• Cross-Cultural Studies
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• v.50
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• pp.103-130
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• 2018

This research aims to explore the associated linguistic features and functions of Chinese as used for business trading purposes, and which is based on a discourse analysis through a case in which a Korean buyer and a Chinese supplier have exchanged Internet based e-mails. The research questions include first, the linguistic functions and characteristics of Chinese shown as identified in this trade case through e-mails, second, the use of Chinese trade specific terms, and third, the apparent and dynamic negotiation strategies that are identified as followed by the cultural value systems which are used for resolving interest conflicts and issues between the buyer and supplier in the course of negotiating business contracts between two parties. The participants of this research pertain to a Korean buyer, James and a Chinese supplier, Sonya. The associated data consists of 74 e-mails exchanged between the two parties, initiated in an effort to begin and complete a trade item, in this case namely the product of napkin holders. The research for the study is based on the discourse analysis and empirically analyses models of Chinese linguistic functions and features. The findings are the following. First, as identified, the specific Chinese functions used and sequenced in this trade case are of a procedure, request, informing, negotiation and persuasion. Second, the essential trade terms used in this business interaction involve the relevant issues of 1) ordering and price negotiating, 2) marking the origin of the products, 3) the arrangement of the product examination and customs declaration for the anticipated import items, 4) preparation of the necessary legal documents, and 5) the package and transport of the product in the final instance. Third, the impact of the similarities and differences in the cultural value systems between Korea and China on the negotiations and conflict resolution during a negotiated contract between two parties are speculated in terms of the use of culturally based techniques such as face-saving and the utilization of uncertainty-avoiding strategies as meant to prevent misunderstandings from developing between the parties. The concluding part of the study discusses the implications for a practical Chinese language education utilizing the linguistic functions and features of the Chinese culture and language strategies as useful in business associations for trading purposes, and the importance of intercultural communication styles based on similar of different identified cultural values as noted between two parties.

• Journal of dental hygiene science
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• v.18 no.6
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• pp.327-339
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• 2018

This study aimed to provide basic data for establishing the clinical basis for dental hygienist-led dental hygiene process of care by identifying multiple risk factors for self-support program participants in Gangneung city; we also compared oral health status and behavioral changes through customized oral health care. Four dental hygienists who were evaluated for degree of conformity provided dental hygiene process of care to eight self-support program participants who were selected as having an oral health risk among people in the self-support center. The clinical indicators measured during dental hygiene assessment and evaluation and behavioral changes due to dental hygiene intervention were compared and analyzed. With respect to clinical indicators, at the time of probe, the retention rate of patients with gingival bleeding decreased from 61.4% to 14.7% after intervention (p=0.004). Furthermore, the retention rate of patients with a periodontal pocket >4 mm decreased from 15.6% to 5.8% (p=0.001). The average modified O'Leary index of the patients improved from 23 to 40 (p=0.002). Previously, all eight subjects used the vertical or horizontal method of brushing; after dental hygiene care interventions regarding method and frequency of toothbrushing, use of oral care products, and individual interventions, they started using the rolling or Bass method of toothbrushing. Four of eight subjects reported using interdental toothbrushes after intervention. As a result of applying the change model to the transtheoretical behavior change of the subject, the result of strengthening the health behavior was confirmed. For promotion of oral health by the prevention-centered incremental oral health care system, dental hygienist-led dental hygiene management and maintenance is essential. It is thought that continuous research, such as for feasibility evaluation, cost benefit analysis, and preparation of legal systems, is needed to establish and activate dental hygiene management.

• The Korean Journal of Archival Studies
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• no.5
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• pp.39-85
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• 2002

This paper is aimed at proposing the policies for managing archives in the process of promoting Electronic Government System. Although there have been many studies of electronic government project and plans for its establishment, this research examines the electronic government system and its problems on the basis of archival science. What I acquired in this paper is as follows. The development of information technology needs great changes ranging from the nation to the individuals. It becomes common that the use of computerized program for business purposes, computerization of information materials and the effective way of search use of electronic documents. Therefore, more and more countries all over the world have been seeking to promote 'Electronic Government', which applies the fruits of the development in information technology to administration process. Recently, Korea has been rapidly entered into the 'Electronic Government' system being against the traditional way of administration. In electronic government system, the 'Life Cycle' of public records will be computerized. Therefore, it is important to change and develop along with the government's policies for 'electronic government project' in the archival management system. This means that the archival management system which have put emphasis on the textual records should be converted to electronic records system. In other words, the records management in electronic government system requires not the transfer and preservation of the records but the consistent management system including the whole process of creating, appraising, arranging, preserving and using the records. So, the systematic management of electronic records plays an important role in realization of electronic government, but it is a subject to be realized by electronic government at the same time. However, the government have overlooked the importance of archival management for long time, especially the importance of electronic records management system. First of all, this research attempts to infer limits and problems through the theoretical considerations of the existing studies for electronic government and to clear up the relations between electronic government and archival management. Based on this, I'll seek to progress the study through reviewing the present condition of archival management in the process of promoting electronic government and suggesting the policies for enhancing the successful electronic government and the construction of scientific archival management system. Since early 1990, many countries in the world have been making every effort to concrete 'Electronic Government'. Using the examples in other nations, it is not difficult to recognize that the embodiment of electronic government is closely connected with the archival management policies. Korea have completed legal and institutional equipments including the new establishment of "Electronic Government Law" to realize electronic government. Also, Korea has been promoting electronic government with the Ministry of Government Administration and Home Affairs and Government Computer Center as a leaders. Though managing records, especially the management of electronic records is essential in electronic government system, we haven't yet discussed this section in Korea. This is disapproved by the fact the Government Archives and Records Service has played little role in promoting electronic government project. There are two problems relating this environment. First, present system can't meet the consistent 'Life Cycle' ranging from the creation to the preservation of electronic records. Second, the 'Life Cycle' of electronic records is divided into two parts and managed separately by GCC and GARS. The life of records is not end with the process raged from creation to distribution. On the other hand, the records are approved their value only whole procedures. Therefore, GARS should play a deading role in designing and establishing the archival management system. The answer to these problems, is as follows. First, we have to complete the electronic records management system through introducing ERMS not EDMS. This means that we should not change and develop towards ERMS simply with supplementing the current electronic records management system. I confirm that it is important and proper to establish ERMS system from the very beginning of the process of promoting electronic government. Second, I suggest the developmental integration of GARS and GCC. At present, the divided operations of GCC and GARS, the former is in charge of the management center for electronic business and the latter is the hub institution of managing nation's records and archives result in many obstacles in establishing electronic government system and accomplishing the duties of systematic archival management. Therefore, I conclude that the expansive movement towards 'National Archives' through the integration among the related agencies will make a great contribution to the realization of electronic government and the establishment of archival management system. In addition to this, it will be of much help to constitute and operate the 'Task Force' regarding the management of electronic records with the two institution as the central figures.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.166-177
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• 2016

This essay explores the problems with applying the concept of "original form" to natural heritage when it is based on originality and diachronic, historical period. It also suggests an alternative perception that the concept of "original form" can be considered based upon "integrity". First, the conceptual framework for applying the concept of "original form" falls into three types: one that centers on the time point at which heritage originated; another that respects the diachronic characteristics of the concept of "original form"; and the last that bases original form on a particular time after the heritage originated. Second, the national policy for the conservation of natural monuments and scenic sites stayed at the level of consulting the Decree on the Preservation of Treasures, Historical Remains, Scenic Sites, and Natural Monuments of Joseon, under Japanese colonial rule. And after the legal framework was established through enacting and proclaiming of the Cultural Heritage Protection Act in 1962, 564 cases have been designated as natural monuments. Third, the natural conservation movement, the first national policy for natural heritage, was initiated from the heritage field, but the Environment Ministry subsumed all nature-related policies and ever since the heritage agency (Cultural Heritage Administration) has implemented only heritage policies regarding "cultural" heritage. The present state of the coexisting policies about the natural heritage by the Environment Ministry and the Cultural Heritage Administration resulted in leading the public confused about official terms and main policy agency of natural heritage. Fourth, the difficulty of applying the concept of "original form" to natural heritage stems from the fact that natural heritage is inherently distinct from cultural heritage, which is placed at the center of the heritage policies implemented by the heritage agency. In addition, natural heritage, similarly distinct from the overall natural environment, has evolved in a way that incorporates human culture and thus diversely includes characteristics of originality, diachrony, and historical period. Under these circumstances, an incorporative, professional approach is required rather than independent approaches for each type of natural heritage. In conclusion, this essay suggests that issues related to the restoration of original conditions of natural heritage should be resolved through the application of the "integrity" concept by restoring "the characteristics of an object or a place that imbue it with meaning and value," with consideration given to efforts for alleviating logical contradictions within the concept of "original form" through the preparation of standards and guidelines for the restoration of original condition.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.22-43
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• 2016

State Ownership of Excavated Cultural Heritage System was originated from the legislations concerning cultural objects during the Japanese colonial period (1910~1945) and was succeeded by the present Buried Cultural Properties Act enacted in 2011. Despite the importance of the system that completes the outcomes of excavations and determines the state-owned cultural properties, the foundation of national heritage, it has been limitedly regarded as administrative area and neglected by the academic scholars or policy researchers. Recently the traditional culture has drawn increasing domestic interest and awareness that the cultural heritage contributes to building cultural identity and vitalizing tourism has led to increasing the demand of a local government's role in management of the state-designated cultural heritage and even fighting for hegemony in securing the cultural objects between the central and local governments. Despite the continuing efforts for improving the selection process of cultural heritage and its management institution, establishment of an advanced objective system has been requested. This paper is intended to suggest the policy direction through demonstrating the problem and assignment caused in the process of implementing the Buried Cultural Properties Act and reviews the State Ownership of Excavated Cultural Heritage System from the legal point of view accordingly. First, I suggest improving the selection process of the state-owned cultural properties. Even though current law states that Administrator of Cultural Heritage Administration reviews the research reports and selects the possible candidates for the state-owned cultural properties almost all the cultural objects listed on the reports are practically selected. In this regard, two possible resolutions can be made; newly establishing a separate process for selecting the state-owned cultural properties after publishing the report or adding the selection process of the state-owned cultural properties during the heritage selection meeting. Either way should contribute to strengthening the impartiality and objectivity of the policy. My second suggestion is improving the operating system of the heritage selection meeting in which the cultural properties to be listed on the reports are determined. Given the present extensive assessment criteria, there is much room for certain experts' subjective opinions. Therefore, in order to enhance the fairness and credibility of the heritage selection meeting, specifying the assessment criteria and advance review of the expert list are necessary. Third, this paper suggests increasing the local government's role in management of the state-owned cultural heritage and diversifying the heritage management institution. Development of a local self-governing system has led to the increased demand for delegating the authority of the state-owned heritage management to the local governments. Along with this, the gradual improvements of public museum management raises the need for expanding the cultural benefits through increasing the local government's role in management of the state-owned heritage. Considering the fact that overall majority of the art collections housed at national or public museums is owned by the central government, developing a variety of heritage contents and vitalizing the heritage tourism are crucial. The true meaning and value of the state-owned cultural heritage hidden at the storage of a museum can be found when they are shared together with the public.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.146-165
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• 2016

With the introduction of the system of recognizing masters of craft and performance skills in 1970, the principle of "preserving the original form," which was already in general use, was adopted as a legal principle in the Cultural Heritage Protection Act. While the concept "original form" can be related to tangible elements of heritage through the Act, the intangibility of craft and performance skills does not allow their pinpointing at a particular temporal period or the identification of a particular master from the past as the basis of an original form. Therefore, those craft or performance skills that are available at the point of recognition of relevant masters must serve as the basis of the original form for the intangible heritage concerned. This means that the principle of preserving the original form of intangible heritage has been implemented not based on a fundamental form of materiality, but rather on the craft or performance skills that may be held by a master at the time of his/her recognition as a "temporary original form." This principle has been observed through intangible heritage transmission and education policies for recognized masters and their trainees, contributing to establish an elitist transmission environment in which public were denied to join the education on intangible heritage. Even with policies guided by the principle of preserving the original form, designated craft and performance skills have been transformed contingent upon given social and environmental conditions, thus hindering the preservation of the original form. Despite the intrinsic limitations of the principle of preserving the original form when applied to intangible heritage, this principle has served as a practical guideline for protecting traditional Korean culture from external influences such as modernization and Westernization, and also as an ultimate goal for the safeguarding of intangible heritage, engendering actual policy effects. The Act on the Safeguarding and Promotion of Intangible Cultural Heritage that comes into effect in March 2016 takes the constantly evolving nature of intangible heritage into consideration and resultantly adopts a concept of "essential form" (jeonhyeong) in place of "original form" (wonhyeong). This new concept allows for any transformations that may take place in the environment surrounding the intangible heritage concerned, and is intended to mitigate the rigidity of the concept of "original form." However, it should be noted that "essential form," which is manifested as the unique significance, knowledge, and skills delivered by the intangible heritage concerned, should be maintained according to the guidelines and principles related to heritage conservation. Therefore, the new concept can be understood not as a rupture, but more as a continuum of the concept of "original form."

• Korean Journal of Heritage: History & Science
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• v.52 no.1
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• pp.272-287
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• 2019

The Korean Demilitarized Zone (DMZ) was established in 1953 by the Korean War Armistice Agreement. It extends from the estuary of the Imjin River, in the west, to the coast of the East Sea. It is 4 km in width and 148 km in length. However, the ecosystems of the civilian control zone (CCZ) located between the southern border of the DMZ and the civilian control line (CCL) and the CCZ in the estuary of the Han River and the Yellow Sea are similar to those in the DMZ, and, therefore, the ecosystems of the DMZ and the CCZ are collectively known as the "ecosystems of the DMZ and its vicinities." The flora in the DMZ and its vicinities is composed of 1,864 species, which accounts for about 42% of all the vascular plant species on the Korean Peninsula and its affiliated islands. Conducting a detailed survey on the vegetation, flora, and fauna in the DMZ is almost impossible due to the presence of landmines and limitations on the time allowed to be spent in the DMZ. However, to assess the environmental impact of the Munsan-Gaesong railroad reconstruction project, it was possible to undertake a limited vegetation survey within the DMZ in 2001. The vegetation in Jangdan-myeon, in Paju City within the DMZ, was very simple. It was mostly secondary forests dominated by oaks such as Quercus mongolica, Q. acutissima, and Q. variabilis. The other half of the DMZ in Jangdan-myeon was occupied by grassland composed of tall grasses such as Miscanthus sinensis, M. sacchariflorus, and Phragmites japonica. Contrary to the expectation that the DMZ may be covered with pristine mature forests due to more than 60 years of no human interference, the vegetation in the DMZ was composed of simple secondary forests and grasslands formed on former rice paddies and agricultural fields. At present, the only legal protection system planned for the DMZ is the Natural Environment Conservation Act, which ensures that the DMZ would be managed as a nature reserve for only two years following Korean reunification. Therefore, firstly, the DMZ should be designated as a site of domestic legally protected areas such as nature reserve (natural monument), scenic site, national park, etc. In addition, we need to try to designate the DMZ as a UNESCO Biosphere Reserve or as a World Heritage site, or as a Ramsar international wetland for international cooperation. For nomination as a world heritage site, we can emphasize the ecological and landscape value of the wetlands converted from the former rice paddies and the secondary forests maintained by frequent fires initiated by military activities. If the two Koreas unexpectedly reunite without any measures in place for the protection of nature in the DMZ, the conditions prior to the Korean War, such as rice paddies and villages, will return. In order to maintain the current condition of the ecosystems in the DMZ, we have to discuss and prepare for measures including the retention of mines and barbed-wire fences, the construction of roads and railroads in the form of tunnels or bridges, and the maintenance of the current fire regime in the DMZ.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.203-234
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• 2019

The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

• 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.

• 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.