengthening of IE & C activities for increasing the proportion of the one-child family, 4) strengthening of population and family planning education in and out school youth, and 5) strengthening of management capabilities at the provincial and local program managers.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.18 no.1
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• pp.14-26
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• 2019

For bus drivers' safe driving, a policy that analyzes the causes of the drivers' traffic accidents and then assists their safe driving is required. Therefore, the Ministry of Land, Infrastructure and Transport set up its plan to gradually expand the equipping of commercial vehicles with FCWS (Forward Collision Warning System) and LDWS(Lane Departure Warning System), from the driver-supporting ADAS(Advanced Driver Assistance Systems). However, there is not much basic research on the analysis of bus drivers' traffic accidents in Korea. As such, the time is appropriate to research what is the most necessary ADAS for bus drivers going forward to prevent bus accidents. The purpose of this research is to analyze how serious the accidents were in the different bus routes and whether the accidents were repetitive, and to give recommendations on how to support ADAS for buses, as an improvement. A model of ordered logit was used to analyze how serious the accidents were and as a result, vehicle to pedestrian accidents which directly affected individuals were statistically significant in all of the models, and violations of regulations, such as speeding, traffic signal violation and violation of safeguards for passengers, were indicated in common in several models. Therefore, the pedestrian-sensor system and automatic emergency control device for pedestrian should be installed to reduce bus accidents directly affecting persons in the future, and education for drivers and ADAS are to be offered to reduce the violations of regulations.

• The Journal of Sustainable Design and Educational Environment Research
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• v.18 no.1
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• pp.27-37
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• 2019

This study investigated and analyzed the rise and fall trend of enrolled students during the recent 30 years with the subject of 607 elementary schools in 11 Education Support Centers (25 Gu-districts) in Seoul to provide the basic data related to establishing the school accommodation plan of the Seoul Education Office. In particular, the study focuses on the 53 small schools in Seoul and examines whether a correlation exists between the 8 factors of the school accommodation plan and the increasing and decreasing of enrolled student numbers. First, 'school establishment policy' should not be a short-term therapy but a long-term and predictable sustainable policy. Second, among the eight factors, there seems to be a very high correlation between the 'aged low-rise house districts' and 'spatially isolated areas'. Third, 'close-packed apartment complexes' and 'rental apartment complexes' are also highly correlated. Fourth, the planning factors such as 'joint school districts, the reconstruction of apartment complexes and the connection to commercial districts' seem to be correlated to some degree. Therefore, further studies are needed to overcome these problems.

• Archives of design research
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• v.20 no.3 s.71
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• pp.191-202
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• 2007

In these days, open signboard system is controlled by administrative policy and law, but there is no consideration for different types of building. As such, this study aims to propose planning criteria for streetside commercial buildings, such as elevation and mass design of buildings, layout of signboard attached to the building elevation with consideration for streetscape. In mass planning for streetside commercial buildings, the building type with front open space keeps lower open signboard density than the building type directly leading to the street. It is desirable that open signboard of lower floor part is attached by a horizontal type, open signboard of low medium floor part by a projected vertical type, open signboard of high medium floor part and roof part with a minumum attachment of open signboard. As for elevation planning relative to open signboard, it is desirable that an irregular wall type is more useful than a regular wall type to control open signboard. And in all cases, horizontal element facade has a handicap to control the quantity of signboard. If the building has a corner, the piloti should be used in the corner of lower story for smooth circulation of pedestrians and emphasizing the transparency of elevation. Specially, in the case of a round corner, the corner should be emphasized by the composition of high transparent mass.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.49-97
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• 2014

This study is about the availability of Chinese internal arbitration institutions by Korean invested companies. Generally, Chinese internal arbitration institutions lack independence from government. However, because parties seeking an arbitration award have ways to get neutrality from internal arbitration institutions that guarantee party autonomy, these Korean companies can use Chinese internal arbitration institutions to resolve disputes in China. Special attention should be given to the following. First, because Korean companies invested in China are legally in the same position as Chinese companies, unless foreign-related factors intervene, when disputes occur with Chinese companies or individuals, the disputes correspond to internal dispute, and when it comes to choosing the arbitration institution, these Korean companies must choose either a Chinese internal arbitration institution or foreign-related arbitration institution. Second, most Chinese internal arbitration institutions still lack independence from government, which can influence the fairness of arbitration in the future. Therefore, Korean companies invested in China should think about alternative ways to get a minimum impartiality in arbitration cases. Third, the parties are allowed to choose arbitration rules freely in Beijing, Xian, Chongqing, Guangzhou, and Hangzhou arbitration commissions. Therefore, in arbitration cases, the parties can get impartiality by choosing arbitrators according to the arbitration rules which they agree on, or by choosing partially modified arbitration rules of those arbitration commissions. Fourth, in order to get an impartial arbitration award from Chinese internal arbitration institutions in China, it is important for Korean lawyers or arbitration experts -- fluent in Chinese -- to be registered in the List of Arbitrators of Chinese internal arbitration institution by way of signing a MOU between the Korean Commercial Arbitration Board, or the Korean Association of Arbitration Studies and arbitration commissions such as those of Beijing, Xian, Chongqing, Guangzhou, and Hangzhou which comparatively do guarantee party autonomy. Fifth, because application of the preservation of property before application of arbitration is not approved in China, in practice, in order to preserve property before application of arbitration, it is best to file another suit in China based on other legal issue (e.g., tort) independent from the contract which an arbitration agreement is applied to. Sixth, in arbitration commissions which allow different agreement regarding arbitration procedures or arbitration rules, it is possible to choose a neutral arbitrator from a third country as a presiding arbitrator via UNCITRAL arbitration rules or ICC arbitration rules. Seventh, in the case of Chinese internal arbitral award, because the court reviews the substantive matters to decide the refusal of compulsory execution, the execution rate could be relatively lower than that of foreign-related cases. Therefore, when Korean companies invested in China use Chinese internal arbitration institution, they should endure low rate of execution. Eighth, considering the operational experiences of public policy on foreign-related arbitration awards so far, in cases of Chinese internal arbitration award, the possibility of cancellation of arbitral award or the possibility to refuse to execute the award due to public policy is thought to be higher than that of foreign arbitral awards. Ninth, even though a treaty on judicial assistance in civil and commercial matters has been signed between Korea and China, and it includes a provision on acknowledgement and enforcement of arbitral award, when trying to resolve disputes through Chinese internal arbitration institution, the treaty would not be a big help to resolve the disputes, because the disputes between Korean companies invested in China and the party in China are not subject to the treaty. Tenth, considering recent tendency of conciliation by the arbitral tribunal in China and the voluntary execution rate of the parties, the system of conciliation by the arbitral tribunal is expected to affect as a positive factor the Korean companies that use Chinese internal arbitration institution. Finally, when using online arbitration, arbitration fees can be reduced, and if the arbitration commissions guaranteeing party autonomy have online arbitration system, the possibility of getting impartial arbitration award through them is higher. Therefore, the use of online arbitration system is recommended.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.37-62
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• 2016

Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.223-243
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• 1989

The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.

• Journal of International Area Studies (JIAS)
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• v.22 no.2
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• pp.81-110
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• 2018

In this paper, we examined the regional economic integration, the trade negotiation strategy and bargaining power of the European Union through the logical structure of the three - dimensional game theory. In the three - dimensional game theory, the negotiator emphasized that the negotiation strategy of the triple side existed while simultaneously operating the game standing on the boundary of each side game, constrained from each direction or occasionally using the constraint as an opportunity. The study of three-dimensional game theory is aimed at organizing the process of coordinating opinions and meditating interests at the international level, regional level and member level by the regional union as a subject of negotiation. This study would compare and analyze the recently concluded EU-Japan EPA (Economic Partnership Agreement) negotiation process with the case of the EU FTA, and summarize the logic of the three-dimensional game theory applicable to the FTA of the regional economic partnership. Furthermore, the study would illustrate the strategies of the regional economic cooperatives to respond to negotiations. The area of trade policy at the EU level has already been completed by the exclusive power of the Union on areas where it is difficult to politicize with technical features. Moreover, the fact that the policy process at the Union level has not been revealed as a political issue, and that the public opinion process is a double-step approach. In conclusion, the EU's trade policy process constitutes a complicated and sophisticated process with the allocation of authority by various central organizations. The mechanism of negotiation is paradoxically simplified because of the common policy decision process and the structural characteristics of the trade zone, and the bargaining power at the community level is enhanced. As a result, the European Commission would function as a very strong negotiator in bilateral trade negotiations at the international level.