• Journal of the Korean Institute of Landscape Architecture
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• 제40권6호
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• pp.13-22
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• 2012

This study was conducted to establish ecotourism as an introduction to sustainability and international cooperation. As a plan to retain the original meaning of ecotourism, the introduction of a program to certify/designateecotourism is being vitalized in many countries around the world. In Korea as well, an agenda to the introduction of an "Ecotourism Designation System,"which aims to ensure the quality of ecotourism at a certain level, was submitted by the Ministry of Environment to the National Assembly in June 2011, and the promotion for a demonstration program is planned this year to introduce the system. Japan has been carrying out the certification systems Good Eco-tour, which certifies the sustainability of ecotourism providers and accommodations since 2006, respectively, and has been securing the sustainability of ecotourism by enactment in 2008, as the world's first law to promote ecotourism. And the second general conference of the first Global Partnership for Sustainable Tourism(GPST) was held in Korea in March 2012, particularly, there was an agreement that the promotion of Asia and the Pacific Area Network for sustainable tourism would center around Korea, and accordingly, it is expected that Korea's status as a core country for ecotourism in the Asia-Pacific Area will increase. While the demand for an approach to natural resources is rapidly increasing, we should be active in providing an institutional strategy such as a designation system to secure the sustainability of ecotourism and seeking a plan for cooperation and network vitalization in the Asia-Pacific Area where similar natural resources and cultures are shared.

• Journal of the Korean Society for Library and Information Science
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• 제46권4호
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• pp.285-309
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• 2012

The purpose of this study is to analyze whether bibliographic factors influence citation speed and the number of citations or not and whether citation speed affects the number of citations. Another purpose of this study is that if bibliographic factors carry out a significant role. For this analysis, this study is based on the assumption that all papers published by researchers in South Korea distributed power law shape. The main results of this study are as follows: First, the papers written by foreign first authors or reprint authors were cited more quickly from first citation speed and average citation speed. These papers were cited much more from first citation speed and average citation speed than by domestic first authors or reprint authors. The papers, collaborated by international researchers, were cited more quickly from first citation speed but were not different from average citation speed than by only domestic researchers. The papers, collaborated by international researchers, were cited much more than by only domestic stand-alone researchers. The number of authors and the impact factor influenced first citation speed, average citation speed and the number of citations. Second, the faster first citation speed and the slower average citation speed, the more papers were cited. First citation speed more affected the higher number of citations than the average citation speed. Third, all five bibliographic factors influenced the impact relationship from first citation speed to the number of citations through the moderating effect analysis. Fourth, only three bibliographic factors (the country of the first author; the country of the reprint author; the number of the coauthors) affected the impact relationship from first citation speed to the number of citations but two bibliographic factors did not influence through the moderating effect analysis.

• International Commerce and Information Review
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• 제13권4호
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• pp.485-516
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• 2011

Republic of Korea is small nation that is comprised of 0.7% of the world population and occupying just 0.07% of the world territory. Despite this, Republic of Korea once again proved herself to be as the world's major economic powerhouse by becoming the world's 7th largest exporter in 2010. However, the reality is that Republic of Korea is still significantly concerned about the volatile economic nature and anxiety that is spread across the globe since the global depression that began at the end of 2008 and the financial crisis that has been threatening the Euro-Zone recently. This has resulted in the nation reaching the limitation in significant economic growth and limited creation of jobs within the nation and due to such circumstances, the nation is becoming more aware of the fact that she needs to pay more attention on the service sector and service exports if she was to see a more positive economic outlook in the upcoming future. This research is aimed to analyse the cost that is associated with the service export sector, by examining a number of enterprises in relation to the MICE(Meeting Incentives Convention Exhibition) industry which certainly has both direct and indirect influences on the service exports of the nation Further, the prime goal of the research is to encourage the SMEs of Korea, who have substandard experience associated to foreign exports, to intensify and increase service exports and also the goal extends to the degree to suggest appropriate assistance measures to aid these enterprises to achieve such goals. This research is fundamentally designed and based on the literature research associated with the MICE industry and also, this research is premeditated through the analysis of the case of exports to Vietnam. As the result of research, it has been found out that SMEs in the MICE industry and those of in service export sector are reluctant or even feel insecure to attempt any kind of export of their services mainly due to; the lack of foreign market information and also the lack of experience associated with service exports. Furthermore, it has also been revealed that the difficulty to estimate the validity and profitability of service the export is a significant factor withholding those enterprises from attempting any service export to the foreign markets. Henceforth, in order to aid and stimulate service export to the foreign markets by these SMEs (including those in association with the MICE industry), it is imperative to prepare an one-stop service export assistance program which would provide the information associated with marketing, law and legislation, taxation system and financial area in regard to the global markets.

• Journal of Legislation Research
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• 제53호
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Korean Journal of Heritage: History & Science
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• 제48권4호
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• pp.24-43
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• 2015

Since 2011, when Oegyujanggak Uigwe(Records of the State Rites of the Joseon Dynasty) were returned from France, which were looted in 1866 by the French Navy, national attention to our cultural properties abroad was explosively increased and public pressure has been mounting that those cultural properties should be returned in Korea. According to the statistics of "Overseas Korean Cultural Heritage Foundation" Korean cultural Properties, which exist in foreign countries, amounts 160,342 in total 20 countries. Among them about half of them are estimated to be illegally exported cultural property, these are to be restituted. However, in reality it is not so easy to restitute illegally exported cultural properties. For this, it needs to be established a long-term and systematic plan for return of cultural properties from other countries. This paper starts from such a critical mind and tries to find legal policy measures for the return of illegally exported cultural properties. To this end, the author first describes motive and aim of this research in chapter I. and overviews basic understanding and current situation of export of cultural property as well as means and methods of return of cultural property in chapter II. and then deals with international and national norms that are involved in the dispute concerned return of cultural properties in chapter III. Based on this research, in chapter IV., which can be considered as a key part of this paper, the author proposed nine legal policy measures for restitution of cultural properties from foreign countries. That is, actual condition survey of cultural properties in foreign countries, unified management and implement of export ID on cultural properties, fund-raising for the diversification of means of return of cultural properties. local utilization of cultural properties, joining in the multilateral conventions and expansion of the bilateral agreements, restitution and cooperation through international organizations, restitution through lawsuit and arbitration, training experts on restitution of cultural property and networking with foreign experts. Finally, the author summarized his opinion in chapter V. which comprehended researching the above.

• Korean Security Journal
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• 제39호
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• pp.185-215
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• 2014

Since North Korea has used terror crime as a means of unification under communism against South Korea, South Korea has been much damaged until now. And the occurrence possibility of terror crime by North Korean authority is now higher than any other time. The North Korean terror crimes of Kim Il Sung era had been committed by the dictator's instruction with the object of securing governing fund. However, looking at the terror crimes committed for decades during Kim Jung Il authority, it is revealed that these terror crimes are expressed as a criminal behavior because of the conflict to accomplish the power and economic advantage non powerful groups target. This study focused on the power conflict in various causes of terror crimes by applying George B. Vold(1958)'s theory which explained power conflict between groups became a factor of crime, and found the aspect by ages of terror crime behavior by North Korean authority and responding plan to future North Korean terror crime. North Korean authority high-ranking officials were the Labor Party focusing on Juche Idea for decades in Kim Il Sung time. Afterwards, high-ranking officials were formed focusing on military authorities following Military First Policy at the beginning of Kim Jung Il authority, rapid power change has been done for recent 10 years. To arrange the aspect by times of terror crime following this power change, alienated party executives following the support of positive military first authority by Kim Jung Il after 1995 could not object to forcible terror crime behavior of military authority, and 1st, 2nd Yeongpyeong maritime war which happened this time was propelled by military first authority to show the power of military authority. After 2006, conservative party union enforced censorship and inspection on the trade business and foreign currency-earning of military authority while executing drastic purge. The shooting on Keumkangsan tourists that happened this time was a forcible terror crime by military authority following the pressure of conservative party. After October, 2008, first military reign union executed the launch of Gwanmyungsung No.2 long-range missile, second nuclear test, Daechung marine war, and Cheonanham attacking terror in order to highlight the importance and role of military authority. After September 2010, new reign union went through severe competition between new military authority and new mainstream and new military authority at this time executed highly professionalized terror crime such as cyber/electronic terror unlike past military authority. After July 2012, ICBM test launch, third nuclear test, cyber terror on Cheongwadae homepage of new mainstream association was the intention of Km Jung Eun to display his ability and check and adjust the power of party/military/cabinet/ public security organ, and he can attempt the unexpected terror crime in the future. North Korean terror crime has continued since 1980s when Kim Jung Il's power succession was carried out, and the power aspect by times has rapidly changed since 1994 when Kim Il Sung died and the terror crime became intense following the power combat between high-ranking officials and power conflict for right robbery. Now South Korea should install the specialized department which synthesizes and analyzes the information on North Korean high-ranking officials and reinforce the comprehensive information-collecting system through the protection and management of North Korean defectors and secret agents in order to determine the cause of North Korean terror crime and respond to it. And South Korea should participate positively in the international collaboration related to North Korean terror and make direct efforts to attract the international agreement to build the international cooperation for the response to North Korean terror crime. Also, we should try more to arrange the realistic countermeasure against North Korean cyber/electronic terror which was more diversified with the expertise terror escaping from existing forcible terror through enactment/revision of law related to cyber terror crime, organizing relevant institute and budget, training professional manpower, and technical development.

• The Korean Journal of Air & Space Law and Policy
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• 제32권1호
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• pp.327-353
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• 2017

The issue submitted to the Court of Justice on the merits of case C---573/13 originated from a claim brought in the context of a dispute between Air Berlin and the German Federal Union of Consumer Organisations and Associations. The challenge concerned the way in which air fares were displayed in Air Berlin's computerised booking system. The system was organised in such a way that, after selecting a date and a departure airport, one would find all possible flight connections in a summary table. However, the final price of the ticket was displayed only for the clicked connection, and not for all connections, thus preventing customers from being able to compare such price with the prices of other connections. The German Federal Union took the view that this practice did not meet the requirements laid down by Article 23 of Regulation (EC) No. 1008/2008, which requires transparency in the prices set for air services. This led the German State to bring an injunctive action to cause Air Berlin to discontinue said practice. The claim was upheld at both the application and appeal stage of the relevant proceedings. Subsequently, Air Berlin submitted the matter to the German Federal High Court, which decided to stay the proceedings and ask for a preliminary ruling from the Court of Justice as to 1. whether Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, during the computerised booking process, the final price to be paid must be indicated at all times when prices of air services are shown, including when they are shown for the first time; and 2. whether, during the computerised booking process, the final price must be indicated only for the air service specifically selected by the customer or for each air service shown. In a nutshell, the Court, by the here---discussed judgment determined that Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, in the context of a computerised air ticket booking system, the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown. Clearly the above judgment will place air companies under an obligation to update and adjust (when needed) their computerised ticket booking and payment systems, in consideration of the primary need for consumers to be aware at all times of the actual price payable for a ticket and be able to compare the price of the service selected with the prices for other air services in respect of which the fare is shown.

• The Korean Journal of Air & Space Law and Policy
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• 제29권2호
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• pp.109-134
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• 2014

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation of assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (Regulation No 261/2004) provides extra protection to air passengers in circumstances of denied boarding, cancellation and long-delay. The Regulation intends to provide a high level of protection to air passengers by imposing obligations on air carriers and, at the same time, offering extensive rights to air passengers. If denied boarding, cancellation and long-delay are caused by reasons other than extraordinary circumstances, passengers are entitled for compensation under Article 7 of Regulation No 261/2004. In Wallentin-Hermann v Alitalia-Linee Aeree Italiane SpA(Case C-549/07, [2008] ECR I-11061), the Court did, however, emphasize that this does not mean that it is never possible for technical problems to constitute extraordinary circumstances. It cited specific examples of where: an aircraft manufacturer or competent authority revealed that there was a hidden manufacturing defect on an aircraft which impacts on safety; or damage was caused to an aircraft as a result of an act of sabotage or terrorism. Such events are not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin. One further point arising out of the court's decision is worth mentioning. It is not just necessary to satisfy the extraordinary circumstances test for the airline to be excused from paying compensation. It must also show that the circumstances could not have been avoided even if all reasonable measures had been taken. It is clear from the language of the Court's decision that this is a tough test to meet: the airline will have to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

• The Korean Journal of Air & Space Law and Policy
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• 제23권2호
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• pp.67-92
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• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

• Journal of Forest and Environmental Science
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• 제14권1호
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• pp.112-127
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• 1998

A meeting for Japan Society of Erosion Control Engineering took place, from May 20-21 in Sapporo, Japan, with the presentations of 21 special topics and 185 general papers. Special topics consists of 6 copies on volcanic disaster prevention, 6 copies on the activity report of Earthquake Erosion Control Engineering Society, 5 copies on the management and guidelines of riparian zone and 4 copies on debris disaster occurred in 1997. General papers consists of 10 copies on slope stability, 10 copies on slope failure, 9 copies on earthquake, 41 copies on environmental erosion control, 25 copies on debris flow, 11 copies on warning and refuge, 10 copies on erosion control plan, 11 copies on erosion control project, 10 copies on erosion control facility, 12 copies on volcanic erosion control, 4 copies on revegetation technology, 4 copies on forest hydrology, 4 copies on avalanche, 4 copies on landslide, 18 copies on debris flow and 2 other copies presented by international student. Among the special topics, 5 papers with the titles of the function and structure of riparian zone, the interactive relation of flood and riparian zone, the management method of channel and river forest for controlling debris flow, the forest restoration efforts by native population, the law and social issue for building river riparian zone were presented in the subsection of "The Management and Guidelines of Riparian Zone". Thus, this article summarize and introduce the presented contents which are very important and can be referred to keep environmentally sound-river in the erosion control field.