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A Comparative Review on Civil Money Penalties in Aviation Law (항공 과징금 제도의 비교법적 검토)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.3-38
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    • 2019
  • In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

A Study on The Iron Monument in The era of Joseon Dynasty (조선시대(朝鮮時代) 철비(鐵碑)의 조영(造營) 연구(硏究))

  • Hong, Dai Han
    • The Korean Journal of Archival Studies
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    • no.24
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    • pp.215-274
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    • 2010
  • Iron-making industries of the country, regardless of age has been the focus. This makes the iron production technology and production techniques that result in increased economic activity and because of the central charge. Therefore, the social development of ancient iron-making technology is based on phase-sensitive. Modern steel making up the monopoly of the country's target under the strict control of production, distribution was. It is essential to produce iron weapons was a threat is because you can keep the throne in the hands of the forces that can cause side effects when I went was to block. This study created a rail Cholbi(iron monument) and the regional distribution pattern of the production, construction background, looked on. Cholbi(iron monument) for the production and recording "the Annals of the Joseon Dynasty" often appear in history books and many academic interests, but was off target. Compared to a stone monument that was not generally as well as the Japanese colonial period and over the course of modernization destroyed, damaged a lot of cases the cause may be found in front. Cholbi(iron monument), except for the gravestones of the Joseon Dynasty monument erected in honor of virtue, as an example of content that dominated a packman business, founding of the school and confirmed that a few were built as a special purpose. Cholbi(iron monument) compared to the production technology or the cost of the monument's difficulty in financing follows. Therefore Cholbi(iron monument) the establishment of the Joseon Dynasty through the background of the economic situation and the local government can look. And iron technology began complaining about the object of history, economic conditions, with the change of season has been a change in people's consciousness tells you. Important data of ancient history as an epigraph that has been as important, the Middle Ages to modern times ranging from newly born to the time Cholbi(iron monument) in the development of the country's documentary subject to change should have been brought. Based on these discussions changes the identity of the hero monument and production inspector, review of production through the Joseon Dynasty period Cholbi (iron monument) contemplated the significance is reflected in production.

Estimation of CO2 Mitigation Potentials using Food Miles of Domestic and Imported Food - About Beef and Wine - (푸드 마일리지를 이용한 식품의 이산화탄소 감축 잠재량 평가 - 쇠고기와 포도주를 대상으로 -)

  • Seong, Mi-Ae;Kim, Dai-Gon;Lee, Jae-Bum;Ryu, Ji-Yeon;Hong, You-Deog
    • Journal of Climate Change Research
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    • v.2 no.1
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    • pp.15-32
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    • 2011
  • Due to greenhouse gas increased by human activities, abnormal climate changes are continuously occurring everywhere in the world and internationally people make efforts to reduce the emission of greenhouse gas. Our country also is making endeavors to realize low carbon society on the foundation of the green growth and for this low carbon consumption pattern settlement through green life is necessary. Therefore for the nationals the offering of the information on greenhouse gas emission that is reduced through the change to low carbon life is required. In this study the objects are beef and wine whose weight of import is high among the beverages and foods consumed in the country and we calculated the food mileage and emission of carbon dioxide of the domestic and foreign product beef and wine and estimated the potential amount that can be reduced when replacing the imported products with domestic products. As the year 2007 being standard if we replace 10% of imported beef with domestic products it is possible to reduce 14,000 tons of carbon dioxide per year and on one day out of a year if we replace imported beef with domestic beef the reduction of 384 tons of carbon dioxide is appeared to be possible. In the same standard year if we replace 10% of imported wine with domestic product we can reduce 1,396 tons and on one day out of a year if we replace imported wine with domestic wine reduction of 38 tons of carbon per year appeared to be possible. Through active promotion and expansion of variety of domestic foods and beverages in the real life of the nationals the consumption pattern of natural low carbon life should be achieved and offering of more systematized greenhouse gas emission DB is thought to be necessary.

Traditional Performing Arts and Nomadic Entertaining Troupes Depicted in "Nectar of Immortality" (감로탱에 묘사된 전통연희와 유랑예인집단)

  • Jeon, Kyung-Wook
    • (The) Research of the performance art and culture
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    • no.20
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    • pp.163-204
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    • 2010
  • "Nectar of Immortality", also known as Suryukwha, is a painting which is hung on the wall during Suryukjae, a rite to console the spirits residing on both land and water. The Suryukwha at Bonyung Temple in the Ming Dynasty consisted of 139 scrolls depicting separate scenes. In Korea, however, Nectar of Immortality combines all the scenes into one large painting. The lower part of Nectar of Immortality describes pain, disasters, and the frailty of human life in this world. This is intended to inspire people to embrace Buddhism and be delivered from their worldly existence. However, it reflects the social realities of that time as well. The scenes at the bottom of the painting of nomadic troupes of entertainers and their performances are part of this reflection. In this section, various scenes of traditional Korean performance are illustrated, such as double and single tightrope walking, Sotdaetagi (performing atop a pole), Ssangjulbaegi (one form of Sotdaetagi), tumbling, bell juggling, mask dramas, dish spinning, puppet shows, the dance of Sadang, and sword dancing. Among these performances, some, such as Sotdaetagi, Ssangjulbaegi, double tightrope walking, bell juggling and sword dancing (Punggakjaengipae), have since ceased to exist. The troupes of entertainers depicted in Nectar of Immortality are Sadangpae, Namsadangpae, Sotdaejaengipae, Choranipae, Punggakjaenipae, Gutjungpae, and circus troupes. When, after itinerant lives, these entertainers die, they become forlorn wandering spirits with no descendants to perform their memorial services. The entertainers in the performance scenes are the embodiment of souls who are the subjects of salvation through Suryukjae. Among these entertainers, Sotdaejaengipae, Sadangpae, Choranipae, Punggakjaenipae and Gutjungpae no longer exist. In sum, Nectar of Immortality provides insight into the vanished content of numerous historic forms of performance and the activities of nomadic troupes of entertainers.

A Study on the Reinforcement Plan for the Local Government to Respond to the Climate Change through the Survey of Residents Consciousness - Focused on the Gangnam-gu - (주민 의식 조사를 통한 지자체 기후변화 대응 강화 방안에 관한 연구 - 강남구를 중심으로 -)

  • Choi, Bong Seok;Park, Kyung Eun;Jeon, Eui Chan
    • Journal of Climate Change Research
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    • v.5 no.1
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    • pp.83-94
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    • 2014
  • Gangnam-gu, where the survey of residents' consciousness has been made in this study, is the district shows the highest rate of the energy consumption and greenhouse gas emission per unit area except some industrial districts such as Gwangyang, Ulsan, and Pohang. The greenhouse gas emission amount of Gangnam-gu is 4,863,765 $tCO_2$ which accounts for 10 % of the total discharging amount of Seoul, 50,330,356 $tCO_2$, which is ranked the top greenhouse gas emission rate in the commercial category and the 2nd place in the household category. The average recognition rate for the 5 subjects of the global warming phenomenons has indicated to be 83.58%. A survey questioning about the main agent to reduce the greenhouse gas, in all age groups except 20s have replied that it should be done by themselves, the residents of Gangnam-gu. For the question of the role of local government to respond to the climate change, the necessity of establishing infrastructure which is suitable for walking and biking. For the other question about the educational facilities to cope with the climate change, many answered the relevant education should be processed from the middle and high schools. For the practical activities in daily life to respond to the climate change, many replies have shown that the energy and resource conservation has been practiced pretty well broadly, but the ecomileage (former carbon mileage) has not been practiced well. Also, many replies have pointed that there were no benefits or rewards for the people who practiced the eco-mileage in their daily lives, which indicates that a kind of incentive is necessary for the efforts to respond to the climate change from the local government to execute the policy substantially and effectively. This study has the purpose to search the political countermeasures to improve the potentiality to reduce the green house gas emission rate through the residents conscious survey about climate change and the political solution by the local government to improve the certain items which showed the lower awareness rate.

A Study on Seeking a Multilateral Cooperation Framework for the Inter-Korean Exchange of Intangible Cultural Heritage - Through a Multinational Nomination of a Representative List of Intangible Cultural Heritage of Humanity - (남북 무형유산 교류 협력의 다자간 협력 틀 모색 - 유네스코 인류무형문화유산 남북 공동 등재 사례 -)

  • Kim, Deoksoon
    • Korean Journal of Heritage: History & Science
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    • v.52 no.3
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    • pp.252-269
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    • 2019
  • Since the inauguration of the Kim Jong-un regime in 2012, the safeguarding and management system of cultural heritage in the Democratic People's Republic of Korea (DPRK) has been changing to a form similar to that of a democratic country's legal system. In addition, the National Authority for the Protection of Cultural Heritage (NAPCH) has continuously recorded and cataloged intangible cultural heritage elements in the DPRK, listing Arirang, kimchi-making, and ssireum on the UNESCO Intangible Cultural Heritage Representative List. In particular, the multinational nomination of ssireum in October 2018 is symbolic in terms of inter-Korean exchanges and cooperation for peace and reconciliation, raising expectations for the further multinational nomination of the two Koreas' intangible cultural heritage. Currently, South Korea lists 20 items on its Representative List of the Intangible Cultural Heritage of Humanity, three of which are shared by various countries with multinational nominations such as falconry, tug-of-war, and ssireum. However, when comparing the process of applying for multinational nomination in the three elements that follow, it is necessary to discuss whether these cases reflect the nature of multinational nomination. In particular, in the case of ssireum, without a working-level consultation between the two Koreas to prepare an application for a multinational nomination, each applied for a single registration; these applications were approved exceptionally as a multinational nomination by the Intergovernmental Committee under the leadership of the Secretary-General of UNESCO, and no bilateral exchanges have taken place until now. This is symbolic, formal, and substantially similar to the individual listings in terms of the spirit of co-listing on the premise of mutual exchange and cooperation. Therefore, the only way to strengthen the effectiveness of the multinational nomination between the two Koreas and to guarantee the spirit of multinational nomination is to request multilateral co-registration, including the two Koreas. For this, the Korean government needs a strategic approach, such as finding elements for multilateral co-listing; accumulating expertise, capabilities, and experience as a leading country in multilateral co-listing; and building cooperative governance with stakeholders. Besides, to reduce the volatility of inter-Korean cultural exchanges and cooperation depending on political situations and the special nature of inter-Korean relations, measures should be taken toward achieving inter-Korean cultural heritage exchanges and cooperation under a multilateral cooperation system using UNESCO, an international organization.

Disaster Risk Assessment using QRE Assessment Tool in Disaster Cases in Seoul Metropolitan (서울시 재난 사례 QRE 평가도구를 활용한 재난 위험도 평가)

  • Kim, Yong Moon;Lee, Tae Shik
    • Journal of Korean Society of Disaster and Security
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    • v.12 no.1
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    • pp.11-21
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    • 2019
  • This study assessed the risk of disaster by using QRE(Quick Risk Estimation - UNISDR Roll Model City of Basic Evaluation Tool) tools for three natural disasters and sixteen social disasters managed by the Seoul Metropolitan Government. The criteria for selecting 19 disaster types in Seoul are limited to disasters that occur frequently in the past and cause a lot of damage to people and property if they occur. We also considered disasters that are likely to occur in the future. According to the results of the QRE tools for disaster type in Seoul, the most dangerous type of disaster among the Seoul city disasters was "suicide accident" and "deterioration of air quality". Suicide risk is high and it is not easy to take measures against the economic and psychological problems of suicide. This corresponds to the Risk ratings(Likelihood ranking score & Severity rating) "M6". In contrast, disaster types with low risk during the disaster managed by the city of Seoul were analyzed as flooding, water leakage, and water pollution accidents. In the case of floods, there is a high likelihood of disaster such as localized heavy rains and typhoons. However, the city of Seoul has established a comprehensive plan to reduce floods and water every five years. This aspect is considered to be appropriate for disaster prevention preparedness and relatively low disaster risk was analyzed. This corresponds to the disaster Risk ratings(Likelihood ranking score & Severity rating) "VL1". Finally, the QRE tool provides the city's leaders and disaster managers with a quick reference to the risk of a disaster so that decisions can be made faster. In addition, the risk assessment using the QRE tool has helped many aspects such as systematic evaluation of resilience against the city's safety risks, basic data on future investment plans, and disaster response.

A Study on the Micro-Topography Landscape Characteristics and Waterfront Landscape Style of Waterfront in Korean Jingyeong Landscape Painting (겸재 정선의 진경산수화에 나타난 수변의 미지형 경관 특성과 하경양식)

  • Kim, Yong-Hee;Kang, Young-Jo
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.1
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    • pp.26-38
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    • 2019
  • This study is based on the analysis of the characteristics of waterfront scenery. Recently, waterfront development has expanded residentially, commercially and into leisure space. In the development of the waterfront, it is necessary to apply designs suitable for urban and various other waterfront areas. In this study, the natural scenery of the waterfront was researched with respect to the Korean Jingyeong landscape paintings and the main elements of the scenery were analyzed. In this study, 105 painting of Korean Jingyeong landscapes paintings were selected for the analysis of the waterside scenery. The paintings of Jeong Seon were studied to categorize streams topographically into mountainous, upper, middle, lower, and ocean types. In addition, major micro-topography elements, which are 13 water image elements and 13 staffage elements were analyzed. The main waterfront landscape elements are divided into 13 types. The waterfalls were divided into long waterfalls, short waterfalls, cascading waterfalls, and other aspects considered were line stream, curve stream, multi-curve stream, pond, water surface, flow surface, wave surface, rock side, pile sandy side, sandy side. There are 13 kinds of staffage elements, include pine forest, pine trees, fir trees, bamboo trees, willow trees, broadleaf tree, villages, houses, gazebo, boat, bridges, and people. The waterfront landscape by a river area was explained according to each characteristic of the waterfront landscape and staffage, and their changes were analyzed in each area. The 105 paintings were divided into 35 pieces of mountainous streams, 9 upper streams, 5 middle streams, 35 lower streams, and 21 oceans, and the change of each waterfront landscape and staffage was analyzed. Based on the topographical analysis of the waterfront landscape and staffage, the results can be summarized into 5 types of the waterfront landscape. Based on the micro-topographical characteristics of the waterfront landscape styles are as follow. In the mountainous streams, long waterfall and deep forest type are apparent, which depicts deep mountain waterfall scenery, and a multi-stream forest is the scenery of a picnic in the mountains, which is a representative form of mountainous streams landscape. In the upper-middle stream, the water-surface and gazebo type is predominant. In the lower stream, the sandy-gazebo typ scenery is predominant and the sandy depiction is unique to lower stream landscape. Pile sandy-dock type is life scenes where human activity highlighted, is a representative form of the lower stream landscapes. The characteristic of the coastal landscape is the serpentine rock scenery on the beach and the wave-serpentine rock type that forms the main coastal landscape. The study aims to propose significant design elements for a natural waterfront landscape planning based on the analysis of landscape in the paintings of Jeong Seon.

On the Characteristic and Representation of Kyodong Island Soundscape (교동도 사운드스케이프의 특성과 재현)

  • Kim, Ji-na;Zoh, Kyung-Jin;Kwon, Byung-Jun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.1
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    • pp.57-75
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    • 2019
  • Soundscapes have the potential to help people experience the historical background and cultural traditions by the scenery of a local area and to be used as a cultural and tourism resource. This concept was first explained in detail by M. Schafer and has been developed as a new way of experiencing landscapes using various senses. This research studied the soundscape of Kyodong Island, the so-called "Island of Peace" and designed new cultural acoustic content for education and tourism. Kyodong Island is located right below the Northern Limit Line and the whole island is in the Civilian Controlled Area. The political and economic status of the island has been changed dynamically by the Korean War and the division of the country. These days, the island needs to realize the vision of the "Island of Peace" in a more creative way using local resources, including its "cold war landscape" and the natural scenery of the region. This research applied the concept of a soundscape to document the island, and to reproduce it in an artistic way. A workshop was conducted to learn concepts and techniques of soundscapes with a sound artist. Listening, recording, conducting interviews, and literature research was used to study the soundscape of the island. After that, this research reconstructed the soundscape of the island through a soundscape composition. The main theme of the composition story was the "Hope and Wish for the Harmony and Peace" to show the vision of the "Island of Peace". The initial sub-theme for the introduction part was "First Encounter with Kyodong Island" arranging the representative soundscape, which could be the first impression of the region. The second sub-theme was "War and Tension" using several soundscapes as a metaphor for the tragedy of the Korean War. The third sub-theme was "Everyday Life of Kyodong Island" which described the energy of the present day, after the wounds of the war have healed. The final sub-theme was "Harmony and Peace" using traditional music and keynote sounds of the region as a reminder of the peaceful past, before the war. The recording files were documented as two types of sound maps. One was a two-dimensional map to show the soundscapes from one point of view, and the other used the online application called "Sound Around You". The final artwork was displayed at an exhibition and uploaded on YouTube to be shared publicly. Through this project, we discovered the potential of soundscapes as a medium to preserve the history and local identity, as well as presenting a new vision. The artwork will be exhibited at historically and culturally meaningful places on the Island to utilize the underused places as local tourist attractions and educational resources.

Childhood Tuberculosis Contact Investigation and Treatment of Latent Tuberculosis Infection: a Single Center Study, 2014-2017 (소아청소년 결핵 접촉자 검진 및 잠복결핵감염의 치료 현황: 2014-2017 단일 기관 연구)

  • Hwang, Woo Jin;Lee, Go Un;Kim, So Hyun;Cho, Eun Young
    • Pediatric Infection and Vaccine
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    • v.26 no.1
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    • pp.32-41
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    • 2019
  • Purpose: In order to prevent tuberculosis transmission early, it is important to diagnose and treat tuberculosis infection by investigating people who have contact with patients with active tuberculosis. Methods: From July 2014 to June 2017, the intrafamilial childhood contacts of the patients who were diagnosed with active tuberculosis at Chungnam National University Hospital were investigated for the presence of tuberculosis infection. We also retrospectively analyzed the treatment status of children treated with latent tuberculosis infection (LTBI) during the same period. Results: Among the 269 children who had intrafamilial contact with active tuberculosis patient, 20 (7.4%) did not receive any screening. At the first screening, one (0.4%) was diagnosed with pulmonary tuberculosis, seven (2.8%) had a previous history of tuberculosis infection, and 42 patients (16.9%) were diagnosed with LTBI. At the second screening, 29 patients (11.6%) were diagnosed with LTBI, and 61 patients did not finish the investigation. Only 188 (69.9%) out of 269 patients completed the investigation. Ninety patients received treatment for LTBI and 83 patients (92.2%) completed the treatment, of which 18 patients had side effects such as rash, fatigue, and gastrointestinal symptoms. However, there were no serious side effects requiring treatment discontinuation. Conclusions: The completion rate of childhood tuberculosis contact investigation was low, but the completion rate of LTBI treatment was high in children without serious side effects. In order to prevent and manage the spread of tuberculosis, active private-public partnership efforts and education of the patient and guardian are needed.