• Journal of the Korean Society for Aviation and Aeronautics
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• v.15 no.1
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• pp.38-53
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• 2007

In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.3-36
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• 2023

The main issue in medical malpractice civil litigation is medical negligence and the causal relationship between medical negligence and damages. Regarding the presumption of causality in cases where medical negligence is proven, there is a previous Supreme Court decision 93da52402 on February 10, 1995, but it is difficult to find a case that satisfies the textual requirements of the above decision, and yet, in practice, the above decision is cited. In many cases, causal relationships were assumed, and criticism was consistently raised that it was inconsistent with the text of the above judgment. In its ruling, the Supreme Court reorganized and presented a new legal principle regarding the presumption of causality when medical negligence is proven in a civil lawsuit. According to this, If the patient proves ① the existence of an act that is assessed as a medical negligence, that is, a violation of the duty of care required of an ordinary medical professional at the level of medical care practiced in the field of clinical medicine at the time of medical practice, and ② that the negligence is likely to cause damages to the patient, the burden of proving the causal relationship is alleviated by presuming a causal relationship between medical negligence and damage. Here, the probability of occurrence of damage does not need to be proven beyond doubt from a natural scientific or medical perspective, but if recognizing the causal relationship between the negligence and the damage does not comply with medical principles or if there is a vague possibility that the negligence will cause damage, causality cannot be considered proven. Meanwhile, even if a causal relationship between medical negligence and damage is presumed, the party that performed the medical treatment can overturn the presumption by proving that the patient's damage was not caused by medical negligence. Meanwhile, unlike civil cases, the standard is 'proof beyond reasonable doubt' in criminal cases, and the legal principle of presuming causality does not apply. Accordingly, in a criminal case of professional negligence manslaughter that was decided on the same day regarding the same medical accident, the case was overturned and remanded for not guilty due to lack of proof of a causal relationship between medical negligence and death. The above criminal ruling is a ruling that states that even if 'professional negligence' is recognized in a criminal case related to medical malpractice, the person should not be judged guilty if there is a lack of clear proof of 'causal relationship'.

• Korean Journal of Heritage: History & Science
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• v.53 no.4
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• pp.60-77
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• 2020

An assumption can be made that, as a start point for the recognition and utilization of cultural heritage, the "choice" of such would reflect the cultural ideology of the ruling power at that time. This has finally been proved by the case of Korea in the 20th century. First, in the late Korean Empire (1901-1910), the prevailing cultural ideology had been inherited from the Joseon Dynasty. The main objects that the Joseon Dynasty tried to protect were royal tombs and archives. During this time, an investigation by the Japanese into Korean historic sites began in earnest. Stung by this, enlightened intellectuals attempted to recognize them as constituting independent cultural heritage, but these attempts failed to be institutionalized. During the 1910-1945 Japanese occupation, the Japanese led investigations to institutionalize Korean cultural heritage, which formed the beginning of the current cultural heritage management system. At that time, the historical investigation, designation, protection, and enhancement activities led by the Japanese Government-General of Korea not only rationalized their colonial occupation of Korea but also illustrated their colonial perspective. Korean nationalists processed the campaign for the love of historical remains on an enlightening level, but they had their limits in that the campaign had been based on the outcome of research planned by the Japanese. During the 1945-2000 period following liberation from Japan, cultural heritage restoration projects took places that were based on nationalist ideology. People intended to consolidate the regime's legitimacy through these projects, and the enactment of the 'Cultural Heritage Charter' in 1997 represented an ideology in itself that stretched beyond a means of promoting nationalist ideology. During the past 20 centuries, cultural heritage content changed depending on the whims of those with political power. Such choices reflected the cultural ideology that the powers at any given time held with regard to cultural heritage. In the background of this cultural heritage choice mechanism, there have been working trade-off relationships formed between terminology and society, as well as the ideological characteristics of collective memories. The ruling party has tried to implant their ideology on their subjects, and we could consider that it wanted to achieve this by being involved in collective memories related to traditional culture, so called-choice, and utilization of cultural heritage.

• International Commerce and Information Review
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• v.14 no.3
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• pp.75-96
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• 2012

China will replace the global governance of the 21st century in 2050. The rise of China provide the Chinese development model to other developing countries. There are positive element and disability element in China's 'peaceful rise' strategy at the same time. Success of the reform and opening up, market liberalization, economic interdependency, economic globalization, stability of ruling power, consolidation of one-party rule and soft power increase are the promotions of peaceful rise. China's rise as a power nation begins by regaining the superpower status in East Asia. East Asia is a lebensraum assuring a continuing growth to China. For this lebensraum, China shows an interest in institutionalization of regional economic cooperation. The core values of ASEAN, namely the mutual respect, harmonious coexistence, co-prosperity, egalitarianism and pluralism are in conform to China's policy of harmonious world and peaceful coexistence. Through this common value the tension in East Asia will be alleviated. By the regional hegemony strategy based on soft power and economic success, China will try to regain the past glorious position. Attaining status as a coordinator of the world rule will be based on the success of the East Asian strategy. Korea and other neighboring countries will be the best beneficiary countries of the China's rise strategy. China's rising strategy will have a profound effect on neighboring countries especially, Korea. The scale of the movement of goods, labor, and capital between the two countries will become much larger than present. Through regional trade agreements, economic interdependency between Korea and China will increase.

• Journal of Science and Technology Studies
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• v.3 no.1 s.5
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• pp.105-156
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• 2003

This paper aims to explore the cause and aspect of inter-ministerial policy conflict and its coordination in science and technology policy-making with the case of science and technology basic law-making process in Korea. This law-making processes are analysed through the three periods for the last 10 years starting 1992, such as law-formulation(1st) period, interim law-making (2nd) period, and final law-making(3rd) period. Based on these steps, it tries to concretely describe the phenomenon of policy conflict and the coordination mechanism among government departments and analyses the characteristics of dynamic interaction and mutual adjustment among the related agencies. The analysis is mainly focussed on the underlying causes and determinants of policy conflict, the development and coordination process of the conflict, the strategies and logics of the conflict participants, and eliciting some policy implications for effective policy coordination among government departments. Research results are summarized as follows. First, in science and technology policy-making the main causes of policy conflict among government departments are attributed to the difference of policy-orientation and jurisdiction-orientation of each agency. During the first period, the main aspect of policy conflict was policy-oriented, during the second, the main aspects of policy conflict were both policy-oriented and jurisdiction-oriented, and during the third, policy-oriented conflict was dominant. Second, the dominant typology and strategies of policy coordination which the participants used were vertical-political and horizontal-analytic approach. During the first period, horizontal and analytical approach were used, during the second, horizontal and political approach are mixedly used, and during the third, vertical and political approach were dominantly used. Third, The Korean National Assembly and the ruling party played a pivotal role in science and technology policy-making process(the basic law-making process) in particular during the final period.

• Korean Security Journal
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• no.41
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• pp.327-356
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• 2014

The ultimate goal of the local government is the owner of the residents welfare of the community. Welfare of the residents will start from the protection of life and property of the inhabitants. Much of this protective activity is a function of the police. Therefore, to be a municipal & local police that is based on the autonomy of the local conceptual prerequisites for the welfare of the population. Municipal & local police activities are activities for the local community rooted in the community that the police and to rejoin the community, municipal & local police activities taking place in the center of the area to solve the problem, but to reduce the fear of crime and disorder, crime as an expression of the efforts of the local residence themselves to improve the overall quality of life of the community as a partner recognition local residents. Municipal & local police in this case be introduced across the board in the central and local governments is careful review of the various alternatives been prepared on analysis is crucial to reduce the trial and error by providing the best alternative. priority should be to figure out exactly what the reason to introduce a municipal police. in other words, the introduction of the municipal & local police in the central and local governments, state police and municipal & local police, the ruling party and the opposition, regional self-government initiative unseen conflict between organizations and local governments are not welcomed by local residence in local time truly 'safe' and will have to face that the 'improve quality of life'.

• Journal of Korean Society of Archives and Records Management
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• v.15 no.3
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• pp.169-191
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• 2015

The purpose of this study is to examine the driving forces and main contents of the reform of the records and archives management system in Japan from the 2009 enactment of the Public Records and Archives Management Act. The key essentials of the reform can be explained in two ways. First is through the legal system, a multilayer structure of the law and guidelines to the institutional documents management regulations for an effective application to each administrative institution. The other is the Public Records and Archives Management Commission, a deliberative body that guarantees the rigorous application and enforcement of the rules and regulations. One of the remarkable outcomes from the reform is the compulsory creation of minutes of the countermeasure meetings in government agencies related to the Great East Japan Earthquake Disaster, as well as the various significant cabinet meetings through a revision of the Guidelines for Public Administrative Records Management. In addition, the new construction of the National Archives of Japan and its meaning have been examined. It is being pushed ahead, with the active support of the ruling party members, through activities such as research and review meetings for improving the functions and facilities of the National Archives of Japan.

• Korean journal of communication and information
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• v.81
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• pp.189-224
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• 2017

The case of 'Paik Jong-moon's Taped Conversation,' has presented "an important and serious challenge to the freedom of the press and democracy" in South Korea. Nevertheless, this case has not been reported by the mainstream news media. It has also been forgotten without a proper fact-finding or investigation by regulatory agencies, like The Foundation for Broadcast Culture, The Korea Communications Commission, or The National Assembly. This study aims to examine why the above has happened through in-depth interviews of reporters and TV producers, senior journalists, former and incumbent commissioners of the broadcasting regulatory agencies, and experts of the industry, as well as literature research. Here, I present three answers. First, I found two reasons the mainstream press has ignored this incident. 1) It serves for political interests instead of reporting truth. 2) Public broadcasters' watchdog role has been neutralized. Second, regulatory agencies like The Foundation for Broadcast Culture, The Korea Communications Commission and The National Assembly are ruled by political tribalism. The ruling party's members of the National Assembly and these agencies were reluctant to investigate allegations surrounding Paik Jong-moon, such as illegal dismissals, illegal intervention in programming or production, illegal recruitment and illegal business deals. That's because they considered CEO Paik an ally. Using their majority power, they have rejected the request from opposition-affiliated commissioners or from opposition lawmakers to investigate the allegations. Third, there were no alternative forces within the public broadcasters to unveil the truth. In conclusion, the legal and institutional shake-up of corporate governance is urgently needed for public broadcasters and broadcasting regulatory agencies.

• Korean journal of communication and information
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• v.49
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• pp.57-80
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• 2010

This study examines how national newspapers interpret, evaluate and report the Korean grand canal and rebuilding four major rivers through the news writings. For this research, ChosunIlbo, the Hankyoreh Shinmun and HankukIlbo are selected. A total of 961 news writings are analyzed by using the concept of news frame designed by Gamson(1993). As a result, the findings are as follows: First, the most frequently reported news frame for ChosunIlbo is economic consequence; the Hankyoreh for ecological environment, and HankukIlbo for authoritative political execution by the administrative. Second, the most frequently interviewed group through all of the papers is the administrative and the ruling Grand National Party, the main body of rebuilding the Korean grand canal. On the country, voices of environmental protection groups, non-profit civic organizations and the ordinary people are reported rarely. Third, the ratio of authoritative political execution by the administrative and economic consequence are very high. Finally, in terms of the framing activity by the interviewed groups in the newspapers, ChosunIlb reports 'Outcome' the most frequently, the Hankyoreh does 'Loss-gain' & 'Process' and HankukIlbo 'Process' & 'Substantive'. Thus it concluded that ChosunIlbo does not play a role as a social mediator for the social disputes. However, the Hankyoreh and HankukIlbo try to represent environmental and civic organizations fairly.

• The Journal of the Korea Contents Association
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• v.19 no.12
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• pp.615-622
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• 2019

Recently, reports of cruel group sexual assault in India have been frequently reported. The most prominent group sexual assault incident in India was a medical student, Joti Singh case, that six men raped her and damaged her genitals and organs on a bus and caused her death in 2012. This incident led to the launch and passage of a strong punishment bill including death penalty for sexual assault. But since then, sexual assault is still on the rise. As a result of examining the relations with regional characteristics centering on the areas where sexual assaults occurred, it was found that most of the cases of group sexual assault reported in the media occurred in the mid-north of India, and this was consistent with the region of the Hindu stressed region. If so, it can only be concluded that Hindu fundamentalism, in which female neglect is severe, is the cause. Hindu fundamentalists try to revive the traditional values of women with a strong retroism tendency. In Indian society, women are still at risk of collateral damage. The pursuit of Hindu fundamentalism by the ruling party and political leaders will require much more time to improve the women's social status and human rights.