• Title/Summary/Keyword: Independent core

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Development of the Accident Prediction Model for Enlisted Men through an Integrated Approach to Datamining and Textmining (데이터 마이닝과 텍스트 마이닝의 통합적 접근을 통한 병사 사고예측 모델 개발)

  • Yoon, Seungjin;Kim, Suhwan;Shin, Kyungshik
    • Journal of Intelligence and Information Systems
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    • v.21 no.3
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    • pp.1-17
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    • 2015
  • In this paper, we report what we have observed with regards to a prediction model for the military based on enlisted men's internal(cumulative records) and external data(SNS data). This work is significant in the military's efforts to supervise them. In spite of their effort, many commanders have failed to prevent accidents by their subordinates. One of the important duties of officers' work is to take care of their subordinates in prevention unexpected accidents. However, it is hard to prevent accidents so we must attempt to determine a proper method. Our motivation for presenting this paper is to mate it possible to predict accidents using enlisted men's internal and external data. The biggest issue facing the military is the occurrence of accidents by enlisted men related to maladjustment and the relaxation of military discipline. The core method of preventing accidents by soldiers is to identify problems and manage them quickly. Commanders predict accidents by interviewing their soldiers and observing their surroundings. It requires considerable time and effort and results in a significant difference depending on the capabilities of the commanders. In this paper, we seek to predict accidents with objective data which can easily be obtained. Recently, records of enlisted men as well as SNS communication between commanders and soldiers, make it possible to predict and prevent accidents. This paper concerns the application of data mining to identify their interests, predict accidents and make use of internal and external data (SNS). We propose both a topic analysis and decision tree method. The study is conducted in two steps. First, topic analysis is conducted through the SNS of enlisted men. Second, the decision tree method is used to analyze the internal data with the results of the first analysis. The dependent variable for these analysis is the presence of any accidents. In order to analyze their SNS, we require tools such as text mining and topic analysis. We used SAS Enterprise Miner 12.1, which provides a text miner module. Our approach for finding their interests is composed of three main phases; collecting, topic analysis, and converting topic analysis results into points for using independent variables. In the first phase, we collect enlisted men's SNS data by commender's ID. After gathering unstructured SNS data, the topic analysis phase extracts issues from them. For simplicity, 5 topics(vacation, friends, stress, training, and sports) are extracted from 20,000 articles. In the third phase, using these 5 topics, we quantify them as personal points. After quantifying their topic, we include these results in independent variables which are composed of 15 internal data sets. Then, we make two decision trees. The first tree is composed of their internal data only. The second tree is composed of their external data(SNS) as well as their internal data. After that, we compare the results of misclassification from SAS E-miner. The first model's misclassification is 12.1%. On the other hand, second model's misclassification is 7.8%. This method predicts accidents with an accuracy of approximately 92%. The gap of the two models is 4.3%. Finally, we test if the difference between them is meaningful or not, using the McNemar test. The result of test is considered relevant.(p-value : 0.0003) This study has two limitations. First, the results of the experiments cannot be generalized, mainly because the experiment is limited to a small number of enlisted men's data. Additionally, various independent variables used in the decision tree model are used as categorical variables instead of continuous variables. So it suffers a loss of information. In spite of extensive efforts to provide prediction models for the military, commanders' predictions are accurate only when they have sufficient data about their subordinates. Our proposed methodology can provide support to decision-making in the military. This study is expected to contribute to the prevention of accidents in the military based on scientific analysis of enlisted men and proper management of them.

The Policy of Win-Win Growth between Large and Small Enterprises : A South Korean Model (한국형 동반성장 정책의 방향과 과제)

  • Lee, Jang-Woo
    • Korean small business review
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    • v.33 no.4
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    • pp.77-93
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    • 2011
  • Since 2000, the employment rate of small and medium enterprises (SMEs) has dwindled while the creation of new jobs and the emergence of healthy SMEs have been stagnant. The fundamental reason for these symptoms is that the economic structure is disadvantageous to SMEs. In particular, the greater gap between SMEs and large enterprises has resulted in polarization, and the resulting imbalance has become the largest obstacle to improving SMEs' competitiveness. For example, the total productivity has continued to drop, and the average productivity of SMEs is now merely 30% of that of large enterprises, and the average wage of SMEs' employees is only 53% of that of large enterprises. Along with polarization, rapid industrialization has also caused anti-enterprise consensus, the collapse of the middle class, hostility towards establishments, and other aftereffects. The general consensus is that unless these problems are solved, South Korea will not become an advanced country. Especially, South Korea is now facing issues that need urgent measures, such as the decline of its economic growth, the worsening distribution of profits, and the increased external volatility. Recognizing such negative trends, the MB administration proposed a win-win growth policy and recently introduced a new national value called "ecosystemic development." As the terms in such policy agenda are similar, however, the conceptual differences among such terms must first be fully understood. Therefore, in this study, the concepts of win-win growth policy and ecosystemic development, and the need for them, were surveyed, and their differences from and similarities with other policy concepts like win-win cooperation and symbiotic development were examined. Based on the results of the survey and examination, the study introduced a South Korean model of win-win growth, targeting the promotion of a sound balance between large enterprises and SMEs and an innovative ecosystem, and finally, proposing future policy tasks. Win-win growth is not an academic term but a policy term. Thus, it is less advisable to give a theoretical definition of it than to understand its concept based on its objective and method as a policy. The core of the MB administration's win-win growth policy is the creation of a partnership between key economic subjects such as large enterprises and SMEs based on each subject's differentiated capacity, and such economic subjects' joint promotion of growth opportunities. Its objective is to contribute to the establishment of an advanced capitalistic system by securing the sustainability of the South Korean economy. Such win-win growth policy includes three core concepts. The first concept, ecosystem, is that win-win growth should be understood from the viewpoint of an industrial ecosystem and should be pursued by overcoming the issues of specific enterprises. An enterprise is not an independent entity but a social entity, meaning it exists in relationship with the society (Drucker, 2011). The second concept, balance, points to the fact that an effort should be made to establish a systemic and social infrastructure for a healthy balance in the industry. The social system and infrastructure should be established in such a way as to create a balance between short- term needs and long-term sustainability, between freedom and responsibility, and between profitability and social obligations. Finally, the third concept is the behavioral change of economic entities. The win-win growth policy is not merely about simple transactional relationships or determining reasonable prices but more about the need for a behavior change on the part of economic entities, without which the objectives of the policy cannot be achieved. Various advanced countries have developed different win-win growth models based on their respective cultures and economic-development stages. Japan, whose culture is characterized by a relatively high level of group-centered trust, has developed a productivity improvement model based on such culture, whereas the U.S., which has a highly developed system of market capitalism, has developed a system that instigates or promotes market-oriented technological innovation. Unlike Japan or the U.S., Europe, a late starter, has not fully developed a trust-based culture or market capitalism and thus often uses a policy-led model based on which the government leads the improvement of productivity and promotes technological innovation. By modeling successful cases from these advanced countries, South Korea can establish its unique win-win growth system. For this, it needs to determine the method and tasks that suit its circumstances by examining the prerequisites for its success as well as the strengths and weaknesses of each advanced country. This paper proposes a South Korean model of win-win growth, whose objective is to upgrade the country's low-trust-level-based industrial structure, in which large enterprises and SMEs depend only on independent survival strategies, to a high-trust-level-based social ecosystem, in which large enterprises and SMEs develop a cooperative relationship as partners. Based on this objective, the model proposes the establishment of a sound balance of systems and infrastructure between large enterprises and SMEs, and to form a crenovative social ecosystem. The South Korean model of win-win growth consists of three axes: utilization of the South Koreans' potential, which creates community-oriented energy; fusion-style improvement of various control and self-regulated systems for establishing a high-trust-level-oriented social infrastructure; and behavioral change on the part of enterprises in terms of putting an end to their unfair business activities and promoting future-oriented cooperative relationships. This system will establish a dynamic industrial ecosystem that will generate creative energy and will thus contribute to the realization of a sustainable economy in the 21st century. The South Korean model of win-win growth should pursue community-based self-regulation, which promotes the power of efficiency and competition that is fundamentally being pursued by capitalism while at the same time seeking the value of society and community. Already existing in Korea's traditional roots, such objectives have become the bases of the Shinbaram culture, characterized by the South Koreans' spontaneity, creativity, and optimism. In the process of a community's gradual improvement of its rules and procedures, the trust among the community members increases, and the "social capital" that guarantees the successful control of shared resources can be established (Ostrom, 2010). This basic ideal can help reduce the gap between large enterprises and SMEs, alleviating the South Koreans' victim mentality in the face of competition and the open-door policy, and creating crenovative corporate competitiveness. The win-win growth policy emerged for the purpose of addressing the polarization and imbalance structure resulting from the evolution of 21st-century capitalism. It simultaneously pursues efficiency and fairness on one hand and economic and community values on the other, and aims to foster efficient interaction between the market and the government. This policy, however, is also evolving. The win-win growth policy can be considered an extension of the win-win cooperation that the past 'Participatory Government' promoted at the enterprise management level to the level of systems and culture. Also, the ecosystemic development agendum that has recently emerged is a further extension that has been presented as a national ideal of "a new development model that promotes the co-advancement of environmental conservation, growth, economic development, social integration, and national and individual development."

Feasibility of Deep Learning Algorithms for Binary Classification Problems (이진 분류문제에서의 딥러닝 알고리즘의 활용 가능성 평가)

  • Kim, Kitae;Lee, Bomi;Kim, Jong Woo
    • Journal of Intelligence and Information Systems
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    • v.23 no.1
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    • pp.95-108
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    • 2017
  • Recently, AlphaGo which is Bakuk (Go) artificial intelligence program by Google DeepMind, had a huge victory against Lee Sedol. Many people thought that machines would not be able to win a man in Go games because the number of paths to make a one move is more than the number of atoms in the universe unlike chess, but the result was the opposite to what people predicted. After the match, artificial intelligence technology was focused as a core technology of the fourth industrial revolution and attracted attentions from various application domains. Especially, deep learning technique have been attracted as a core artificial intelligence technology used in the AlphaGo algorithm. The deep learning technique is already being applied to many problems. Especially, it shows good performance in image recognition field. In addition, it shows good performance in high dimensional data area such as voice, image and natural language, which was difficult to get good performance using existing machine learning techniques. However, in contrast, it is difficult to find deep leaning researches on traditional business data and structured data analysis. In this study, we tried to find out whether the deep learning techniques have been studied so far can be used not only for the recognition of high dimensional data but also for the binary classification problem of traditional business data analysis such as customer churn analysis, marketing response prediction, and default prediction. And we compare the performance of the deep learning techniques with that of traditional artificial neural network models. The experimental data in the paper is the telemarketing response data of a bank in Portugal. It has input variables such as age, occupation, loan status, and the number of previous telemarketing and has a binary target variable that records whether the customer intends to open an account or not. In this study, to evaluate the possibility of utilization of deep learning algorithms and techniques in binary classification problem, we compared the performance of various models using CNN, LSTM algorithm and dropout, which are widely used algorithms and techniques in deep learning, with that of MLP models which is a traditional artificial neural network model. However, since all the network design alternatives can not be tested due to the nature of the artificial neural network, the experiment was conducted based on restricted settings on the number of hidden layers, the number of neurons in the hidden layer, the number of output data (filters), and the application conditions of the dropout technique. The F1 Score was used to evaluate the performance of models to show how well the models work to classify the interesting class instead of the overall accuracy. The detail methods for applying each deep learning technique in the experiment is as follows. The CNN algorithm is a method that reads adjacent values from a specific value and recognizes the features, but it does not matter how close the distance of each business data field is because each field is usually independent. In this experiment, we set the filter size of the CNN algorithm as the number of fields to learn the whole characteristics of the data at once, and added a hidden layer to make decision based on the additional features. For the model having two LSTM layers, the input direction of the second layer is put in reversed position with first layer in order to reduce the influence from the position of each field. In the case of the dropout technique, we set the neurons to disappear with a probability of 0.5 for each hidden layer. The experimental results show that the predicted model with the highest F1 score was the CNN model using the dropout technique, and the next best model was the MLP model with two hidden layers using the dropout technique. In this study, we were able to get some findings as the experiment had proceeded. First, models using dropout techniques have a slightly more conservative prediction than those without dropout techniques, and it generally shows better performance in classification. Second, CNN models show better classification performance than MLP models. This is interesting because it has shown good performance in binary classification problems which it rarely have been applied to, as well as in the fields where it's effectiveness has been proven. Third, the LSTM algorithm seems to be unsuitable for binary classification problems because the training time is too long compared to the performance improvement. From these results, we can confirm that some of the deep learning algorithms can be applied to solve business binary classification problems.

An Empirical Study on Motivation Factors and Reward Structure for User's Createve Contents Generation: Focusing on the Mediating Effect of Commitment (창의적인 UCC 제작에 영향을 미치는 동기 및 보상 체계에 대한 연구: 몰입에 매개 효과를 중심으로)

  • Kim, Jin-Woo;Yang, Seung-Hwa;Lim, Seong-Taek;Lee, In-Seong
    • Asia pacific journal of information systems
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    • v.20 no.1
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    • pp.141-170
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    • 2010
  • User created content (UCC) is created and shared by common users on line. From the user's perspective, the increase of UCCs has led to an expansion of alternative means of communications, while from the business perspective UCCs have formed an environment in which an abundant amount of new contents can be produced. Despite outward quantitative growth, however, many aspects of UCCs do not meet the expectations of general users in terms of quality, and this can be observed through pirated contents and user-copied contents. The purpose of this research is to investigate effective methods for fostering production of creative user-generated content. This study proposes two core elements, namely, reward and motivation, which are believed to enhance content creativity as well as the mediating factor and users' committement, which will be effective for bridging the increasing motivation and content creativity. Based on this perspective, this research takes an in-depth look at issues related to constructing the dimensions of reward and motivation in UCC services for creative content product, which are identified in three phases. First, three dimensions of rewards have been proposed: task dimension, social dimension, and organizational dimention. The task dimension rewards are related to the inherent characteristics of a task such as writing blog articles and pasting photos. Four concrete ways of providing task-related rewards in UCC environments are suggested in this study, which include skill variety, task significance, task identity, and autonomy. The social dimensioni rewards are related to the connected relationships among users. The organizational dimension consists of monetary payoff and recognition from others. Second, the two types of motivations are suggested to be affected by the diverse rewards schemes: intrinsic motivation and extrinsic motivation. Intrinsic motivation occurs when people create new UCC contents for its' own sake, whereas extrinsic motivation occurs when people create new contents for other purposes such as fame and money. Third, commitments are suggested to work as important mediating variables between motivation and content creativity. We believe commitments are especially important in online environments because they have been found to exert stronger impacts on the Internet users than other relevant factors do. Two types of commitments are suggested in this study: emotional commitment and continuity commitment. Finally, content creativity is proposed as the final dependent variable in this study. We provide a systematic method to measure the creativity of UCC content based on the prior studies in creativity measurement. The method includes expert evaluation of blog pages posted by the Internet users. In order to test the theoretical model of our study, 133 active blog users were recruited to participate in a group discussion as well as a survey. They were asked to fill out a questionnaire on their commitment, motivation and rewards of creating UCC contents. At the same time, their creativity was measured by independent experts using Torrance Tests of Creative Thinking. Finally, two independent users visited the study participants' blog pages and evaluated their content creativity using the Creative Products Semantic Scale. All the data were compiled and analyzed through structural equation modeling. We first conducted a confirmatory factor analysis to validate the measurement model of our research. It was found that measures used in our study satisfied the requirement of reliability, convergent validity as well as discriminant validity. Given the fact that our measurement model is valid and reliable, we proceeded to conduct a structural model analysis. The results indicated that all the variables in our model had higher than necessary explanatory powers in terms of R-square values. The study results identified several important reward shemes. First of all, skill variety, task importance, task identity, and automony were all found to have significant influences on the intrinsic motivation of creating UCC contents. Also, the relationship with other users was found to have strong influences upon both intrinsic and extrinsic motivation. Finally, the opportunity to get recognition for their UCC work was found to have a significant impact on the extrinsic motivation of UCC users. However, different from our expectation, monetary compensation was found not to have a significant impact on the extrinsic motivation. It was also found that commitment was an important mediating factor in UCC environment between motivation and content creativity. A more fully mediating model was found to have the highest explanation power compared to no-mediation or partially mediated models. This paper ends with implications of the study results. First, from the theoretical perspective this study proposes and empirically validates the commitment as an important mediating factor between motivation and content creativity. This result reflects the characteristics of online environment in which the UCC creation activities occur voluntarily. Second, from the practical perspective this study proposes several concrete reward factors that are germane to the UCC environment, and their effectiveness to the content creativity is estimated. In addition to the quantitive results of relative importance of the reward factrs, this study also proposes concrete ways to provide the rewards in the UCC environment based on the FGI data that are collected after our participants finish asnwering survey questions. Finally, from the methodological perspective, this study suggests and implements a way to measure the UCC content creativity independently from the content generators' creativity, which can be used later by future research on UCC creativity. In sum, this study proposes and validates important reward features and their relations to the motivation, commitment, and the content creativity in UCC environment, which is believed to be one of the most important factors for the success of UCC and Web 2.0. As such, this study can provide significant theoretical as well as practical bases for fostering creativity in UCC contents.

Ammonium Nitrate Explosion Technique for the Establishment of Orchard (산지과수(山地果樹)의 재식(栽植)을 위(爲)한 폭약이용(爆藥利用)에 관(關)한 연구(硏究))

  • Yoo, S.H.;Koh, K.C.;Park, M.E.
    • Korean Journal of Soil Science and Fertilizer
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    • v.12 no.4
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    • pp.169-178
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    • 1980
  • Ammonium nitrate explosion technique was applied to seek a convenient method for the establishment of orchard on the undulating to rolling land or hill side of Pogog clay loam soil (Fine Aquic Fragiudalfs : Planosols) having high bulk density and low permeability. Explosions were made by three ammonium nitrate explosives placed in the bottom of 90cm deep auger hole with every 2m interval (Explosion I) and 4m interval (Explosion II) respectively. The effect of the explosion on physical properties of the soil was investigated and compared with the effect induced by manual digging, excavation of $1m{\times}1m$ in diameter and depth (Manual digging I) and trenching of $1m{\times}1m{\times}25m$ in width, depth, and length (Manual digging II) respectively. The results investigated after 7 months from the treatments are summarized as follows : 1. The explosion or manual digging reduced bulk density and hardness, whereas the treatments increased porosity, hydraulic conductivity, and available moisture-holding capacity of the soil. 2. The explosion of 4 m interval improved physical properties of the soil to optimum level up to 70cm of the distance from the explosion core in the range of depth 0-60cm, while in the case of depth from 60 to 100cm the optimum level was achieved only within 50cm radius. 3. When exploded in 2 m interval, the effect in the 0-60cm depth was overlapped between two explosion cores. The effect in the depth between 60 and 100cm, however, was found to be independent of the explosion intervals. 4. The manual digging was only costly and laborious but effective only within the work-up zone. 5. For the soils having bulk density higher than $1.4g/cm^3$ after the treatments, the field capacity determined 72 hours after a heavy rain was lower than the laboratory estimate at the suction of 1/3 atm. 6. The top growth of apple tree for the first year revealed that the explosion seemed better treatment than the manual digging, even though the difference was insignificant.

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Speed-up Techniques for High-Resolution Grid Data Processing in the Early Warning System for Agrometeorological Disaster (농업기상재해 조기경보시스템에서의 고해상도 격자형 자료의 처리 속도 향상 기법)

  • Park, J.H.;Shin, Y.S.;Kim, S.K.;Kang, W.S.;Han, Y.K.;Kim, J.H.;Kim, D.J.;Kim, S.O.;Shim, K.M.;Park, E.W.
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.19 no.3
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    • pp.153-163
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    • 2017
  • The objective of this study is to enhance the model's speed of estimating weather variables (e.g., minimum/maximum temperature, sunshine hour, PRISM (Parameter-elevation Regression on Independent Slopes Model) based precipitation), which are applied to the Agrometeorological Early Warning System (http://www.agmet.kr). The current process of weather estimation is operated on high-performance multi-core CPUs that have 8 physical cores and 16 logical threads. Nonetheless, the server is not even dedicated to the handling of a single county, indicating that very high overhead is involved in calculating the 10 counties of the Seomjin River Basin. In order to reduce such overhead, several cache and parallelization techniques were used to measure the performance and to check the applicability. Results are as follows: (1) for simple calculations such as Growing Degree Days accumulation, the time required for Input and Output (I/O) is significantly greater than that for calculation, suggesting the need of a technique which reduces disk I/O bottlenecks; (2) when there are many I/O, it is advantageous to distribute them on several servers. However, each server must have a cache for input data so that it does not compete for the same resource; and (3) GPU-based parallel processing method is most suitable for models such as PRISM with large computation loads.

Assessment and Calibration of Ultrasonic Velocity Measurement for Estimating the Weathering Index of Stone Cultural Heritage (석조문화재의 풍화지수 산정을 위한 초음파속도의 평가 및 보정)

  • Lee, Young-Jun;Keehm, Young-Seuk;Lee, Min-Hui;Han, June-Hee;Kim, Min-Su
    • Journal of the Korean earth science society
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    • v.33 no.2
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    • pp.126-138
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    • 2012
  • Ultrasonic method is widely used for the evaluation of weathering index and of degree of deterioration because it is easily applicable $in$ $situ$. The basic idea of the method is that the ultrasonic velocity decreases as a rock is being weathered. Thus, the difference of ultrasonic velocities between fresh rock and weathered rock indicates the degree of weathering. In this method, the ultrasonic velocity of fresh rock is assumed to be 5,000 m/s. However, this assumption can cause significant errors in estimating weathering index, especially in case that those rocks of the same type have a wide range of ultrasonic velocities such as in Korea. Therefore, we obtained twenty rock specimens and sixty core samples commonly used for stone cultural heritages in Korea, and measured ultrasonic velocities. From the results, we found that the ultrasonic velocities of the same rock type, granite samples range from 3,118 to 5,380 m/s, and that the estimated weathering index can be highly biased if we use the fixed value of 5,000 m/s. We created a database (DB) by combining the measurement data and reported it. We also measured ultrasonic velocities by direct and indirect methods to quantify the calibration coefficient for each sampling site. We found that the calibration coefficients vary widely from site to site (1.31-1.76). Other factors, such as operator bias and temperature did not show any significant effect on errors in ultrasonic velocity measurements. Lastly, we applied our ultrasonic velocity DB and calibration coefficients to a stone cultural heritage, Bonghwang-ri Buddha statue. Our estimation of the weathering index was 0.3, 0.1 smaller than that by conventional method. The degree of deterioration was also different, "moderately weathered", while conventional method gave "highly weathered". Since other independent studies reported that the degree of deterioration of the Buddha statue was "moderately weathered", our estimation seems to be more accurate. Thus our method can help accurately evaluate the weathering index and the conservation planning for a stone cultural heritage.

Analysis of Teachers' Perceptions on the Subject Competencies of Integrated Science (통합과학 교과 역량에 대한 교사들의 인식 분석)

  • Ahn, Yumin;Byun, Taejin
    • Journal of The Korean Association For Science Education
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    • v.40 no.2
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    • pp.97-111
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    • 2020
  • In the 2015 revised curriculum, 'Integrated Science' was established to increase convergent thinking and designated as a common subject for all students to learn, regardless of career. In addition, the 2015 revised curriculum introduced 'competence' as a distinctive feature from the previous curriculum. In the 2015 revised curriculum, competencies are divided into core competencies of cross-curricular character and subject competencies based on academic knowledge and skills of the subject. The science curriculum contains five subject competencies: scientific thinking, scientific inquiry, scientific problem solving, scientific communication, scientific participation and life-long learning. However, the description of competencies in curriculum documents is insufficient, and experts' perceptions of competencies are not uniform. Therefore, this study examines the perceptions of science subjects in science high school teachers by deciding that comprehension of competencies should be preceded in order for competency-based education to be properly applied to school sites. First, we analyzed the relationship between achievement standards and subject competencies of integrated science through the operation of an expert working group with a high understanding of the integrated science achievement standards. Next, 31 high school science teachers examined the perception of the five subject competencies through a descriptive questionnaire. The semantic network analysis has been utilized to analyze the teachers' responses. The results of the analysis showed that the three curriculum competencies of scientific inquiry, scientific communication, scientific participation and life-long learning ability are similar to the definitions of teachers and curriculum documents, but in the case of scientific thinking and scientific problem solving, there are some gaps in perception and definition in curriculum documents. In addition, the results of the comprehensive analysis of teachers' perceptions on the five competencies show that the five curriculum competencies are more relevant than mutually exclusive or independent.

On the Novel Concept of "Accident" in the 1999 Montreal Convention -GN v. ZU, CJEU, 2019. 12. 19., C-532/18- (1999년 몬트리올 협약상 "사고"의 새로운 개념에 대한 고찰 - GN v. ZU, CJEU, 2019.12.19., C-532/18 -)

  • An, Ju-Yun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.3-40
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    • 2020
  • The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

A Study on the Application and Development of Contents through Digitalizing Korean Patterns (한국문양의 디지털컨텐츠 개발과 활용에 관한 연구)

  • 박현택
    • Archives of design research
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    • v.16 no.3
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    • pp.201-210
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    • 2003
  • The world is preparing another unseen war, that is, the cultural war of digital economy which will dominate the new millenium. As the “contents”, which are composed of various ingredients of media, gain vitality, the developed nations are in preparation of the war with the “cultural industry” weapons. The digital economic experts say that the left out nations will become economic colony in the new millenium age. The most important characteristics of cultural industry is the unity of creativity and culture which is all the more improved on the basis of the culture created upon knowledge. This leads to competition between nations or regions, and to survive one has to develop the industrial structure through cognition of its own cultural value. Furthermore, it is not a short-term development and investment of cultural products but a study on the method to graft the cultural value to the industry itself. The multi-media period does not accept an independent medium, and the contents products are becoming the leading industry since il is proved that they last semi-permanently in the digital world. The victory lies in the quality and quantity of the contents as the high ability and variety of the technology of media advance in accordance to the market principles. Since the culture, science and economy are becoming one complex structure, all nations of the world are trying the evolve a unique design of their on culture on the basis of the global universality. In consequence, we should excavate a uniqueness from our cultural heritage and develop into a korean design which will be recognized in the world market. The value of our cultural property should not only be used as academic and research purposes but should be re-evaluated with modem view, recognized as the core element that decides the quality of life and developed into exclusive designs. The korean designs represent the mould concept of our people which evolves from the mould or shape alphabet of Korea To meet the requirements of the changing world and in preparation of the cultural competitive age, it is never too early to make a data on the korean designs through their analysis and evaluation.

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