• Title/Summary/Keyword: Policy Needs

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A Study on the Correspondence and the Autonomy between the Act on the Guarantee of Rights of and Support for Persons with Developmental Disabilities and the Similar Ordinances of the Local Governments (발달장애인 권리보장 및 지원에 관한 법률과 지방자치단체 유사조례 간의 연계성과 자치성에 관한 연구)

  • Jeon, Jihye;Lee, Sehee
    • 한국사회정책
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    • v.25 no.2
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    • pp.367-402
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    • 2018
  • This study analyzed the relationship between the act on the guarantee of rights of and support for persons with developmental disabilities(Act for PWDD) and the similar ordinance of the local governments based on this law and focused on the correspondence(the rate of reflection) and the autonomy(differentiation). As of October 2017, 63 local government regulations and Act for PWDD were analyzed in this study. The results of the analysis are as follows: First, the rate of reflection in the ordinance of Act for PWDD was different according to the clause. In the aspect of emphasizing welfare support, the agreement between local ordinance and rate was high. While the Act for PWDD emphasized the rights of persons with developmental disabilities, there was little information about their right in the ordinance of local governments. This is evidence that current ordinance is based on the protective point of view for people with developmental disabilities. In the future, policy measures will be needed to ensure that respect for decision-making by persons with developmental disabilities and rights guarantees are included in the bylaws. Second, there is a provision that the rate of ordinance reflection is 0%, which may be guaranteed by other laws in the area, so it does not mean the absence of related system in the region, but there is possibility of institutional blind spot. In the future, consideration should be given to the complementarity of other legal systems in the area with developmental disabilities, so that persons with developmental disabilities should not be placed in institutional blind spots. Third, the autonomy(differentiation) of local ordinance was examined from the contents aspect and the administrative aspect to help practical implementation. The differentiation between the ordinances vary. Emphasizing the responsibilities of the head of the organization, emphasizing the fact-finding survey, setting up the welfare committee, or adding local needs were included to the ordinance. Local governments considering the enactment of ordinances in the future should refer to these cases and establish enactable local ordinances that take advantage of the characteristics of local autonomy.

Debating Universal Basic Income in South Korea (기본소득 논쟁 제대로 하기)

  • Back, Seung Ho;Lee, Sophia Seung-yoon
    • 한국사회정책
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    • v.25 no.3
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    • pp.37-71
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    • 2018
  • Since 2016, public and political interest on basic income has been increased beyond academic interest. The recent debate on basic income has expanded on issues regarding to the concrete implementation of basic income moving further than the debate on conception of the basic income in the abstract level. This study examines major critiques of basic income which was raised from social policy area and makes a counter-argument on these critiques. Major points summarized as follows. First, the problem of jobs and social insurance exclusion is not serious enough to call for basic income. Second, existing social security systems will be crowded out by excessive financial burden if basic income is introduced. Third, policies to cultivate citizens' capacities to cope with a technological change should be given priority over basic income. This study disputes these critiques by counter arguing four points. First, it is necessary to reconstruct welfare state based on basic income, given the labor market changes, such as long-term trend of employment change, newly emerging employment of platform companies, and inconsistency of platform labor and social insurance. Second, hypothesis of crowding-out effect on social security system is just a criticism that can be applied to the basic income initiative of the right-wing. Also, it is unable to find a logical basis or evidence of this hypothesis from the historical process of welfare state development or previous studies. Third, it is necessary to discuss how to reconfigure existing social security system and basic income which are complementary to each other and also have consistency with labor market as a configuration, not as a matter of choosing between basic income and social security system. Fourth, de-laborization does not mean a refusal to labor but a free choice, and the basic principle of social security is not needs but right. In conclusion, in order to develop more productive debate on basic income, it requires more sophisticated discussion and criticism from the point of view of the distributive justice; the debate on the sustainability of social insurance-centered welfare states; and debates on the political realization of basic income.

Evolution of Aviation Safety Regulations to cope with the concept of data-driven rulemaking - Safety Management System & Fatigue Risk Management System

  • Lee, Gun-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.345-366
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    • 2018
  • Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

A Study on Management Present and Improvements of National Records Designation System (국가지정기록물 관리현황과 개선방안 연구)

  • Choi, Jae-Ho;Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.47
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    • pp.51-93
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    • 2016
  • This study is on management present and improvements on National Records Designation System. National Records Designation System is a system that supports management and preservation of changes of records designated by the government through consideration that such records are worth preserving permanently nationally among records acquired by individual or organization. This system is meaningful in a way that it established systematic foundation to hand down by informatizing historic private records which are in danger to be lost or damaged due to lack of proper care. However, compared to the number of designated records, the information that could be practically drawn from such records are limited. This triggered this study to be launched. National Archive sometimes promotes designation and management of National Designated records. Yet archival information service offering access of user to national designated records are very rare. I conducted survey and interview of managers, field research, and documentary research of 10 records holding institution that keeps national designated records currently. I considered that current management status of National Records Designation System can be figured out minutely through these research. As a result of such research, most of the records holding institutions offered display as their least archival information service. The objective of records informatization was to utilize the records. Also further plans on information service related to records and various utilization were suggested. records holding institution manager did not give positive answer on effect of designating national designated records and cooperation between National Archive. Support to National Archive only focused on preservation. For national designated records holding institution designated after 2011 were not getting proper support. In addition, National Archive's support rarely met records holding institution's need. In such circumstances, things to consider for improvements of National Records Designation System is as following. First, designation of national designated records should be based on the utilization of the record. Each records holding institution's willingness to utilize corresponding records and National Archive's ability to draw the willingness out should be considered. Also, it shouldn't be left as mere complementary policy of National Archive's selecting policy. Second, for National Records Designation System to be managed permanently, it should be changed as the system that supports enhancement of private records management. The aim should point to the direction where private can manage and preserve the records on their own. Third, There needs to be changes on the subject and process of national designated records designation. National designated record is the record that was considered valuable by the government among private records. Thus, such records should be the best one to show private field. Accordingly, records that represent contemporary society and include various states and contents should be chosen to be designated. Moreover, public discussion be formed by citizens and related professionals in order to properly select the record.

Evaluating the Strategic Reaction of Labor Union Movement toward Labor Reforms: The Two National Centers' Reaction toward Park, Guen-Hye Government's Labor Market Restructuring (노동개혁국면에 있어 노조운동의 대응전략에 관한 평가: 박근혜정부의 노동시장 구조개혁에 대한 양노총의 대응을 중심으로)

  • Lee, Byoung-Hoon
    • 한국사회정책
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    • v.23 no.1
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    • pp.1-23
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    • 2016
  • This study evaluates the strategic capacity of Korean labor union movement by examining policy alternatives and strategic steps that the Federation of Korean Trade Unions and the Korean Confederation of Trade Unions have shown in response to Park Geun-Hye government's labor market structuring policies. While the government-led labor reform was carried out as intended, organized labor has not simply failed to achieve progressive labor reforms to enhance employment security, but also to exert their strategic capacity effectively for preventing Park's labor market flexibilization policies. The two national centers have not been able to exert their strategic capacity (such as intermediating, framing, articulating, learning) for mobilizing the resources of internal solidarity, network embeddedness, narrative discourse, and organizational infrastructure. In particular, the formation and diffusion of public discourse is a significant part of strategic capacity of labor unions dealing with the labor politics of labor market restructuring, since organized labor, which is under the unfavorable constraints of limited movement resources and power imbalance with the business circle, needs to mobilize massive support and participation from union members and civil society organizations. In this light, it becomes of more importance for labor union movement to exert their strategic capacity toward internal solidarity and network embeddedness in the stage of labor market reforms. Under the recent stage of labor reforms, however, the labor unions has not harnessed their movement resources effectively, but undertaken their protest in a traditional manner, thereby losing its public efficacy from inside and outside. Moreover, it is necessary to build and activate the network of organic solidarity among organized labor, civil society organizations and progressive political parties, in order to cope with the pro-business coalition of power elites for accomplishing pro-labor reforms.

A Study on the Development of the Traditional Design Content in health and longevity based on the Lucky Signs (길상(吉祥)을 상징하는 수복(壽福) 중심의 전통적인 디자인 콘텐츠 개발에 대한 방향성 연구 - 문화상품디자인 중심으로 -)

  • Jung, Su-yeon;Hong, Dong-sik
    • Journal of Communication Design
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    • v.66
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    • pp.90-101
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    • 2019
  • South Korea had a hard time creating its own image of a nation that formed its identity due to 6.25, Japanese-style rule, division of South and North Korea, and military dictatorship. Recently, Korea has been searching and spreading its identity by creating a Korean wave such as various events and K-POPs. However, since there are still no images and cultural products representing Korea's identity, it is necessary to develop design contents related to native culture and professional cultural product design. Design powers such as France and Japan focus on design projects that can add value to their national design policy projects. Traditional Korean contents also need to be specialized and continuous in image design and research. In this study, five lucky-SubokGangnYeon(long life, happiness and peace), a representative of Korean culture, studied with the most interest in the old and the modern, namely, "Living healthy long." Through the development of cultural product design and the use of design content, I would look forward to presenting the diversity and direction in producing Korea's own design products and images that fit the trend of modern 'age of 100.' Based on images based on special exhibitions related to longevity of the National Folk Museum of Korea, the museum discovers key used features and meanings, studies patterns and patterns, and analyzes design cases applied to modern cultural product design. We also want to look at the direction available through design content, which is a symbol of llong life happiness and peace. First, cultural products have limitations that lack the development of design products, lack of public relations and sales outlets, and lack of awareness of traditional culture, which should precede policy support and awareness reform at the national level. Second, we need to streamline prices that meet the needs of the market. Third, cultural product design and contents related to tradition can be settled and disseminated more easily when traditional design is utilized and distributed mainly on practical stationery and household goods. Fourth, it is necessary to develop contents of various Korean images based on research on Korean cultural history and aesthetic consciousness. Research on the Korean culture of designers should be conducted, not just in the form of figurative images. Fifth, traditional manufacturing methods and materials should be respected by modern times, but modern production products should be developed with economy and durability.

A Study on Legal and Regulatory Improvement Direction of Aeronautical Obstacle Management System for Aviation Safety (항공안전을 위한 장애물 제한표면 관리시스템의 법·제도적 개선방향에 관한 소고)

  • Park, Dam-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.145-176
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    • 2016
  • Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

The Effect of Perceived Shopping Value Dimensions on Attitude toward Store, Emotional Response to Store Shopping, and Store Loyalty (지각된 쇼핑가치차원이 점포태도, 쇼핑과정에서의 정서적 경험, 점포충성도에 미치는 영향에 관한 연구)

  • Ahn Kwang Ho;Lee Ha Neol
    • Asia Marketing Journal
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    • v.12 no.4
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    • pp.137-164
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    • 2011
  • In the past, retailers secured customer loyalty by offering convenient locations, unique assortments of goods, better services than competitors, and good credit policy. All this has changed. Goods assortments among stores have become more alike as national-brand manufacturers place their goods in more and more retail stores. Service differentiation also has eroded. Many department stores have trimmed services, and many discount stores have increased theirs. Customers have become smarter shoppers. They don't pay more for identical brands, especially when service differences have diminished. In the face of increased competition from discount storess and specialty stores, department stores are waging a comeback war. Growth of intertype competition, competition between store-based and non-store-based retailing and growing investment in technology are changing the way consumers shop and retailers sell. Different types of stores-discount stores, catalog showrooms, department stores-all compete for the same consumers by carrying the same type of merchandise. The biggest winners are retailers that have helped shoppers to be economically cautious, simplified their increasingly busy and complicated lives, and provided an emotional connection. The growth of e-retailers has forced traditional brick-and-mortar retailers to respond. Basically brick-and-mortar retailers utilize their natural advantages, such as products that shoppers can actually see, touch, and test, real-life customer service, and no delivery lag time for small-sized purchases. They also provide a shopping experience as a strong differentiator. They are adopting practices as calling each shopper a "guest". The store atmosphere should match the basic motivations of the shopper. If target consumers are more likely to be in a task-oriented and functional mindset, then a simpler, more restrained in-store environment may be better. Consistent with this reasoning, some retailers of experiential products are creating in-store entertainment to attract customers who want fun and excitement. The retail experience must deliver value to turn a one-time visitor into a loyal customer. Retailers need a tool that measures the full range of components that define experience-based value. This study uses an experiential value scale(EVS) developed by Mathwick, Malhotra and Rigdon(2001) which reflects the benefits derived from perceptions of playfulness, aesthetics, customer "return on investment" and service excellence. EVS is useful to predict differences in shopping preferences and patronage behavior of customers. EVS consists of items measuring efficiency, economic value, visual appeal, entertainment value, service excellence, escapism, and intrinsic enjoyment, which are subscales of experiencial value. Efficiency, economic value, service excellence are linked to the utilitarian shopping value. And visual appeal, entertainment value, escapism and intrinsic enjoyment are linked to hedonic shopping value. It has been found that consumers value hedonic experiences activated from escapism and attractiveness of shopping environment as much as the product quality, price, and the convenient location. As a result, many department stores, discount stores, and other retailers are introducing differential marketing strategy based on emotional/hedonic values. Many researches suggest that consumers go shopping not only for buying products but also for various shopping experiences. In other words, they seek the practical, rational value as well as social, recreational values in the shopping process(Babin et al, 1994; Bloch et al, 1994). Retailers may enhance buyer's loyalty to store by providing excellent emotional/hedonic value such as the excitement from shopping, not just the practical value of buying good products efficiently. We investigate the effect of perceived shopping values on the emotional experience and store loyalty based on the EVS(Experiential Value Scales) developed by Holbrook(1994), Mathwick, Malhotra and Rigdon(2001). This study assumes that the relative effect of shopping value dimensions on the responses of shoppers will differ according to types of stores and analyzes the moderating effect of store type(department store VS. discount store) on the causal relationship between shopping value dimensions and store loyalty. Emprical results show that utilitarian values of shopping experience and hedonic value of shipping experience give the positive effect on the emotional response of consumers and store loyalty. We also found the moderating effect of store types. The effect of utilitarian shopping values on the attitude toward discount store is higher than the effect of utilitarian shopping values on the attitude toword department store. And the effect of hedonic shopping value on the emotional response to discount store is higher than on the emotional response to department store. The empirical results reflect on the recent trend that discount stores try to fulfill the hedonic needs of consumers as well as utilitarian needs(i.e, low price) that discount stores traditionally have focused on

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The Status of North Korean Airspace after Reunification (북한 공역의 통일 후 지위)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.287-325
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    • 2017
  • Considering the development of aerospace, military science and technology since the 20th century, the sky is very important for the nation's existence and prosperity. The proverb "Whosoever commands the space commands the world itself!" emphasizes the need for the command of the air. This essay is the first study on the status of airspace after reunification. First, the territorial airspace is over the territory and territorial sea, and its horizontal extent is determined by the territorial boundary lines. Acceptance of the present order is most reasonable, rather than attempting to reconfigure through historical truths about border issues, and it could be supported by neighboring countries in the reunification period. For peace in Northeast Asia, the reunified Korea needs to respect the existing border agreement between North Korea and China or Russia. However, the North Korean straight baselines established in the East Sea and the Yellow Sea should be discarded because they are not available under United Nations Convention on the Law of the Sea. It is desirable for the reunified Korea to redefine the straight baselines that comply with international law and determine the territorial waters up to and including the 12-nautical mile outside it. Second, the Flight Information Region (hereinafter "FIR") is a region defined by the International Civil Aviation Organization (hereinafter "ICAO") in order to provide information necessary for the safe and efficient flight of aircraft and the search and rescue of aircraft. At present, Korea is divided into Incheon FIR which is under the jurisdiction of South Korea and Pyongyang FIR which is under the jurisdiction of North Korea. If North Korea can not temporarily exercise control of Pyongyang FIR due to a sudden change of circumstances, it is desirable for South Korea to exercise control of Pyongyang FIR, and if it is unavoidable, ICAO should temporarily exercise it. In reunified Korea, it is desirable to abolish Pyongyang FIR and integrate it into Incheon FIR with the approval of ICAO, considering systematic management and control of FIR, establishment of route, and efficiency of management. Third, the Air Defense Identification Zone (hereinafter "ADIZ") is a zone that requires easy identification, positioning, and control of aircraft for national security purposes, and is set up unilaterally by the country concerned. The US unilaterally established the Korea Air Defense Identification Area (KADIZ) by the Declaration of Commitment on March 22, 1951. The Ministry of Defense proclaimed a new KADIZ which extended to the area including IEODO on December 13, 2013. At present, North Korea's military warning zone is set only at maritime boundaries such as the East Sea and the Yellow Sea. But in view of its lack of function as ADIZ in relations with China and Russia, the reunified Korea has no obligation to succeed it. Since the depth of the Korean peninsula is short, it is necessary to set ADIZ boundary on the outskirts of the territorial airspace to achieve the original purpose of ADIZ. Therefore, KADIZ of the reunified Korea should be newly established by the boundary line that coincides with the Incheon FIR of the reunified Korea. However, if there is no buffer zone overlapping with or adjacent to the ADIZs of neighboring countries, military tensions may rise. Therefore, through bilateral negotiations for peace in Northeast Asia, a buffer zone is established between adjacent ADIZs.

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Liabilities of Air Carrier Who Sponsored Financially Troubled Affiliate Shipping Company (항공사(航空社)의 부실 계열 해운사(海運社) 지원에 따른 법적 책임문제)

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.177-200
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    • 2017
  • This writer have thus far reviewed the civil and criminal obligations of the directors of a parent company that sponsored financially troubled affiliates. What was discussed here applies to logistics companies in the same manner. Hanjin Shipping cannot expect its parent company, Korean Air to prop it up financially. If such financial aid is offered without any collateral, under Korean criminal law, the directors of the parent company bears the burden of civil and criminal responsibility. One way to get around this is to secure fairness in terms of the process and the content of aid. Fairness in terms of process refers to the board of directors making public all information and approving such aid. Fairness in terms of content refers to impartial transactions that block out any possibilities of the chairman of the corporate group acting in his private interest. In the case of Korean Air bailing out Hanjin, the meeting of board of directors were held five times and a thorough review was conducted on the risks involved in the loans being repaid or not. After the review, measures to guard against undesirable scenarios were established before finally deciding on bailing out Hanjin. As such, there are no issues. In terms of the fairness of content, too, there were practically no room for the majority shareholder or controlling shareholder to pocket profits at the expense of the company. This is because the continued aid offered to a financially troubled company (i.e. Hanjin Shipping) was a posing a burden to even the controlling shareholder. This writer argues that the concept of the interest of the entire corporate group needs to be recognized. That is, it must be recognized that the relationship of control and being controlled between parent company and affiliate company, or between affiliate companies serves a practical benefit to the ongoing concern and growth of the group and is therefore just. Moreover, the corporate group and its affiliates, as well as their directors and management must recognize that they have an obligation to prioritize the interests of the corporate group ahead of the interests of the company that they are directly associated with. As such, even if Korean Air offered a loan to Hanjin Shipping without collateral, the act cannot be treated as an offense to law, nor can the directors be accused of damages that they bear the responsibility of compensating under civil law.

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