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

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

A Study on Purchasing Decision Making and Adoption : Focused on the RFID Purchasing Customer (구매의사 결정과 수용에 대한 연구 : RFID 구매고객 중심으로)

  • Seo, Pil-Su;Jang, Jang-Yi;Shim, Kyeng-Su
    • 한국벤처창업학회:학술대회논문집
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    • 2008.11a
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    • pp.257-282
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    • 2008
  • RFID (Radio Frequency Identification) is regarded as a core technology of ubiquitous computing. Although it has some technical limitations such as technological standardization of RFID tags as well as economical limitations, many companies around the world have already accepted RFID to improve their management efficiency. In this regard, this study is to meet with results that the adoption of RFID technology willbring opportunities that companies' operational process are improved and customer satisfaction is highly strengthened. This research focuses on providing more understanding for building RFID marketing strategy to suppliers who want to sell their RFID products to customers through analyzing purchasing process. The findings are as follows; First, the study shows that buying center members usually take product reliability and precision of technical specification in the case of new-task buying situation while they put their first purchasing priority on prices in the straight rebuy. Second, the finding presents that in new-task buying situation and the straight rebuy purchasing personnel get information about new products through product performance test, organizational engineers, opinions from other companies' purchasing personnel, and checking out samples. Third, this research demonstrates when it comes to purchasing risk in their first purchasing, the persons who are in charge of material purchasing are inclined to be aware of the risk most in technical problems, followed by financial problems and time delay problems in order. And in addition to those risks are mentioned above, once-again-purchasers take the risk like an opportunity loss for better products into consideration. Fourth, the study shows that the role of concerning departments makes no difference in each purchasing stage. Accordingly marketers need to beef up the differentiated strategy to persuade their customers. Fifth, the findings of this study demonstrate that purchasing decision making is much influenced by the final users. So suppliers are supposed to perform the most active marketing strategy at the first stage of purchasing through various resources. Finally, the study presents that the suppliers who will have had close relationships with their customers need to give consistent information to them so that their customers can have lower motive in purchasing products from competitors.

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The impact of open innovation activities on performance of Korean IT SMEs·Venture: Technology Transfer Experiences and Technological Collaborations (중소·벤처기업의 개방형혁신 노력이 성과에 미치는 영향에 관한 연구: 기술이전경험과 기술협력유형을 중심으로)

  • Roh, Doo-Hwan;Hwang, Kyung-Ho;Park, Ho-Young
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.12 no.1
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    • pp.33-46
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    • 2017
  • In Korea, small and medium sized domestic enterprises (SMEs) play an pivotal role in the national economy, accounting for 99.8% of all enterprises, 87.9% of total employment, and 48.3% of production. and SMEs were driving a real force of the development of national economy in many respects such as innovation, job creation, industrial diversity, balanced regional development. Despite their crucial role in the national development, most of SMEs suffer from a lack of R&D capabilities and equipments as well as funding capacity. Government-Supported Research Institute (GRI) can provide SMEs with valuable supplementary technological knowledges and help them build technological capacities. so, In order to effectively support SMEs, government and GRI must be a priority to know about the factors influencing the performance related to technology transfer and technological collaborations. The paper analyzes the effects of Korean IT SMEs Venture external collaborations and technology transfer on their performances, according to their collaboration activities and technology transfer experiences. The results show that there was a significant difference between '3~5times' of technology transfer experience and 'zero technology transfer experience' in the case of technology transfer experience. In case of technological collaboration type, there was a significant difference between 'R&D manpower' and 'enhancement of technological capabilities including core technologies'. The results show that the effectiveness of technology transfer of Korean IT SMEs Venture depends on experiences, types of collaboration activities. so the results of this research will be useful for Government-Supported research institute (GRI)' policy makers when establishing technology commercialization support policies and strategic planning of small and medium sized domestic enterprises.

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Development of Korean Neurobehavioral Test Battery -Assessment of the Validity of Traditional and Computerized Neurobehavioral Tests- (한국형 신경행동검사 배터리의 개발 -면접과 컴퓨터 신경행동검사의 타당성 평가-)

  • Chung, Jong-Hak;Kim, Chang-Yoon;SaKong, Joon;Jeon, Man-Joong;Park, Hong-Chin
    • Journal of Preventive Medicine and Public Health
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    • v.31 no.4 s.63
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    • pp.692-707
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    • 1998
  • Aim. A neurobehavioral test for workers exposed to organic solvents in the workplace can be affected by many factors : age, education, motivation, ethnicity, etc. To apply more suitable neurobehavioral test for Korean workers, we evaluated the validity of several items of computerized and traditional neurobehavioral tests. Methods. We have applied eleven tests : four items of computerized neurobehavioral test(Swedish Performance Evaluation System) including Addition, Symbol-Digit, Dig-it Span, and Finger tapping speed, and seven items of traditional neurobehavioral test consisting of Addition, Digit-Symbol, Digit Span, Benton visual retention test, Pursuit aiming, Pegboard, and Tapping. These tests were performed on 96 workers exposed to solvents, and 100 reference workers. The concurrent and construct validities were evaluated by group difference, correlation with age, educational level, hippuric acid level, neurotoxic symptom, current exposure level, multitrait-multimethod matrix, fator analysis, and discriminant analysis. Results. Statistically significant differences were observed between the workers exposed to solvents and referents in computerized Symbol-Digit, Finger tapping speed, traditional Digit-Symbol and Pegboard. The computerized Symbol-Digit, traditional Digit-Symbol, Addition, Benton visual retention test, and Pegboard were found to be related to the age. The performance of computerized Symbol-Digit, Addition, and traditional Digit-Symbol were found to be related to the educational level significantly. The computerized Symbol-Digit, Finger tapping speed, and traditional Digit-Symbol were found to be related to hippuric acid, and neurotoxic symptom. The discriminability of Finger tapping speed, and Pegboard was better than the other tests. In discriminant analysis, the model with two variables, the computerized Symbol-Digit and Pegboard, classified almost 70 percent of the workers correctly. Conclusions. These results suggest that the computerized Symbol-Digit, Finger tapping speed, and Pegboard are more satisfactory for our purpose, and the Addition, Tapping, Benton visual retention test, and Pursuit aiming are less valid than other items. These may allow the reasonable selection of core neurobehavioral tests for workers exposed to solvents in Korea.

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Ontology-based User Customized Search Service Considering User Intention (온톨로지 기반의 사용자 의도를 고려한 맞춤형 검색 서비스)

  • Kim, Sukyoung;Kim, Gunwoo
    • Journal of Intelligence and Information Systems
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    • v.18 no.4
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    • pp.129-143
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    • 2012
  • Recently, the rapid progress of a number of standardized web technologies and the proliferation of web users in the world bring an explosive increase of producing and consuming information documents on the web. In addition, most companies have produced, shared, and managed a huge number of information documents that are needed to perform their businesses. They also have discretionally raked, stored and managed a number of web documents published on the web for their business. Along with this increase of information documents that should be managed in the companies, the need of a solution to locate information documents more accurately among a huge number of information sources have increased. In order to satisfy the need of accurate search, the market size of search engine solution market is becoming increasingly expended. The most important functionality among much functionality provided by search engine is to locate accurate information documents from a huge information sources. The major metric to evaluate the accuracy of search engine is relevance that consists of two measures, precision and recall. Precision is thought of as a measure of exactness, that is, what percentage of information considered as true answer are actually such, whereas recall is a measure of completeness, that is, what percentage of true answer are retrieved as such. These two measures can be used differently according to the applied domain. If we need to exhaustively search information such as patent documents and research papers, it is better to increase the recall. On the other hand, when the amount of information is small scale, it is better to increase precision. Most of existing web search engines typically uses a keyword search method that returns web documents including keywords which correspond to search words entered by a user. This method has a virtue of locating all web documents quickly, even though many search words are inputted. However, this method has a fundamental imitation of not considering search intention of a user, thereby retrieving irrelevant results as well as relevant ones. Thus, it takes additional time and effort to set relevant ones out from all results returned by a search engine. That is, keyword search method can increase recall, while it is difficult to locate web documents which a user actually want to find because it does not provide a means of understanding the intention of a user and reflecting it to a progress of searching information. Thus, this research suggests a new method of combining ontology-based search solution with core search functionalities provided by existing search engine solutions. The method enables a search engine to provide optimal search results by inferenceing the search intention of a user. To that end, we build an ontology which contains concepts and relationships among them in a specific domain. The ontology is used to inference synonyms of a set of search keywords inputted by a user, thereby making the search intention of the user reflected into the progress of searching information more actively compared to existing search engines. Based on the proposed method we implement a prototype search system and test the system in the patent domain where we experiment on searching relevant documents associated with a patent. The experiment shows that our system increases the both recall and precision in accuracy and augments the search productivity by using improved user interface that enables a user to interact with our search system effectively. In the future research, we will study a means of validating the better performance of our prototype system by comparing other search engine solution and will extend the applied domain into other domains for searching information such as portal.

Middle School Students' Construction of Physics Inquiry Problems and Variables Isolation and Clarification during Small Group Open-inquiry Activities (중학생의 소집단 자유탐구활동 중 물리 영역 탐구문제의 구성과 변인 추출 및 명료화 과정)

  • Yoo, Junehee;Kim, Jongsook
    • Journal of The Korean Association For Science Education
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    • v.32 no.5
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    • pp.903-927
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    • 2012
  • The study aimed to analyze middle school students construction of physics inquiry problems for open inquiry from the viewpoint of variable isolation and clarification, and investigate students' difficulties during the processes of variable isolation and clarification to get implications for teaching and learning strategies for small group open inquiry activities which have been included in the 2007 national curriculum. The participants were 4 students who had attended an outreach program for the science gifted run by a university institution located in Seoul area. They performed an open inquiry on egg drop for 13 lessons for 30 hours. Level descriptions for variable isolation and clarification have been developed and applied to analyze students' inquiry problems and variables included by the problems. Students iterated inquiry processed 5 times and the inquiry problem showed progress gradually. Dependent variables have been isolated ahead and the levels of variable isolation and clarification showed higher than the independent variables. Many kinds of independent variables isolated extensively and the independent variables and control variables have been mingled. One of the reasons why students had some difficulties in isolation of independent variables could be the absence of theoretical models. The realities of school lab could restrict the variable isolation and clarification as well as topic selections. Some sensory or extensive variables such as broken eggs and drop height seem to be salient to be focused on as core variables. Lack of background knowledges could be one of the reasons for students' difficulties in variable clarification, such as theoretical definitions and operational definitions. As a result of lacking background knowledges, students could not construct theoretical models even though they could isolate and clarify variables as scientific lexical definitions. Some perceptions of inquiry as trial and error or reckless establishment of causal relations between variables could be accounted as one reason.

Personification of On-line Shopping Mall -Focusing on the Social Presence- (온라인 쇼핑몰의 의인화 전략 -사회적 실재감을 중심으로-)

  • Park, Ju-Sik
    • Management & Information Systems Review
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    • v.31 no.2
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    • pp.143-172
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    • 2012
  • While e-commerce market(B2C) grows rapidly, many experts argue that EC(B2C) transactions have not reached its full potential. A notable difference between online and offline consumer markets that is suppressing the growth of EC(B2C) is the decreased presence of human and social elements in the online shopping environments. Generally online shopping lacks human warmth and sociability. In this study, social presence in online shopping mall was proposed as a substitute for face-to-face social interaction in the traditional commerce and author explored what variables affect social presence(human warmth and sociability) on online shopping malls and how human warmth and sociability can influence on online store loyalty. To achieve research objectives, we reviewed literatures related with marketing, psychology and communication research areas. Based on literature review, we proposed a research model on the online shopping mall. To examine the proposed research model, we gathered data by using a self-report questionnaire. Respondents consists of online shoppers with at least five or more times of purchase experience in online shopping malls. Because social presence is a feeling which needs frequent contacts with malls to experience, respondents must have enough purchase experiences. The empirical results are as follows : First, shopping mall's customization efforts influence perceived social presence on the mall significantly. Second, shopping mall's responsiveness influences perceived social presence significantly. Third, perceived activity of community of online shopping mall influences perceived social presence significantly. Mall managers have to activate their customer community to reinforce social presence, resulting in trust building. Finally, perceived social presence influences trust and enjoyment on the mall significantly. And then trust and enjoyment on the mall affect store loyalty significantly. From these findings it can be inferred that perceived social presence appears determinant which is critical to the formation of core variables(trust and loyalty) in existing online shopping papers.

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A Study on the infringement of privacy of unmanned aircraft : Focusing on the analysis of legislation and US policy (무인항공기의 사생활 침해에 대한 법적 대응 : 미국 정책.입법안 분석을 중심으로)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.135-161
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    • 2014
  • An unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. ICAO classify unmanned aircraft into two types under Circular 328 AN/190. Unmanned aircraft, which is the core of the development of the aviation industry. However, there are also elements of the legal dispute. Unmanned aircraft are manufactured in small size, it is possible to shoot a record peripheral routes stored in high-performance cameras and sensors without the consent of the citizens, there is a risk of invasion of privacy. In addition, the occurrence of the people of invasion of privacy is expected to use of civilian unmanned aircraft. If the exposure of private life that people did not want for unmanned aircraft has occurred, may occur liability to the operator of unmanned aircraft, this is a factor to be taken into account for the development of unmanned aircraft industry. In the United States, which is currently led by the unmanned aircraft industry, policy related to unmanned aircraft, invasion of privacy is under development, is preparing an efficient measures making. Unmanned aircraft special law has not been enforced. So there is a need for legal measures based on infringement of privacy by the unmanned aircraft. US was presented Privacy Protection Act of unmanned aircraft (draft). However Korea has many laws have been enacted, to enact a new law, but will be able to harm the legal stability, there is a need for the enactment of laws for public safety of life. Although in force Personal Information Protection Law, unmanned aerospace, when the invasion of privacy occurs, it is difficult to apply the Personal Information Protection Law. So, it was presented a privacy protection bill with infringement of privacy of unmanned aircraft in the reference US legislation and the Personal Information Protection Act.

Factors Influencing the Adoption of Location-Based Smartphone Applications: An Application of the Privacy Calculus Model (스마트폰 위치기반 어플리케이션의 이용의도에 영향을 미치는 요인: 프라이버시 계산 모형의 적용)

  • Cha, Hoon S.
    • Asia pacific journal of information systems
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    • v.22 no.4
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    • pp.7-29
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    • 2012
  • Smartphone and its applications (i.e. apps) are increasingly penetrating consumer markets. According to a recent report from Korea Communications Commission, nearly 50% of mobile subscribers in South Korea are smartphone users that accounts for over 25 million people. In particular, the importance of smartphone has risen as a geospatially-aware device that provides various location-based services (LBS) equipped with GPS capability. The popular LBS include map and navigation, traffic and transportation updates, shopping and coupon services, and location-sensitive social network services. Overall, the emerging location-based smartphone apps (LBA) offer significant value by providing greater connectivity, personalization, and information and entertainment in a location-specific context. Conversely, the rapid growth of LBA and their benefits have been accompanied by concerns over the collection and dissemination of individual users' personal information through ongoing tracking of their location, identity, preferences, and social behaviors. The majority of LBA users tend to agree and consent to the LBA provider's terms and privacy policy on use of location data to get the immediate services. This tendency further increases the potential risks of unprotected exposure of personal information and serious invasion and breaches of individual privacy. To address the complex issues surrounding LBA particularly from the user's behavioral perspective, this study applied the privacy calculus model (PCM) to explore the factors that influence the adoption of LBA. According to PCM, consumers are engaged in a dynamic adjustment process in which privacy risks are weighted against benefits of information disclosure. Consistent with the principal notion of PCM, we investigated how individual users make a risk-benefit assessment under which personalized service and locatability act as benefit-side factors and information privacy risks act as a risk-side factor accompanying LBA adoption. In addition, we consider the moderating role of trust on the service providers in the prohibiting effects of privacy risks on user intention to adopt LBA. Further we include perceived ease of use and usefulness as additional constructs to examine whether the technology acceptance model (TAM) can be applied in the context of LBA adoption. The research model with ten (10) hypotheses was tested using data gathered from 98 respondents through a quasi-experimental survey method. During the survey, each participant was asked to navigate the website where the experimental simulation of a LBA allows the participant to purchase time-and-location sensitive discounted tickets for nearby stores. Structural equations modeling using partial least square validated the instrument and the proposed model. The results showed that six (6) out of ten (10) hypotheses were supported. On the subject of the core PCM, H2 (locatability ${\rightarrow}$ intention to use LBA) and H3 (privacy risks ${\rightarrow}$ intention to use LBA) were supported, while H1 (personalization ${\rightarrow}$ intention to use LBA) was not supported. Further, we could not any interaction effects (personalization X privacy risks, H4 & locatability X privacy risks, H5) on the intention to use LBA. In terms of privacy risks and trust, as mentioned above we found the significant negative influence from privacy risks on intention to use (H3), but positive influence from trust, which supported H6 (trust ${\rightarrow}$ intention to use LBA). The moderating effect of trust on the negative relationship between privacy risks and intention to use LBA was tested and confirmed by supporting H7 (privacy risks X trust ${\rightarrow}$ intention to use LBA). The two hypotheses regarding to the TAM, including H8 (perceived ease of use ${\rightarrow}$ perceived usefulness) and H9 (perceived ease of use ${\rightarrow}$ intention to use LBA) were supported; however, H10 (perceived effectiveness ${\rightarrow}$ intention to use LBA) was not supported. Results of this study offer the following key findings and implications. First the application of PCM was found to be a good analysis framework in the context of LBA adoption. Many of the hypotheses in the model were confirmed and the high value of $R^2$ (i.,e., 51%) indicated a good fit of the model. In particular, locatability and privacy risks are found to be the appropriate PCM-based antecedent variables. Second, the existence of moderating effect of trust on service provider suggests that the same marginal change in the level of privacy risks may differentially influence the intention to use LBA. That is, while the privacy risks increasingly become important social issues and will negatively influence the intention to use LBA, it is critical for LBA providers to build consumer trust and confidence to successfully mitigate this negative impact. Lastly, we could not find sufficient evidence that the intention to use LBA is influenced by perceived usefulness, which has been very well supported in most previous TAM research. This may suggest that more future research should examine the validity of applying TAM and further extend or modify it in the context of LBA or other similar smartphone apps.

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Introduction of a System for a Sustainable Ecotourism and International Cooperation - Focusing on the Korea-China-Japan Ecotourism Certification/Designation System - (생태관광의 지속가능성 확보를 위한 제도 도입 및 국제협력방안 - 한·중·일 생태관광 인증/지정제도를 중심으로 -)

  • Choi, Hee-Sun;Kim, Hyun-Ae
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.6
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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.