• Korean Journal of Social Welfare Studies
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• v.41 no.4
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• pp.5-44
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• 2010

The main purpose of this study is to critically examine the existing theoretical as well as analytical scope of 'sexual minority' in Social Welfare, and to (re)construct and expand it incorporating feminist theories on sexuality. The body of literature on sexual minority or homosexuality in social welfare in Korea as well as in the West can be characterized as two distinct features: first, medical discourse leaning on pathological perspective which perceives homosexuality as a disease or defect, homosexual as a pervert; and second, human rights perspective premised upon the idea of diversity and multi-culturalism, both which are anchoring at 'essentialism.' Based upon the understanding of sexuality as a social construct, we argue that feminist insight on sexuality can lead to reconceptualizing homosexuality and reorienting theories and practices in social welfare. From radical feminism to postmodern queer theories, feminists have developed diverse ideas and complex theories on sexuality and homosexuality, including the concept of 'compulsory heterosexuality,' 'lesbianism as political resistance,' and 'performative gender.' For feminists, particularly, sexuality which is constructed in the complex power matrix of dominations to producing and maintaining inequalities and discriminations is not merely a distinctive variable, but one of the important organizational principles such as gender, class, race, age, and nationality. This epistemological principle will hopefully shed lights on alternative 'knowledge' on homosexuality in social welfare, and lead to significant contribution to its critical expansion in theory and practice.

• The Journal of the Convergence on Culture Technology
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• v.9 no.6
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• pp.729-736
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• 2023

Traditionally, Germany, a conservative welfare state, has pursued a male breadwinner model based on gender division of labor. For a long time, Germany tried to address low fertility through economic support centered on cash benefits, but it was not successful. In 2007, the German government began to shift the paradigm of family policy for work-life balance under the slogan of "A mix of time policy, income transfer, and infrastructure." When the issue of low birth rates emerged as a national concern in Germany, there was a growing social sentiment that not only the government but also private companies should contribute to increasing fertility by providing family-friendly personnel policies and working conditions. Private companies have been voluntarily improving family-friendly working conditions beyond legal obligations, aiming to secure personnel and prevent turnover. Germany's fertility rate is currently rising toward the European average level in 2023, which can be attributed to the government's work-life balance policies and the participation of private companies. In terms of improving work-life balance policies in Korea, it has been proposed to change the perception of the need for fathers to participate in child care, to make parental leave compulsory for men, to guarantee employment for women after childbirth, to expand child care facilities, and to revitalize family-friendly policies in companies.

• Journal of the Daesoon Academy of Sciences
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• v.48
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• pp.407-443
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• 2024

The relationship between finance, natural disasters and epidemics, the Liang Province Rebellion of mostly Qiang ethnic groups, and the occurrence of displaced persons in the Later Han Dynasty, is examined in this article. Also explored is the financial crisis that had started accumulating in the Later Han Dynasty, as well as the Yellow Turban Rebellion and the displacement of the people. It is argued in this research that the financial crisis had an influence on the occurrence. The Yellow Turban Rebellion began in 184, seventeenth year of Lingdi's reign. The rebellion was an incident that occurred due to a complex combination of natural calamities and man-made disasters. Various natural disasters during the Lingdi period, poor measures for immigration, and Lingdi's refusal to accept Yangci and Liu Tao's advice that the immigrants should return home were the direct causes of the Yellow Turban Rebellion. In short, the increase in military spending due to natural disasters and the Liang Province Rebellion caused financial deterioration were the direct causes of the Yellow turban rebellion. The Yellow Turban Rebellion was suppressed in less than a year. Therefore, the Yellow Turban Rebellion itself was not the cause of the collapse of the Later Han Dynasty. It was rather case that the great fire in South Palace in Luoyang, the capital of Later Han Dynasty, in 185, the increase in taxes of 10 qian per mu (畝) to rebuild the palace, the open and compulsory encouragement of the trafficking of official posts, and the exploitation of civil servants, which destabilized the population. Thereupon, rebellions broke out among the people in various places. Therefore, unlike the Yellow Turban Rebellion, the collapse of the Later Han Dynasty should be viewed as primarily the result of man-made calamities rather than natural disasters.

• Journal of Navigation and Port Research
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• v.47 no.6
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• pp.341-349
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• 2023

Gamcheon Port, which is one of three major harbors in the Port of Busan, is being operated to load, discharge and transport a wide range of cargoes, including general cargo, fisheries, steel products, cement, etc,. The harbor, designated as a compulsory pilotage area, provides pilotage services in compliance with relevant laws and regulations for arrival and departure of vessels in the Gamcheon Port area. Some academic research on the marine traffic environment in Gamcheon Port has been conducted. However, the pilotage environment and hazards to pilotage safety in the port have yet to be studied. Therefore, in this research, the pilotage environment and hazards to pilotage safety were identified, and it was confirmed that there are hazards to pilotage safety, such as vessels installed poor facilities including damaged pilot boarding arrangements, vessels blocking pilot's view by her structures and fishing nets, vessels unable to communicate in English, vessels not following VTS's order. The hazards to pilotage safety were also stratified, and the importance of the hazards was verified in accordance with a survey based on Analytic Hierachy P rocess(AHP) for Busan Harbor pilots, and safety measures to secure pilotage safety were examined to secure the safety of vessels calling Gamcheon Port.

• Analyses & Alternatives
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• v.8 no.1
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• pp.137-167
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• 2024

This study sought to explain the reasons why the civic education bill failed to be enacted as many as 13 times. What we discovered as a result of our research is, first, the absence of a legislative strategy by the minority member of the national assembly on this bills. The Citizenship Education Bill was a controversial bill with great potential for ideological conflict, and after the 19th National Assembly, this bill was promoted by a minority of a specific political party. The Democratic Party's sponsoring lawmakers did not use active legislative strategies, such as exerting influence within the party to have these bills adopted as the party's platform, or developing them into major pledges for the general and presidential elections. Second, there is a consistent passive response from civic groups as well as lawmakers who signed the bill in an unfavorable public opinion environment. During the legislative process, opposing opinions were overwhelming, including concerns about the spread of leftist ideology, waste of budget and organization, and violation of neutrality and fairness in education. In addition, the passive attitude of field teachers and civic groups, who should be in charge of civic education, also served as a background for the legislative failure. Third, due to a lack of sharing of reliable information on recent theoretical research and global policy trends among stakeholders, legislation through an agreement between the ruling and opposition parties failed.

• 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.35 no.2
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• pp.375-402
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• 2020

The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

• Journal of the Korean Society of Food Science and Nutrition
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• v.40 no.2
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• pp.283-289
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• 2011

The preference and satisfaction for Korean food by Chinese students studying at Mokpo National University of Korea were surveyed. The students (n=167) were 53.9% males, 58.1% Korean residents for 6 months and 47.9% in healthy condition. The recognition of Korean food was highly light taste ($3.36{\pm}0.95$) and the preference of Korean food materials was in the order of beef (46.7%), hairtail fish (28.7%), baechu (24.4%), tangerine (49.1%), milk (38.9%) in each food category. Eating habits were feeling of hunger on reason for eating (43.1%), moderate satiety degree for a diet (58.7%), no time for reason to skip diet (48.5%), family for impact factor of eating habits (55.1%) and irregular diet time for the problem of eating habits (40.1%). The recognition of Korean food menu was in the order of baechukimchi, bulgogi, ggakdugi, samgyupsal, ddeokbokki, galbitang, and gomtang; the preference order was bulgogi, doejigalbijjim, soegalbijjim, dakgalbijjim, samgyupsal, galbitang, and dakdoritang. The recognition and preference of Korean food menu were significant in bibimbap, tteokguk, doenjang jjigae, kimchi jjigae, ddeokbokki, japchae, baechukimchi, and ggakdugi (p<0.001), as well as jeonbokjuk, bibimguksu, soegalbijjim, doejigalbijjim, dakgalbijjim, saengseonmaeuntang, gomtamg (p<0.01), hobakjuk, bulgogi, and dakdoritang (p<0.05). The actual dormitory foodservice was twice daily (47.3%), <10~20 min for diet time (65.3%). The reason for using university foodservice was compulsory diet (37.1%) whereas the reason of not using university foodservice was tastelessness (45.5%); kimchi was the most leftover (27.5%). According to foodservice quality attribute, the importance and satisfaction were the highest in hygienic part. Foodservice quality attribute was significant between importance and satisfaction in all items except location of facilities foodservice (p<0.001).

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.175-209
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• 2019

The bundled discounting which the dominant undertakings engage in is problematic in terms of competition restraint. Bundled discounts generally benefit not only buyers but also sellers. Specifically, bundled discounts usually costs a firm less to sell multiple products. In addition, Bundled discounts always provide some immediate consumer benefit in the form of lower prices. Therefore, competition authorities and courts should not be too quick to condemn bundled discounts and apply the neutral and objective standard in bundled discounting cases. Cascade Health v. Peacehealth decision starts ruling from this prerequisite. This decision pointed out that the dominant undertaking can exclude rivals through bundled discounting without pricing its products below its cost when rivals do not sell as great a number of product lines. So bundled discounting may have the anticompetitive impact by excluding less diversified but more efficient producers. This decision did not adopt Lepage case's standard which does not require the court to consider whether the competitor was at least as efficient of a producer as the bundled discounter. Instead of that, based on cost based approach, this decision said that the exclusionary element can not be satisfied unless the discounts result in prices that are below an appropriate measures of the defendant's costs. By adopting a discount attribution standard, this decision said that the full amount of the discounts should be allocated to the competitive products. As the seller can easily ascertain its own prices and costs of production and calculate whether its discounting practices exclude competitors, not the competitor's costs but the dominant undertaking's costs should be considered in applying discount attribution standard. This case deals with bundled discounting practice of multiple healthcare services by the dominant undertaking in healthcare market. Under the Korean healthcare system and public health insurance system, the price competition primarily exists in non-medical care benefits because public healthcare insurance in Korea is in combination with the compulsory medical care institution system. The cases that Monopoly Regulation and Fair Trade Law deals with, such as cartel and the abuse of monopoly power, also mainly exist in non-medical care benefits. The dominant undertaking's exclusionary bundled discounting in Korean healthcare markets may be practiced in the contracts between the dominant undertaking and private insurance companies with regards to non-medical care benefits.

• Korean Security Journal
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• no.36
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• pp.349-386
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• 2013

This research analyzes and evaluates The Korean Security Industry Law(TKSIL) putting the regulation of the present government about the private security industry. It nowadays becomes the important axis of the police services offered in the aspect of 'the national life safety' in connection with 'the materialization of society which is safe from the crime'. TKSIL is one of the national administration strategies which Park Gun-hye government aims on supervision policy. After seeking out the core values of the private security industrial policy which sets up in order to approach the national life safety which Park Gun-hye government aims, we make some assessments of this revised security industry law systematically. Particularly all keynote of policy about the private security of the police tried to be confirmed and the desirable direction of policy tries to be presented as to the security industry law application and real operation. In the site of organized civil complaint, the revised security industry law was revised as the direction which intensifies the administrative regulation as to the partial regulation such as it established the reason of the introduction of the arrangement license system. And grounds for disqualification of security instructor and guard, and rules of punishment is intensified order to intercept previously illegal and violent act of the security company etc. However it has the feature that it accomplishes 'the law principle(principle of statute)' the substantial portion through the effort of them changing a lot the content for the form of the law when being the clauses of the fundamental human rights limit, although it has been prescribed in "the security industry law enforcement ordinance" or "the security industry law enforced regulation". The security industry law revised this time brought from the change of the sharp policy through the revision of 17 clauses or new establishment. It can divide into 4 categorizes. (1) strictness of punishment in the site of organized civil complaint (2) Intensification of throwing out for the violation person in the private security business market time-limitedly (3) Intensification of the legal guide supervision power of police (4) upstream of the capital, name tag attachment under compulsion and the limit about other equipment use etc. Essentially "the security industry law" cannot help regulating the national interference of the private security and regulation with this content. However as to this interference and regulation, the limit has to be possible within reasonable range. As the history proved, excessive regulation by the country is not only due to bring the distortion of the security system of nation but also provoke national social cost. It can't be disregards ever that it premises the harmony which appropriate as well as reasonable in the socio-economic dimension for drawing the best combination that all things which get the compulsory education, it limits the person providing the private security service to the corporation, or it limits to the certificate of qualification holder are the ultimate for 'the safety of the national life'.