• Title/Summary/Keyword: Problem Space

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Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

Legal Aspects on ICAO SARPs Regarding Alternative Fire Extinguishing Agent to Halon Fire Extinguishers

  • Lee, Gun-young;Kang, Woo-Jung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.205-226
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    • 2018
  • For sustainable development of air transport, the establishment and application of international standards of environmental protection area is significant. The development and use of alternative fire extinguishing agent to Halon, which is used for the fire extinguishing systems of engine nacelles/APU and cargo compartments, has been requested in order to protect the ozone layer. The ICAO has been active in preparing international standards and recommended practices (SARPs); however, certification of alternative fire extinguishing agents has been postponed due to technical readiness problem.. Consequently, the implementation of SARPs has also been postponed by two years from the end of 2016. to the end of 2018. As such consequences have caused confusion among Member States regarding its implementation, it is necessary to discuss and pay more attention to this issue. ICAO Council and Air Navigation Commission should consider between setting the implementation time frame earlier or giving enough time for mature readiness and preparedness. Also in order to minimize the unnecessary discharge of Halon owned by Member States, it is necessary to consider efficient management methodologies; for example, requesting fire extinguisher manufacturers to recharge in professional ways. For the successful implementation of the SARPs, ICAO developed an implementation task list as including notification of differences, establishment of a national implementation plan, drafting of the modification to the national regulations and means of compliance, adoption of the national regulations and means of compliance. Member States can develop their own rule making process in reference with the ICAO implementation task list. This issue was presented and discussed during the 54th Conference of Directors General of civil aviation, Asia and Pacific Regions which was held in Ulaanbaatar, Mongolia in 2017 with significant attention among participated Contacting States. In this regards, ICAO Council and Air Navigation Commission should consult with Legal Bureau lawyers regarding SARPs preparing process to eliminate difficulties and confusions for proper implementation within effective date.

A Geographically Weighted Regression on the Effect of Regulation of Space Use on the Residential Land Price - Evidence from Jangyu New Town - (공간사용 규제가 택지가격에 미치는 영향에 대한 공간가중회귀분석 - 장유 신도시지역을 대상으로-)

  • Kang, Sun-Duk;Park, Sae-Woon;Jeong, Tae-Yun
    • Management & Information Systems Review
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    • v.37 no.3
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    • pp.27-47
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    • 2018
  • In this study, we examine how land use zoning affects the land price controlling other variables such as road-facing condition of the land, land form, land age after its development and land size. We employ geographically weighted regression analysis which reflects spatial dependency as methodology with a data sample of land transaction price data of Jangyu, a new town, in Korea. The results of our empirical analysis show that the respective coefficients of traditional regression and geographically weighted regression are not significantly different. However, after calculating Moran's Index with residuals of both OLS and GWR models, we find that Moran's Index of GWR decreases around 26% compared to that of OLS model, thus improving the problem of spatial autoregression of residuals considerably. Unlike our expectation, though, in both traditional regression and geographically weighted regression where residential exclusive area is used as a reference variable, the dummy variable of the residential land for both housing and shops shows a negative sign. This may be because the residential land for both housing and shops is usually located in the level area while the residential exclusive area is located at the foot of a mountain or on a gentle hill where the residents can have good quality air and scenery. Although the utility of the residential land for both housing and shops is higher than its counterpart's since it has higher floor area ratio, amenity which can be explained as high quality of air and scenery in this study seems to have higher impact in purchase of land for housing. On the other hand, land for neighbourhood living facility seems to be valued higher than any other land zonings used in this research since it has much higher floor area ratio than the two land zonings above and can have a building with up to 5 stories constructed on it. With regard to road-facing condition, land buyers seem to prefer land which faces a medium-width road as expected. Land facing a wide-width road may have some disadvantage in that it can be exposed to noise and exhaust gas from cars and that entrance may not be easy due to the high speed traffic of the road. In contrast, land facing a narrow road can be free of noise or fume from cars and have privacy protected while it has some inconvenience in that entrance may be blocked by cars parked in both sides of the narrow road. Finally, land age variable shows a negative sign, which means that the price of land declines over time. This may be because decline of the land price of Jangyu was bigger than that of other regions in Gimhae where Jangyu, a new town, also belong, during the global financial crisis of 2008.

Bachelard's Theory of Imagination and the Philosophical Bases of Creativity (바슐라르의 상상력 이론과 창의력의 철학적 기초)

  • Yoo, Kyoung-Hoon
    • Journal of Gifted/Talented Education
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    • v.19 no.3
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    • pp.603-646
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    • 2009
  • This paper explores in depth Gaston Bachelard's theory of imagination so as to establish the philosophical bases of creativity. While he had begun his studies on imagination to eliminate unreliable subjectivity hampering objectivity of philosophy of science, he was fascinated to become a philosopher of imagination by its unlimited power. Since his theory of imagination marked a prominent spot in the history of Western idea, this paper will seek its significant implications that will also shed light on the philosophical grounds of creativity. The best way to approach his theory is to differentiate whether imagination is the power of forming images or that of transforming them. If not misguided by surface simplicity of the aforementioned differentiation, it will be revealed that it has accrued strata in the history of Western idea. The power of forming images is related to theory of mimesis or of representation, and to ocularcentric and logo-centric structures. Bachelard strongly opposes to the theory of imagination as power of forming images, since, if it is so, its expansion and development are not possible. He thereby constructs the theory of imagination as power of transforming images. The force of movement lies at the core of his theory. Imagination as an ability to intuit movement is directly related to the problem of change in the history of Western idea. If an entity is incessantly changes itself, it becomes a crucial role of imagination to capture the force perse in the perpetual movement without distortedly and abruptly fixing it at a still point of time and space. Bachelard criticizes such a method that makes movement a controllable entity consisting of partitioned moments of space; instead, he constructs theory of imagination that reveals the true power of indispensable movement. Furthermore, it will be revealed that Bachelard's theory has more affinities with Kantian imagination and reflective judgement of aesthetics than the past researches on Bachelard showed. This paper, by means of the above investigation, will transcend the superficiality of defining what are Bachelard's formal, material, and dynamic imaginations; simultaneously, it will bear philosophical conditions of possibility that makes us experience imagination fully. These conditions also become the philosophical foundations of creativity. It will draw to a provisional close its imaginative journey of everlasting movement by making ontological and ethical dimensions of imagination and creativity.

Privilege and Immunity of Information and Data from Aviation Safety Program in Unites States (미국 항공안전데이터 프로그램의 비공개 특권과 제재 면제에 관한 연구)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.137-172
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    • 2008
  • The earliest safety data programs, the FDR and CVR, were electronic reporting systems that generate data "automatically." The FDR program, originally instituted in 1958, had no publicly available restrictions for protections against sanctions by the FAA or an airline, although there are agreements and union contracts forbidding the use of FDR data for FAA enforcement actions. This FDR program still has the least formalized protections. With the advent of the CVR program in 1966, the precursor to the current FAR 91.25 was already in place, having been promulgated in 1964. It stated that the FAA would not use CVR data for enforcement actions. In 1982, Congress began restricting the disclosure of the CVR tape and transcripts. Congress added further clarification of the availability of discovery in civil litigation in 1994. Thus, the CVR data have more definitive protections in place than do FDR data. The ASRS was the first non-automatic reporting system; and built into its original design in 1975 was a promise of limited protection from enforcement sanctions. That promise was further codified in an FAR in 1979. As with the CVR, from its inception, the ASRS had some protections built in for the person who might have had a safety problem. However, the program did not (and to this day does not) explicitly deal with issues of use by airlines, litigants, or the public media, although it appears that airlines will either take a non-punitive stance if an ASRS report is filed, or the airline may ignore the fact that it has been filed at all. The FAA worked with several U.S. airlines in the early 1990s on developing ASAP programs, and the FAA issued an Advisory Circular about the program in 1997. From its inception, the ASAP program contained some FAA enforcement protections and company discipline protections, although some protection against litigation disclosure and public disclosure was not added until 2003, when FAA Order 8000.82 was promulgated, placing the program under the protections of FAR 193, which had been added in 2001. The FOQA program, when it was first instituted through a demonstration program in 1995, did not contain protections against sanctions. Now, however, the FAA cannot take enforcement action based on FOQA safety data, and an airline is limited to "corrective action" under the program. Union contracts can exclude FOQA from the realm of disciplinary action, although airline practice may be for airlines to require retraining if there is no contract in place forbidding it. The data is protected against disclosure for litigation and public media purposes by FAA Order 8000.81, issued in 2003, which placed FOQA under the protections of FAR 193. The figure on the next page shows when each program began, and when each statute, regulation, or order became effective for that program.

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The effect of palatal height on the Korean vowels (구개의 높이가 한국어 모음 발음에 미치는 효과에 관한 연구)

  • Chung, Bo-Yoon;Lim, Young-Jun;Kim, Myung-Joo;Nam, Shin-Eun;Lee, Seung-Pyo;Kwon, Ho-Beom
    • The Journal of Korean Academy of Prosthodontics
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    • v.48 no.1
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    • pp.69-74
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    • 2010
  • Purpose: The purpose of this study was to analyze the influence of palatal height on Korean vowels and speech intelligibility in Korean adults and to produce baseline data for future prosthodontic treatment. Material and methods: Forty one healthy Korean men and women who had no problem in pronunciation, hearing, and communication and had no history of airway disease participated in this study. Subjects were classified into H, M, and L groups after clinical determination of palatal height with study casts. Seven Korean vowels were used as sample vowels and subjects'clear speech sounds were recorded using Multispeech software program on computer. The F1 and the F2 of 3 groups were produced and they were compared. In addition, the vowel working spaces of 3 groups by /a/, /i/, and /u/ corner vowels were obtained and their areas were compared. Kruskal-Wallis test and Mann-Whiteny U test were used as statistical methods and P < .05 was considered statistically significant. Results: There were no significant differences in formant frequencies among 3 groups except for the F2 formant frequency between H and L group (P = .003). In the analysis of vowel working space areas of 3 groups, the vowel working spaces of 3 groups were similar in shape and no significant differences of their areas were found. Conclusion: The palatal height did not affect vowel frequencies in most of the vowels and speech intelligibility. The dynamics of tongue activity seems to compensate the morphological difference.

Flexible Specialization: A New Paradigm for Modern Industrial Society ? (柔軟的 專門化(Flexible Specialization) : 현대 産業社會의 새로운 패러다임 ?)

  • Lee, Deog-An
    • Journal of the Korean Geographical Society
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    • v.28 no.2
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    • pp.148-162
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    • 1993
  • There is much speculation that modern capi-talist society is undergoing fundamental and qualitative chnge towards flexible specialization. The purpose of this study is to examine this hypothesis. This paper focusses on: the idea of flexible specialization; the significance of this transition; industrial district; and the implicati-ons of this new production system for Korean industrial space. Main arguments of this study are as follows: First, as all different groups of researchers apply the idea of flexible specialization according to their own specifications, the current debate on this topic is not much fruitful. Not surpri-singly, the concept of flexible specialization has overlapped with subocontracting. This intergration of subcontracting into flexible specialization systems, however, is inappropriate because the two concepts have different historical contexts. The other cause of this controversy is its inherent weekness, conceptual ambiguity. Thus, today's flexibility becomes tomorrow's rigidity. Secondly, transition towards flexible speciali-zation has only been partially achieved even in advanced capitalist countries. The application of dualistic explanatory framework, such as rigidity versus flexibiity, mass production versus small-lot multi-product production, and de-skilling versus re-skilling, has resulted in great exaggeration of the transformation, from Fordism to post-Fordism. There is no intermediary part between two places. Considering that the workers allocated to the Fordist mass production assembly line are not as large as one might imagine, the shift from mass to flexible production has only limited implications for the transformation of capitalist economy. Thirdly, 'industrial district' contorversy has contributed to highlighting the importance of small firms and areas as production space. The agglomeration of small firms in specific areas is common in Korea, but it is quite different from the industrial district based on flexible specialization. The Korean phenomenon stems from close interactions with its major parent firm rather than interactions between flexible, specialized, autonomous and technology-intensive smll firms. Most Korean subcontractors are still low-skilled, labour-intensive, and heavily dependent on their mojor parent firms. Thus, the assertion that the Seoul Metropolitan Area adopts flexible specialization has no base. Fourthly, the main concern of flexible speciali zation is small firms. However, the corporate organization that needs product diversification and technological specialization is oligopolistic large corporations typified by multinational corporations. It is because of this that most of these organizations are adoptiong Fordist mass production methods. The problem of product diversification will be resolved naturally if economic internationalization progresses further. What is more important for business success is the quality and price competitiveness of firms rather than product diversification. Lastly, in order to dispel further misunderst-anding on this issue, it is imparative that the conceptual ambiguity is resolved most urgently. This study recommends adoption of more speci-fied and direct terminology (such as, factory automation, computer design, out-sourcing, the exploitation of part-time labor, job redesign) rather than that of ideological ones (such as, Taylorism, Fordism, neo-Taylorism, neo-Fordism, post-fordism, flexible specialization, peripheral post-Fordism). As the debates on this topic just started, we still have long way to go until consensus is reached.

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Public Park Awareness along with Community Garden Cultivation Participation within an Urban Park (도시공원 내 텃밭 경작 참여 여부에 따른 공원 공공성 인식 연구)

  • Nam Koong, Hee;Kim, Seul-Yea;Kang, Eun-Jee;Kim, Yong-Geun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.43 no.1
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    • pp.120-131
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    • 2015
  • This research aimed at understanding recognition of the park's community garden, public evaluation of it, and user awareness of the public enhancement plan. This was based on the problem that arose in the park community garden as public awareness research along with community garden cultivation participation within the urban park. In order to compare recognition differences along with community garden cultivation participation, the researcher conducted an analysis by dividing research participants into a cultivation participant group and non-participant group. As a result first, the cultivation participant group positively recognized the necessity of the community garden compared to the non-participant group. However, they recognized the community garden as a space for private profit, which threatened the public aspect of the park. Second, as a result of evaluating community garden publicness, the non-participant group which was alienated from community garden use, had a negative opinion about the community garden. Third, as a result of researching awareness of the community garden distribution method and consumption to promote publicness of the community garden, the cultivation participant group recognized the community garden as a space for private profit. Therefore, it is necessary for both groups to be aware of the public value of the community garden among the park users for sustainable management and operation. The significance of this research is the direction in the aspect of users to form, manage and operate the community garden in the urban park without damaging publicness of the park or conflicting between the function of the park and the function of the community garden. Henceforth, the researcher expects that this research can be utilized to maintain publicness of the park in respect of formation of the community garden in the park and management and operation.

Ecological Role of Urban Stream and Its Improvement (도시하천의 생태학적 역할과 개선방안)

  • Son, Myoung-Won
    • Journal of the Korean association of regional geographers
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    • v.4 no.1
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    • pp.15-25
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    • 1998
  • A stream plays an important role as the source of drinking water, the ecological space and the living space. But the today's urban stream whose ecosystem is destroyed and water quality become worse in consequence of covering, concrete dyke construction, and the adjustment of high-water-ground[dunchi], is deprived of the function as a stream. Therefore this paper aims to elucidate the role that urban stream plays ecologically and to try to find a improvement to the problem. A stream is the pathway through which several types of the solar radiation energy are transmitted and the place which is always full of life energy. In the periphery of a stream, primary productivity is high and carrying capacity of population is great. Thus ancient cities based on agricultural products grew out of the fertile surroundings of stream. In Korea most cities of the Chosen Dynasty Period based on the agriculture have grown out of the erosional basins where solar energy is concentrated. The role of a stream in this agricultural system is the source of energy and material(water and sediment) and a lifeline. In consequence of the growth of cities and the rapid growing demands of water supply after the Industrial Revolution, a stream has become a more important locational factor of city. However, because cities need the life energy of urban streams no longer, urban streams cannot play role as a lifeline. And As pollutant waste water has poured into urban streams after using external streams' water, urban streams have degraded to the status of a ditch. As the results of the progress of urbanization, the dangerousness of inundation of urban stream increased and its water quality became worse. For the sake of holding back it, local governments constructed concrete dyke, adjusted high-water-ground[dunchi], and covered the channel. But stream ecosystem went to ruin and its water quality became much worse after channelization. These problems of urban stream can be solved by transmitting much energy contained in stream to land ecosystem as like rural stream. We should dissipate most of the energy contained in urban stream by cultivating wetland vegetation from the shore of stream to high-water-ground, and should recover a primitive natural vigorous power by preparation of ecological park.

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A Study on Transfer Process Model for long-term preservation of Electronic Records (전자기록의 장기보존을 위한 이관절차모형에 관한 연구)

  • Cheon, kwon-ju
    • The Korean Journal of Archival Studies
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    • no.16
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    • pp.39-96
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    • 2007
  • Traditionally, the concept of transfer is that physical records such as paper documents, videos, photos are made a delivery to Archives or Records centers on the basis of transfer guidelines. But, with the automation of records management environment and spreading new records creation and management applications, we can create records and manage them in the cyberspace. In these reasons, the existing transfer system is that we move filed records to Archives or Records centers by paper boxes, needs to be changed. Under the needing conditions of a new transfer paradigm, the fact that the revision of Records Act that include some provisions about electronic records management and transfer, is desirable and proper. Nevertheless, the electronic transfer provisions are too conceptional to apply records management practice, so we have to develop detailed methods and processes. In this context, this paper suggest that a electronic records transfer process model on the basis of international standard and foreign countries' cases. Doing transfer records is one of the records management courses to use valuable records in the future. So, both producer and archive have to transfer records itself and context information to long-term preservation repository according to the transfer guidelines. In the long run, transfer comes to be the conclusion that records are moved to archive by a formal transfer process with taking a proper records protection steps. To accomplish these purposes, I analyzed the 'OAIS Reference Model' and 'Producer-Archive Interface Methodology Abstract Standard-CCSDS Blue Book' which is made by CCSDS(Consultative committee for Space Data Systems). but from both the words of 'Reference Model' and 'Standard', we can understand that these standard are not suitable for applying business practice directly. To solve this problem, I also analyzed foreign countries' transfer cases. Through the analysis of theory and case, I suggest that an Electronic Records Transfer Process Model which is consist of five sub-process that are 'Ingest prepare ${\rightarrow}$ Ingest ${\rightarrow}$ Validation ${\rightarrow}$ Preservation ${\rightarrow}$ Archival storage' and each sub-process also have some transfer elements. Especially, to confirm the new process model's feasibility, after classifying two types - one is from Public Records center to Public Archive, the other is from Civil Records center to Public or Civil Archive - of Korean Transfer, I made the new Transfer Model applied to the two types of transfer cases.