• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.203-234
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• 2019

The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

• The Korean Journal of Archival Studies
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• no.81
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• pp.5-44
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• 2024

This paper is an experience and observation report on the activities of Jeonju citizens, who are 'kleine leutes'. Text or Born-digital materials such as diaries, group chat rooms, memos, and interviews showing citizens' contemporary and daily history (Alltagsgeschichite) were used for this purpose. These civic groups are reading groups we can find easily and they also enjoy walking, hiking, and movies, and so to speak ordinary local people are their members. One team read Choi Myung-hee's "Honbul" for about a year and a half, while another team read several books under the theme of "commons," and enjoyed exploring, exhibiting, or watching movies together. The main text is composed of three parts. First, I looked at the methods and perspectives to examine the daily life of local people. To this end, the views of Detlev Peukert and Alf Lüdtke, who captured the prospects and the possibilities of theories of daily history, and James C. Scott, who provided insight into infra-politics, were reviewed. This work was to find the perspective and method of daily history research that could observe the activities of Jeonju citizens. Second, we looked at the experience of the "Honbool" meeting. The reading of "Honbool" which took place during the period of confrontation with Covid19 began in connection with its intense locality. As the criticism of "a great writer born in our local land" relieved the uncomfortable feelings, the members' critical mind was revealed after Volume3 of "Honbool" and stood out after Volume6. It seemed to show the characteristics of the self-consciousness (Eigensinn) of citizens who choose dynamics rather than being stuck to a specific form of empathy (Betroffenheit). I think it showed the difficulty and hope to face in the description and research of local history at the same time. Third, I observed citizens who gathered on the subject of public land. This meeting showed the actuality and accumulation process of the infra-political capabilities of citizens in Jeonju. Reading-commons did not suffer from 'heart trouble' as a local citizen compared to "Honbool". Rather, the difficulty of related books was an obstacle, and the difficulty was easily resolved. As the meeting progressed, awareness of the commons became more sophisticated and issues and discussions were independently shared with each other, and a wealth of hidden transcripts were accumulated through its practice and problem consciousness. It is difficult to think about modern daily life apart from the capitalist era. More fundamentally, it is here and now in everyday life that humans enjoy or suffer from. All history passes through my body here and now. This is the universality of daily history. It depends on the ability of citizens to create daily history to experience and at the same time maintain the distance of criticism.