• Korean Journal of Comparative Education
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• v.26 no.3
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• pp.103-132
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• 2016

This study aims to suggest ways of improving the quality of confirmation hearings for the Secretary of Education in South Korea by: 1) comparing the confirmation process by the presidents in South Korea and the United States; and 2) contrasting procedures and contents of hearings for Education Secretary nominee in South Korea and the United States. As the process of selecting a nominee to be the Secretary of Education started, the Blue House Office of Secretary conducted an investigation on the nominee's personal details, family matters, and etc within a week. The investigation, with very limited time frame, led the selection process to be a mere verification on the nominee's morality. On the other hand, the White House Office of Presidential Personnel carried out a thorough investigation on the nominee collectively with the White House Council, Federal Bureau of Investigation (FBI), and Internal Revenue Service, taking from two to three months. In terms of contents of the hearings, the members of the ruling party mainly asked the nominee for clarification, and his ideas on certain policies, whereas the opposition party focused mostly on verifying his morality. In addition, the committee members led the hearing whilst strongly expressing their own political ideologies. However, in the case of the hearings in the United States, the committee members did not ask any questions to verify the nominee's morality but questions that could help them to get an understanding of the nominee's experience, professionalism, and perspective on nation- wide issues regarding education and federal education policy. As for the procedural characteristics of South Korean hearings, the Committee on Education conducted the hearing with a week of advanced preparation. However, submission of required reports by the nominee, performing confirmation hearings, and reports on the hearing were not mandatory in order to appoint the nominee as the Secretary of Education. On the contrary, in the United States, the members of the Committee on Health, Education, Labor, and Pension spent about a month preparing for the confirmation hearing. For the nominee to be appointed, submission of reports and the committee's approval on the President's nomination were required. Based on the results, this research suggests that it is important to develop a policy that can strengthen the substantiality of the nomination process, to establish a professional agency for personnel investigation, to make a mandatory submission of personal reports before hearings, to extend the time frame for hearing preparation, to secure enough time slot for nominees to respond, and to increase the member's autonomy.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.147-162
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• 1989

The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

• Land and Housing Review
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• v.12 no.3
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• pp.51-65
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• 2021

There were strong criticisms against the joint development method: the redevelopment corporation and developers would achieve the whole development profit. The existing tenants who lost their housing in the site argued their right to reside in the site after the development was completed. There was also strong political pressure that the Roh Tae-woo governing administration should resolve the social inequality caused by the situation. In such circumstances, it was introduced that a certain proportion of public rental housing should be built in the redevelopment site; then the government took over the dwellings at a price of construction and allocated them to the existing tenants. The aims of this paper are to understand the rationale behind the inclusion of the public rental housing in the redevelopment sites; and to investigate to what extent the legislation was implemented appropriately. Although the legislation was introduced in Seoul from August 1989, it was not until May 2005 when it was implemented nationwide. At the beginning, there was an ambiguous rule that the number of public housing to be included should be limited to the number of households who would want to remain in the redeveloped site. In 2005 the Seoul metropolitan authority introduced a mandatory proportion; 17% of the total housing delivered in the site should be public rental homes. Since then the proportion. The proportion has been fluctuated by the political agenda of each ruling party: the conservative tended to reduce the proportion, whilst the opposition parties increased the proportion. Currently the proportion is 20% of the total stock to be built. Initially the size of the public housing was exceptionally small- less than 40 m² but it has increased up to 60 m² since 2010. The rental price was reasonably lower than market rent. The competition toward redevelopment rental housing that are vacant due to move or death of tenants was very high; it was given to one household out of nine eligible households in 2020.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.267-290
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• 2018

This paper reviews and criticizes the EU Case of C-452/13, Germanwings GmbH v. Ronny Henning. Under this case, Ronny Henning later sued Lufthansa's budget carrier Germanwings after it refused to pay him 250 euros compensation for a delay he said totalled more than three hours. Germanwings, however, maintained his flight had arrived only two hours and 58 minutes behind schedule. In those circumstances, the following question to the European Court of Justice (ECJ) for a preliminary ruling: What time is relevant for the term time of arrival used in Articles 2, 5 and 7 of Regulation [No 261/2004]: (a) the time that the aircraft lands on the runway (touchdown); (b) the time that the aircraft reaches its parking position and the parking brakes are engaged or the chocks have been applied (in-block time); (c) the time that the aircraft door is opened; (d) a time defined by the parties in the context of party autonomy? ECJ says that the situation of passengers on a flight does not change substantially when their aircraft touches down on the runway at the destination airport, when that aircraft reaches its parking position and the parking brakes are engaged or when the chocks are applied, as the passengers continue to be subject, in the enclosed space in which they are sitting, to various constraints. Therefore, it is only when the passengers are permitted to leave the aircraft and the order is given to that effect to open the doors of the aircraft that the passengers may in principle resume their normal activities without being subject to those constraints. ECJ rules that it is apparent that Articles 2, 5 and 7 of Regulation No 261/2004 must be interpreted as meaning that the concept of 'arrival time', which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

• Cross-Cultural Studies
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• v.43
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• pp.289-326
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• 2016

The strategy of "soft power" in the foreign and internal policies of modern Russia is one of the important factors in the implementation of public policies, and the influence of soft power is increasingly becoming stronger and gaining new forms and methods of implementation. The Russian government exerts efforts to form a positive image of Russia in the international arena, in order to strengthen the country's competitiveness, based on active use of "soft power." Currently, Russian cultural policy is developing in two main directions. In the internal policy sphere, the Russian government emphasizes national unity and civic solidarity, and fosters a sense of patriotism and national pride. In the sphere of foreign policy, the Russian government is attempting to regain its status as a great power and to create a new image of Russia that is different from that of the former Soviet Russia. In this article, we examine and analyze various aspects of the hidden political mechanisms involved in mega-sporting events, in particular the Sochi Olympics, from the viewpoint of Russian internal and foreign policy. We address the major functions of mega-sporting events and their influence in the political realm. The political impact of mega-sports projects can even compensate for economic losses incurred during the preparation and hosting of the Olympic games. In this respect, we can define mega-sporting events as one of the main components of soft power; such events reflect the basic directions of internal and foreign policy in post-Soviet Russia, which are to form and promote an image of Russia using national branding. In order to fairly and objectively analyze the recognition and perception held by Russians of the significance of mega-sporting events, in this work, we carefully studied the results of various surveys conducted by the Russian research organization VCIOM (Russian Public Opinion Research Center) before and after Russia hosted the Winter Olympic games in Sochi (2014) and the Summer Olympic games in Kazan (2013). Furthermore, on the basis of the ranking of national brands by Simon Anholt (Anholt Nation Brands Index - NBI), and on the basis of the ranking of 100 national brands conducted by the British consulting company "Brand Finance" (Brand Finance Nation Brands 100), we minutely trace the development and qualitative change in Russia's image and the role of the mega-sporting projects. This article also examines the Kremlin's internal and foreign policies that were successfully carried out in practical terms. This study contributes to the understanding of the value of mega-sporting events from the point of view of cultural policy of the current ruling party of Russia. This standpoint allows us to outline the main directions of Russian cultural policy and to suggest perspectives on the branding strategy of modern Russia, including strategies related to consolidating Russia's position in the international arena.

• The Southeast Asian review
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• v.28 no.3
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• pp.213-261
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• 2018

On May 9, 2018, regime change took place in Malaysia. It was the first regime change that took place in 61 years after independence in 1957. The regime change was an unexpected result not only in Malaysian experts but also in political circles. Moreover, the outcome of the election was more shocking because the opposition party was divided in this general election. The regime change in Malaysia was enough to attract worldwide attention because it meant the collapse of the oldest regime in the modern political system that exists, except North Korea and China. How could this have happened? In particular, how could the regime change, which had not been accomplished despite opposition parties' cooperation for almost 20 years, could be achieved with the divided opposition forces? What political implications does the 2018 general election result have for political change and democratization in Malaysia? How will the Malaysian politics be developed in the aftermath of the regime change? It is worth noting that during the process of finding answers, a series of general elections since the start of reformasi in 1998 tended to be likened to a series of "tsunami" in the Malaysian electoral history. This phenomenon of tsunami means that, even though very few predicted the possibility of regime change among academia, civil society and political circles, the regime change was not sudden. In other words, the regime in 2018 was the result of the desire and expectation of political change through a series of elections of Malaysian voters last 20 years. In this context, this study, in analyzing the results of the election in 2018, shows that the activation of electoral politics triggered by the reform movement in 1998, along with the specific situational factors in 2018, could lead to collapse of the ruling government for the first time since independence.