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The Place Where the Cabin or Flight Crew of International Air Carrier Habitually Carries Out his/her Work - CJEU, 2017. 9. 14., C-168/16, C-169/16 - Sandra Nogueira and Others v. Crewlink Ltd Miguel José Moreno Osacar v. Ryanair (국제항공운송 승무원의 일상적 노무제공지)

  • Kwon, Chang-Young;Kim, Sun-Ah
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.39-77
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    • 2019
  • Crew members engaged in international air transportation provide work in many countries due to the nature of their work. According to the Private International Act, the place where the employee habitually carries out his/her work plays an important role in the determination of the governing law of the international labor contract (Article 28, Paragraph 2) and in the decision of international jurisdiction (Article 28, Paragraphs 3 and 4). The concept of the place where the employee habitually carries out his/her work was proposed by the EU to determine international jurisdiction and governing law. In international aviation law, the legislative purpose of the place where the employee habitually carries out his/her work is different from that of home base, which is a concept introduced for fatigue management of the crew in order to secure the aviation safety; thus the place where the employee habitually carries out his/her work and home base are not the same concept. In order to determine the place where the employee habitually carries out his/her work, following matters should be considered comprehensively; (i) where the crew starts and ends work, (ii) where the aircraft the crew is performing work on is primarily parked, (iii) where the crew is informed of the instructions and organizes his/her work activities, (iv) where the crew is obliged to reside according to the labor contract, (v) where there is an office provided by the employer and available to the crew, (vi) where the crew is obliged to be when he/she is ineligible for the work or subject to discipline. However, since all of the above items are the same as the location of the home base, it is reasonable to consider the home base as the most important factor when deciding on the place where the employee habitually carries out his/her work. In contrast, the state where the aircraft is registered (Article 17 of the Chicago Convention), should not be regarded as a place of where the employee habitually carries out his/her work. In this case, CJEU provided the first judging standard for the concept of the place where the employee engaged in international air transportation habitually carries out his/her work. It is the interpretation of the Brussels regulations which became a model -for the Korean Private International Act,- so it would be helpful to understand the concept of the place where the employee habitually carries out his/her work.

Effects of University Students' Entrepreneurial Passion on Performance through Exploration Capability and Connection Capability (대학생의 기업가 열정이 정보 탐색 및 연계 역량을 통해 창업의지에 미치는 영향에 관한 연구)

  • Yoon, Byeong seon;Kim, Chun Kyu
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.14 no.3
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    • pp.97-110
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    • 2019
  • This study analyzed various factors of influence affecting the will to start a business and established and empirically analyzed a research model to see which factors significantly affect the will to start a business. To this end, we investigated the general characteristics and experiences of individuals, conducted a study on the will to start a business, and analyzed the entrepreneurship passion for startups, the ability to find business opportunities, and the ability to connect with partner companies. The intent to start a business survey was investigated in a recertive style with a 7 point scale, and the reliability and feasibility review were analyzed through the PLS analysis method, which enables the implementation of a measurement model and a structural model. To collect valid data, the survey was conducted using an entrepreneurial curriculum class hours to collect and analyze 421 data. In summary, the results are as follows: First, college students have many opportunities to develop their capabilities through competitions held by universities and support institutions, and by utilizing them, they have no fear of starting a business. Second, the ability of students to discover product clients themselves has been improved by fostering entrepreneurship in the special lectures on startup in universities. Third, it can be seen that it has received various information on startups from support agencies to enhance its commitment to startups. The implications are as follows. First, they should foster entrepreneurship among college students by offering practical oriented courses that can broaden their understanding of startups. Second, it needs to be improved from entrepreneurial enthusiasm to a program that can grow into a company that can collaborate with partner companies and confirm its commitment to corporate establishment and product development and determine market opportunities. Third, it is necessary to establish an ecosystem of start-ups that can carry out systematic planning and performance management as it is weak to carry out projects with will to startups.

Relationship among the use of food-related content, dietary behaviors, and dietary self-efficacy of high school students in Seoul and Gyeonggi areas (서울 및 경기지역 고등학생의 음식 콘텐츠 이용 수준, 식습관 및 식이자기효능감의 관계)

  • Oh, Min-Hwan;Hong, Kyungeui;Kim, Sung-Eun
    • Journal of Nutrition and Health
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    • v.52 no.3
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    • pp.297-309
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    • 2019
  • Purpose: This study examined the relationship among the use of food-related content (FRC), dietary behaviors, and dietary self-efficacy to demonstrate the need for nutrition education to help adolescents build healthy eating habits and provide evidence for developing nutrition education programs for adolescents. Methods: Three hundred and eighty-one high school students in Seoul and Gyeonggi areas participated in the study. The subjects were divided into three groups (low, medium, and high) according to the level of use of the FRC, and their general characteristics, dietary behaviors, and dietary self-efficacy were analyzed. Correlation analysis was performed between FRC usage, dietary behaviors, and dietary self-efficacy, and the mediating effects of dietary self-efficacy on the relationship between the level of the use of FRC and dietary behaviors were estimated. Results: A higher level of FRC usage was associated with an increased daily cost of eating out and snacking, but no difference was observed in the BMI range. The subjects in a group with a high level of FRC usage ate convenience store or instant foods instead of homemade meals (p = 0.033), had a late-night meal or snack (p = 0.024), and turned to emotional eating under stress (p < 0.001) more than those in the low level group. In addition, the high level group checked the nutrition facts label more carefully when purchasing processed foods (p = 0.016) and exercised at least 30 minutes daily, not considering physical education classes (p = 0.057). The higher level of FRC use, the lower the dietary self-efficacy, whereby the subscales 'environmental stimulus control efficacy' and 'affective factor control efficacy' showed complete mediating effects. Conclusion: Given that FRC has been increased recently, adolescents are in need of support to help them control and enhance their dietary self-efficacy as well as develop healthy dietary behaviors through proper nutrition education programs.

Food purchase in e-commerce and its relation to food habit of adult women in Incheon and Gyeonggi (인천 및 경기지역 성인 여성의 전자상거래에서 식품 구매실태와 식습관과의 관련성)

  • Park, Yu-Jin;Kim, Mi-Hyun;Choi, Mi-Kyeong
    • Journal of Nutrition and Health
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    • v.52 no.3
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    • pp.310-322
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    • 2019
  • Purpose: This study examined the food purchases from e-commerce and its relation to eating behaviors or habits in adult women in Incheon and Gyeonggi. Methods: A total of 410 subjects participated in the questionnaire survey. Food purchases in e-commerce and food habits were compared according to age, marital status, and food purchase status in e-commerce of the subjects. Results: Approximately 88% of the subjects had experience of buying foods by e-commerce; more than 40% of the subjects spent less than 100,000 Won buying foods by e-commerce in the past 6 months. The major purchases were coffee and tea, instant food and frozen food, and water and beverages. The reasons for buying foods in e-commerce were cheaper price, convenience of delivery, and variety of food choices. The main factors considered for purchasing foods in e-commerce were price and quality followed by rapid and accurate delivery, and food label and information. Approximately 70% of the subjects were very satisfied or satisfied with their food purchase in e-commerce, and 96% answered that they were willing to buy food in e-commerce again. The perception on the advantages of food purchases in e-commerce was 3.6 points out of 5 and significantly lower in the over 50s and married group. The subjects with experience and high cost of food purchase in e-commerce showed significantly low scores of dietary behaviors and eating habits, which is undesirable. Conclusion: A high percentage of people purchased foods by e-commerce, and they showed undesirable eating habits, especially when the cost of purchasing foods by e-commerce is high. These results showed that purchasing foods in e-commerce may be related to consumers' food habits. Therefore, continuous attention and nutrition guidance for e-commerce consumers are needed.

Effect of LED and QD-LED(Quantum Dot) Treatments on Production and Quality of Red Radish(Raphanus sativus L.) Sprout (LED와 QD-LED(Quantum Dot) 광처리가 적무 새싹의 생산과 품질에 미치는 영향)

  • Choi, In-Lee;Wang, Lixia;Lee, Ju Hwan;Han, Su Jung;Ko, Young-Wook;Kim, Yongduk;Kang, Ho-Min
    • Journal of Bio-Environment Control
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    • v.28 no.3
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    • pp.265-272
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    • 2019
  • The purpose of this study was to investigate the effects of LED and QD-LED (Quantum Dot) irradiation on seed germination, antioxidant ability, and microbial growth, during red radish (Raphanus sativus L.) sprouts cultivation. Irradiated light was blue, red, blue + red and blue + red + far red (QD-LED) lights, and the controls were a fluorescent lamp (FL), and dark condition. Germination rate of red radish was highest in the dark condition. The plant height and fresh weight of red radish sprouts that irradiated each light for 24 hrs after 7 days growing in dark condition, did not shown significantly difference among treatments. After 24 hrs of light irradiation, cotyledon green was best in blue + red light, and the red hypocotyl was excellent in blue light and QD-LED light. DPPH and phenol contents were high in dark and blue + red light treatment, and anthocyanin content was high in blue light and QD-LED light. Total aerobic counts were similar in all treatments and did not show bactericidal effect, whereas E. coli count was lowest in QD-LED light treatment, and yeast and mold counts were lowest in FL only treatment. Results suggest that when red radish seeds were germinated in dark condition and cultivated for 7 days as sprouts, and then treated with blue light or QD-LED light for 24 hrs, the seeds produced good quality red radish sprouts with greenish cotyledon, reddish hypocotyl, high anthocyanin content, and lower level of E coli contamination.

Study on Improvement of Family Assistance System for Victim's Family of Air Traffic Accident (항공사고 피해자 가족지원 제도개선 연구)

  • Jeon, Jong-Jin;Kim, Hui-yang;Yoo, Kwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.315-343
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    • 2018
  • In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

A Study on the Effect of Entrepreneurial Intention on Start-up Performance: Focused on the Intermediating Effects of Entrepreneurial Competency and Differentiated Competitive Advantage (창업의지가 창업성과에 미치는 영향: 창업역량 및 차별화 경쟁우위의 매개효과를 중심으로)

  • Kim, Ye-Jung
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.14 no.4
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    • pp.63-73
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    • 2019
  • Recently, as young and senior entrepreneurs are getting interested in starting a business, the domestic startup rate is gradually increasing. However, the survival rate of start-ups is so low. In this regard, this study empirically examines how the entrepreneurial intention affects both financial and non-financial start-up performances through the intermediation effects of experiential competence, financing competency, marketing competence and differentiated competitive advantage. In doing so, the purpose of this study is to find out the key elements to successful start-ups. To this end, the survey results of 200 start-ups in Pohang from January 21 to February 1, 2019 were used to test the research hypotheses. The results of the study are summarized as follows. First, it is shown that the entrepreneurial intention have a positive effect on the experiential competence, financing competence and marketing competence. Second, it is found that both experiential competence and marketing competence have significant positive effects on the differentiated competitive advantage. On the other hand, the financing competence has not been shown to have a significant effect on the differentiated competitive advantage, which might result from the characteristic of the data that most of the respondents are from new businesses. Third, it is shown that the differentiated competitive advantage has a positive effect on both financial and non-financial performances. In conclusion, the results of this study suggest a theoretical basis for the successful start-up performance. Namely, it is necessary for the founders of start-ups to secure differentiated competitive advantage through the entrepreneurial intention and the entrepreneurial competences such as financing competence and marketing competence because the differentiated competitive advantage leads to the successful financial and non-financial start-up performances. In addition, the results of this study suggest to both entrepreneurs and managers that for the successful business performance, it is important for them to make continuous efforts to come up with new ideas and to reinforce financing and marketing activities in order to achieve the differentiated competitive advantage.

Physicochemical properties of dried Saururus chinensis and the antioxidative activities of water and 70% ethanol extracts (덖음온도를 달리하여 전저리한 삼백초 건조물의 이화학적 특성 및 물과 70% 에탄올 추출물의 항산화효과)

  • Kang, Myung-Hwa;An, Su-Mi;Kim, Do-Hee
    • Journal of Nutrition and Health
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    • v.52 no.4
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    • pp.399-407
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    • 2019
  • Purpose: This study was conducted to evaluate the physicochemical properties of different batches of Saururus chinensis using different roasting temperature that were dried at different using different roasting temperatures and their were determined the antioxidative activities of water and 70% ethanol extracts. Methods: Extracts were examined for the total phenolic acid content, the and flavonoids contents and the antioxidant properties, including DPPH radical scavenging activity, ABTs scavenging activity and, the reducing power. Results: Moisture content was significantly higher in the LSC and the crude ash content was significantly higher in the HSC. The crude protein content was higher in the LSC (although not significantly), and the crude fat and carbohydrate contents were higher in the HSC (although not significantly). The total phenolic content was lower in the samples extracted with water, but there was no significant difference. However, the extracts extracted with 70% ethanol at a high drying temperature were significantly higher. The low temperature and high drying temperature batches of Saururus chinensis were significantly higher in the samples extracted with 70% ethanol than those extracted with 70% ethanol. The total phenolic acid content, the total flavonoid content and the electron donating ability were highest in the ethanol extract of Saururuschinensis treated at a high temperature. However, the ABTs radical activity was highest in the water extracted, high-temperature treated Saururuschinensis. The 70% ethanol extract of high temperature roasted Saururuschinensis had the highest antioxidative activities of all the Saururuschinensis batches. Conclusion: The total phenolic acid contents, total flavonoid contents, electron donating activity and reducing power activity were highest in all the 70% ethanol extraction batches of the high-temperature treated samples.

Does the Gut Microbiota Regulate a Cognitive Function? (장내미생물과 인지기능은 서로 연관되어 있는가?)

  • Choi, Jeonghyun;Jin, Yunho;Kim, Joo-Heon;Hong, Yonggeun
    • Journal of Life Science
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    • v.29 no.6
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    • pp.747-753
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    • 2019
  • Cognitive decline is characterized by reduced long-/short-term memory and attention span, and increased depression and anxiety. Such decline is associated with various degenerative brain disorders, especially Alzheimer's disease (AD) and Parkinson's disease (PD). The increases in elderly populations suffering from cognitive decline create social problems and impose economic burdens, and also pose safety threats; all of these problems have been extensively researched over the past several decades. Possible causes of cognitive decline include metabolic and hormone imbalance, infection, medication abuse, and neuronal changes associated with aging. However, no treatment for cognitive decline is available. In neurodegenerative diseases, changes in the gut microbiota and gut metabolites can alter molecular expression and neurobehavioral symptoms. Changes in the gut microbiota affect memory loss in AD via the downregulation of NMDA receptor expression and increased glutamate levels. Furthermore, the use of probiotics resulted in neurological improvement in an AD model. PD and gut microbiota dysbiosis are linked directly. This interrelationship affected the development of constipation, a secondary symptom in PD. In a PD model, the administration of probiotics prevented neuron death by increasing butyrate levels. Dysfunction of the blood-brain barrier (BBB) has been identified in AD and PD. Increased BBB permeability is also associated with gut microbiota dysbiosis, which led to the destruction of microtubules via systemic inflammation. Notably, metabolites of the gut microbiota may trigger either the development or attenuation of neurodegenerative disease. Here, we discuss the correlation between cognitive decline and the gut microbiota.

The Definition and Regulations of Drone in Korea (韓国におけるドロ?ンの定義と法規制)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.235-268
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    • 2019
  • Under the Aviation Safety Act of Korea, any person who intends to operate a drone is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of drones in the daytime, (ii) Operation of drones within Visual Line of Sight, (iii) Maintenance of a certain operating distance between drones and persons or properties on the ground/ water surface, (iv) Do not operate drones over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by drone, (vi) Do not drop any objects from drones. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes legal issues as to definition and regulations of drones in Korean Aviation Safety Act. This paper, also, offers some implications and suggestions for regulations of drones under Korean Aviation Safety Act by comparing the regulations of drones in Japanese Civil Aeronautics Act.