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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.

Comparison of dietary behavior and consumption of processed beverage depend on food insecurity status of adolescents in vientiane, Lao PDR (라오스 비엔티안 지역 청소년의 식품 불안정 상태에 따른 식행동 및 가공 음료 섭취 비교 연구)

  • Lee, Yena;Kim, Ji-Myung;Yi, Kyungock;Hansana, Visanou;Kim, Yuri
    • Journal of Nutrition and Health
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    • v.51 no.6
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    • pp.580-589
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    • 2018
  • Purpose: The purpose of this study was to evaluate the food insecurity status and dietary behavior and examine the association between the food insecurity status and consumption of processed beverage for secondary school students in Vientiane, capital city of Lao PDR. Methods: The study subjects are 714 students (boys = 307 and girls = 407) in four secondary schools (Chao_Anouvong, Phiavat, Saysetha, and Chansavang) of Vientiane, Lao PDR. Data on study subject's demographic characteristics, dietary behavior, food insecurity, and Mini Dietary Assessment (MDA) index were collected. A "Self-Administered Food Security Survey Module for Children Aged 12 Years and Older" developed by the United States Department of Agriculture (USDA) was used for the food insecurity assessment. Results: As a result, 72.7% of the subjects were in a state of food insecurity, and food security was associated with higher socioeconomic status (higher life satisfaction, higher parent's education attainment, higher item ownership, fewer number of siblings, and having more lunches at the school restaurant than at home). Compared to the food insecurity group, the frequency of breakfast, self-rated diet, and the total score of MDA index were higher in the food security group. On the other hand, multiple logistic regression analysis showed that 'food security' was also associated with a higher consumption of processed beverages (OR 1.544; 95% CI 1.078-2.213; p = 0.018). Conclusion: Improving the quality of the diet is essential for adolescents in both the food insecurity and food security groups in Lao PDR. Therefore, it is necessary to provide well organized nutrition education and establish adequate nutrition policy for adolescents in Lao PDR.

Considerations of Countermeasure Tasks in the Fields of Forest and Forestry in Korea through Case Study on "The Nagoya Protocol (Access to Genetic Resources and Benefit Sharing)" ("유전자원의 접근과 이익공유(ABS)" 사례연구를 통한 국내 산림·임업분야 대응과제 고찰)

  • Lee, Gwan Gyu;Kim, Jun Soon;Jung, Haw young
    • Journal of Korean Society of Forest Science
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    • v.100 no.3
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    • pp.522-534
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    • 2011
  • The aim of this study is to draw forth the tasks for establishing the right of native biology in Korea through the case study on 'Access on genetic resources and Benefit Sharing'. For this purpose, this study decided on its research subject by selecting Hoodia, on which ABS treaty was made the most recently, through the examination of the representative ABS precedents on plant species. This study analyzed the process background of ABS on Hoodia, and compared & analyzed the ABS procedures of 'Bonn Guidelines' adopted by the 6th Conference of the Parties of the Convention on Biological Diversity in 2002 and Hoodia case. Together with the ABS major issues in common drawn as a result of this analysis, and "Nagoya Protocol" adopted by the 10th Conference of the Parties of the Convention on Biological Diversity, this study intended to shed a light on the impending tasks which Korea faces at present and its role relationship. The research results are as follows: 1. It is required that species habitats should be divided based on biological classification and its subsequent community should be established with the development of infrastructure such as a community's independent production, management and monitoring of bio-species. 2. There needs to be a designation of ABS National Focal Point for sharing of ABS-related general information, boosting of implementation of the relevant convention. 3. There needs to be the establishment of ABS convention system consequent on legislative, administrative, political procedures, and designation of the Competent National Authorities for the provision of the format of Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) and their contents assessment and confirmation. 4. There should be the establishment of integrated management system of ABS-related research and development of forest biological resources and its relevant research projects. 5. There should be information development through the distribution of responsibility and role between the ministries and offices concerned according to bio-resources, and there needs to be efforts in aiming for opening a working group of academic-industrial institutions for developing a mutually interchangeable system. 6. It's required that the efficient access between industrial circles and the people should be promoted by setting up ABS support center of biological resources in ministry and office's charge. 7. There should be a selection of a national supervisory organization for securement of the right of a local community and monitoring of ABS convention implementation, and a countermeasure system for preventing outflow of forest bioresources. Conclusively, it's judged that it will be possible to inquire into the countermeasures for the establishment of the native forest biology dominion through such research results.

Kobong(高峯)'s Philophy and the theory of Self-cultivation(修養) (고봉(高峯)의 성리학(性理學)과 수양론(修養論))

  • Kang, Heui Bok
    • The Journal of Korean Philosophical History
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    • no.31
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    • pp.33-52
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    • 2011
  • This study intends to understand Kobong's thought, especially the problem of Self-cultivation. Kobong, along with Toegye(退溪), is a major figure to understand Confucian ideas of Chosun in the 16th century. There has been a lot of research centered on Kobong's Four-beginnings(四端) and Seven-emotions(七情), but not much on the Self-cultivation of Kobong. Confucianism is basically to seek after actualization of Perfect Virtue(仁) and the way to be a sage, through the pursuit of self-discipline(修己 明明德) and social practice(安人 新民). The problems of Confucianism might be summarized as follows: interest and appreciation for the source of existence(知天/事天); harmony in relationships and practices(愛人/愛物); both of the above together. Therefore, Self-cultivation is to change the self, the subject of one's life, through the relationship between man and heaven. Kobong and Toegye had debated for about eight years(1559-1566) over the problem of human nature, especially emotion(情), and virtue and vice(善惡) fundamental position of Toegye is that the difference between Four-beginnings(四端) and Seven-emotions(七情) can be understood as emotion with qualitative distinction. By contrast, Kobong sees the relationship between Four-beginnings(四端) and Seven-emotions(七情) as that of total and partial. Discussion on the Four-beginnings(四端) and Seven-emotions(七情) is not restricted within the problem of logical analysis of concepts or theoretical validity, but come to a conclusion with the problem of Self-cultivation(修養). In this sense, Kobong tried to follow Neo-Confucian theory of human nature and self-cultivation, on the assumption of Confucian self-discipline and social practice.

Analysis on the Difference in Perception Between Policy Providers and Users on the Factors that Activate the Innovation Cluster: Focusing on the Case of Daedeok Innopolis using AHP (혁신클러스터 활성화 요인에 대한 정책공급자와 수요자의 인식차이 분석: 대덕연구개발특구 사례에 대한 AHP 조사를 중심으로)

  • Park, Hwogeun;Bae, Kwanpy
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.16 no.3
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    • pp.105-119
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    • 2021
  • The innovation cluster is formed by cooperation and networking among a number of actors, including companies, universities, research institutes, government and other supporting organizations, but the main subject of innovation in the venture ecosystem, which can be said to be the core of the innovation cluster, is the enterprise. Therefore, enterprises in innovation cluster can be seen as a major user of the innovation cluster policy. In order for the policy to be executed smoothly, policy acceptance is important. However, existing research on policy prioritization tends to be centered on policy providers, so it is necessary to check them from the perspective of policy users. Accordingly, this study conducted discussions from a two-way perspective to establish the correct policy direction through a balanced perspective between a policy provider-centered top-down perspective and a policy user's bottom-up perspective. First, the factors for activating the innovation cluster (three factors in the first level and 14 factors in the second level) were derived through prior research and expert interviews. After that, the importance of the factors for activating the innovation cluster was analyzed using AHP (Analytic Hierarchy Process) for the policy provider group and the user group in the Daedeok Innopolis, a representative case of innovation cluster policy. As a result of analyzing the importance of the innovation cluster activation factors from the perspectives of policy providers and users, some similarities were also seen, but overall differences in mutual perception were found. It was found that the policy provider group focused on innovation creation factors, while the policy user group viewed innovation creation, clusters, and industrial location factors from a more balanced perspective. This study is meaningful in that it deals with both perspectives in a balanced way by expanding the targets from the existing policy provider-centered research to policy users. In addition, practical contributions exist in the aspect of providing basic data so that policies can be carried out based on corporate needs in fostering innovation clusters.

A Study on the Sinpa of Along With the Gods and the Korean Sinpa -Focusing on the comparison between the Sinpa of Singwahamkke Jeoseung and the Sinpa of Along With the Gods: The Two Worlds (<신과함께>의 신파성과 한국적 신파 현상 -웹툰 <신과함께-저승편>과 영화 <신과함께-죄와 벌>에 나타난 신파성 비교를 중심으로)

  • Park, Jae-Yeon
    • Journal of Popular Narrative
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    • v.26 no.4
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    • pp.77-114
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    • 2020
  • This article aims to examine the Sinpa of Along With the Gods: The Two Worlds. Along with the Gods: The Two Worlds was a box office hit with a 10 million attendance mark, but it was also criticized as a 'Korean Sinpa' at the time of its release. The original version of Along with the Gods is a Webtoon called Singwahamkke in Korean. The popularity of Singwahamkke and its adaptation, Along with the Gods was enormous, which prompted a very active research to be carried about the work. However there are only a few articles which analyze the Along with the Gods: The Two Worlds focusing on the Sinpa, even though the Sinpa of the Along with the Gods: The Two Worlds was a highly controversial issue when the movie was released. In this regard, this article tries to examine the Sinpa of the Along with the Gods: The Two Worlds closely, especially by comparing it with the original webtoon Singwahamkke Jeoseung. The body part of this article is composed of three major parts: chapters 2, 3, and 4. Chapter 2 contains an in depth explanation about the notion of Sinpa, the main conceptual research tool for this study. In chapter 3, the original webtoon Singwahamkke Jeoseung is examined closely. This chapter analyzes the 'Sinpajeok moment' in Singwahamkke Jeoseung and argues that despite the presence of Sinpa elements, the webtoon cannot be considered a 'Sinpajeok text'. On the other hand the main subject of chapter 4 is discovering what effect the adaptation from webtoon to movie had on this work, with a particular focus on the gender of Sinpa and Kim Ja-hong. Chapter 5, which corresponds to the conclusion, briefly evaluates the social significance of the controversy arisen in South Korea about the Sinpa in Along with the Gods: The Two Worlds. Sinpa is one of the most repeated code in the realm of Korean popular narrative. This is why the Sinpa of contemporary text is examined continuously even though there are already plenty of studies on the Sinpa. Everyone has called Along with the Gods: The Two Worlds Sinpa but no one has properly analyzed it. It is hoped that this article which closesly examined the Sinpa in Along with the Gods: The Two Worlds contribute to the field of Sinpa. It is also expected that this article can find appropriate contextual meaning of the series of Along with the Gods.

Trends in Pre-service Science Teacher Education Research in Korea (우리나라 예비 과학교사 교육 연구의 동향)

  • Lee, Gyeong-Geon;An, Taesoo;Mun, Seonyeong;Hong, Hun-Gi
    • Journal of The Korean Association For Science Education
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    • v.42 no.1
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    • pp.127-147
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    • 2022
  • Pre-service science teacher education is important to elaborate the quality of science teaching and learning in schools. Therefore, many pre-service science teacher education researches have been done in Korea. However, almost no research has comprehensively reviewed those literatures including secondary teacher education context. This study reviewed 410 pre-service science teacher education researches in Korea, from 1995 to 2021 published by 17 journals in KCI. The trends were analyzed with respect to the number of article according to period, keyword frequency, and qualitative features. The qualitative features were coded in multiple aspects of pre-service teachers' type, major, subject-matter in research context, research approach, data type, and the number of participants. The results indicate that the number of research articles has increased by about 40 for every 5-year period. JKASE has published most articles, and the diversity of journals has increased since 2010. Keyword frequency revealed that scientific concepts, science teaching efficacy, nature of science, and other teaching and learning contexts were emphasized. In qualitative features, the most frequent pre-service type was secondary in 'general' science context. For research topic, 'pre-service teacher education program' and 'perception and cognitive domain' were the most frequent. Most of the articles have 'analyzed' the phenomena or consequence of educational issue. Most research was conducted with 11 to 30 participants. These patterns of qualitative features have differed according to period, and types of pre-service teacher. Suggestions for the future pre-service science teacher education research topic were explored, such as policy-administrative research, integrated science teacher education, teacher agency, and environmental education.

A Study on the Effective Guarantee of the Right to Portability of Personal Health Information (개인건강정보 이동권의 실효적 보장에 관한 연구)

  • Kim, Kang Han;Lee, Jung Hyun
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.35-77
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    • 2023
  • As the amendment to the Personal Information Protection Act, which newly established the basis for the right to request transmission of personal information, was promulgated through the plenary session of the National Assembly, MyData, which was previously applied only to the financial sector, could spread to all fields. The right to request transmission of personal information is the right of the information subject to be guaranteed for the realization of MyData. However, since the right to request transmission of personal information stipulated in the Personal Information Protection Act is designed to be applied to all fields, not a special field such as the medical field, it has many shortcomings to act as a core basis for implementing MyData in Medicine. Based on this awareness of the problem, this paper compares and analyzes major legal trends related to the right to portability of personal health information at home and abroad, and examines the limitations of Korea's Personal Information Protection Act and Medical Act in realizing Medical MyData. Under the Personal Information Protection Act, the right to request transmission of personal information is insufficient to apply to the medical field, such as the scope of information to be transmitted, the transmission method, and the scope of the person obligated to perform the transmission, etc.. Regulations on the right to access medical information and transmission of medical records under the Medical Act also have limitations in implementing the full function of Medical My Data in that the target information and the leading institution are very limited. In order to overcome these limitations, this paper prepared a separate and independent special law to regulate matters related to the use and protection of personal health information as a measure to improve the legal system that can effectively guarantee the right to portability of personal health information, taking into account the specificity of the medical field. It was proposed to specifically regulate the contents of the movement and transmission system of personal health information.

Seeking for a Curriculum of Dance Department in the University in the Age of the 4th Industrial Revolution (4차 산업혁명시대 대학무용학과 커리큘럼의 방향모색)

  • Baek, Hyun-Soon;Yoo, Ji-Young
    • Journal of Korea Entertainment Industry Association
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    • v.13 no.3
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    • pp.193-202
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    • 2019
  • This study focuses on what changes are required as to a curriculum of dance department in the university in the age of the 4th industrial revolution. By comparing and analyzing the curricula of dance department in the five universities in Seoul, five academic subjects as to curricula of dance department, which covers what to learn for dance education in the age of the 4th industrial revolution, are presented. First, dance integrative education, the integration of creativity and science education, can be referred to as a subject that stimulates ideas and creativity and raises artistic sensitivity based on STEAM. Second, the curriculum characterized by prediction of the future prospect through Big Data can be utilized well in dealing with dance performance, career path of dance-majoring people, and job creation by analyzing public opinion, evaluation, and feelings. Third, video education. Seeing the images as modern major media tends to occupy most of the expressive area of art, dance by dint of video enables existing dance work to be created as new form of art, expanding dance boundaries in academic and performing art viewpoint. Fourth, VR and AR are essential techniques in the era of smart media. Whether upcoming dance studies are in the form of performance or education or industry, for VR and AR to be digitally applied into every relevant field, keeping with the time, learning about VR and AR is indispensable. Last, the 4th industrial revolution and the curriculum of dance art are needed to foresee the changes in the 4th industrial revolution and to educate changes, development and seeking in dance curriculum.

A Comparative Study on Daesoon (大巡) Thought and Dangun (檀君) Thought: Focused on the Analysis of Narrative Structure and Motifs (대순사상과 단군사상 비교연구 - 서사구조와 모티프 분석을 중심으로 -)

  • Cha, Seon-keun
    • Journal of the Daesoon Academy of Sciences
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    • v.31
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    • pp.199-235
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    • 2018
  • Most of the new religions derived from Jeungsan have claimed that Jeungsan's religious thought reproduced Dangun [檀君] Thought in its original form. However, Daesoon Jinrihoe is the only religious order out of the many new religions within the Jeungsan lineage, which has constantly kept its distance from Dangun Thought since 1909 during the earliest period of proto-Daesoon Jinrihoe. Even a mere trace of Dangun cannot be found in the subject of faith or the doctrinal system of Daesoon Jinrihoe. In this context, this study aims to examine possible connections between Daesoon Thought and Dangun Thought in order to determine why other Jeungsanist religions frequently exhibit Dangunist features. Specifically, a major part of this study will be devoted to comparing and analyzing the narrative structure of Daesoon Thought and Dangun Thought as well as their respective motifs. In fact, Jeungsan does not seem to have ever mentioned Dangun in his recorded teachings, therefore, after his passing into the Heaven, most of the religious orders including Daesoon Jinrihoe derived from him did not pay any attention to Dangun Thought for almost for 40 years. These orders did not originally perceive Dangun as an object of belief. After Korea's liberation, Dangun became widely accepted as a pivotal role among the Korean people. As Dangun-nationalism claimed to unify Koreans as one great Korean ethnic society, the religious orders of Jeungsan lineage also climbed aboard this creed and their faiths or doctrines were acculturated to reflect this change. The reason for this has been attributed to following modern trends to increase success in propagation. In the meantime, Daesoon Jinrihoe was the only order that did not accept Dangun-nationalism because it was not a teaching given by the order's founder. And the two systems of thought have more dissimilarity than parallelism in terms of philosophical ideology. These seem to be the main reasons why Daesoon Jinrihoe did not adopt Dangun into its doctrine or belief system.