• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.125-147
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• 2011

Considering a trend of logistics and transport industry in these days, it can be said that international express courier service is one of the most familiar transport type to the general public. Especially in Korea, due to development of electronic commercial transaction and the popularity of television home shopping, it can easily anticipated that express courier business will continuously grown in the future. However, the legal basis for international express courier is not properly set up so far. The only clause about this can be found on Korean Aviation Law said as 'commercial documents delivery business'. The origin of the commercial documents delivery business in Aviation Law is to make exception from public postal services which has been exclusive status as monopoly based on the Korean Postal Law. Basically, according to this regulation, all the private postal delivery is prohibited except some sort of commercial documents such as consignment notes, packing list, invoice etc. Thus, those documents could be delivered not only by public postal services but also by private courier company according to the Korean Postal Law. This waiver has probably come from under developing condition of Korean postal circumstances, however it should be revised according to the modernized business practice. Reflecting these revisions, the articles of Korean Postal Law adopted 'international express courier document' as the exception of postal service. Therefore, Korean Aviation Law also needs to be revised as Postal Law in due course. In addition to revision of Korean Aviation Law, some sort of new legislation is required to govern the private legal aspects such as legal liabilities, duties and rights of each parties on international express courier. This should be governed by 'law' not by 'terms and conditions' provided by business operators. Furthermore, to support and develop the current domestic logistics companies as international express courier company, it is required to regulate with the separate express courier law.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.65-92
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• 2011

Die soeben entwickelten Grundgs$\ddot{a}$tze k$\ddot{o}$nnen dazu f$\ddot{u}$hren, dass es bei Fluggesellschaften zum Abschluss mehrerer Tarifvertr$\ddot{a}$ge $\ddot{u}$ber Personalvertretungen durch verschidene Gewerkschften kommt. Dies leitet schlie${\ss}$lich zu der bereits angesprochenen Problematik der Tarifkonkurrenz $\ddot{u}$ber. Tarifkonkurrenz zeichnet sich bekanntlich dadurch aus, dass f$\ddot{u}$r dasselbe Rechtsverh$\ddot{a}$ltnis dieselbe Regelungsmaterie durch mehr als einen Tarifvertrag geregelt wird. Eine solche Tarifkonkurenz kann unabh$\ddot{a}$ngig von der Frage, ob Regelungsgegenstand betriebsverfassungsrechtlicher Normen ein betriebliches Rechtsverh$\ddot{a}$ltnis ist, auch bei dieser Art von Tarifnormen auftreten. Dabei betriebsverfassungsrechtlichen Kollektivnormen gem$\ddot{a}{\ss}$ $\S$3 Abs. 2 TVG die Tarifbindung des Arbeitgebers f$\ddot{u}$r die Anwendungsbarkeit gen$\ddot{u}$gt, wird beim Vorhandensein mehrerer solcher Tarifvertr$\ddot{a}$ge h$\ddot{a}$ufig pauschal von einer in jedem Fall aufzul$\ddot{o}$senden tarifkonkurrenz gesprochen. $\ddot{U}$berschneiden sich die Geltungsbereiche mehrerer Tarifvertr$\ddot{a}$ge $\ddot{u}$ber personalvertretungsrechtliche Fragen der im Luftbetrieb t$\ddot{a}$tigen Besch$\ddot{a}$ftigten und handelt es sich nicht um textidentische Regelungen, f$\ddot{u}$hrt indes kein Weg daran vorbei, dass eine Tarifkonkurenz besteht, die einer Aufl$\ddot{o}$sung bedarf. Die Rechtsprechung hat sich zur speziellen Fragen der Aufl$\ddot{o}$sung einer Konkurrenz betriebsverfassungsrechtlicher Tarifnormen soweit ersichtlich noch nicht ge$\ddot{a}$u${\ss}$ert. Nicht zuletzt aus diesem Grund wird in der Literatur ein buntes Spektrum an L$\ddot{o}$sungen pr$\ddot{a}$sentiert, wobei sich die meisten neueren Stellungnahmen vor allem mit Organisationstarifvertr$\ddot{a}$gen im Sinne von ${\S}$3 BetrVG besch$\ddot{a}$ftigen.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.149-179
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• 2011

Statistics of aviation accident in Korea show that safety level of training flights is high. However, more than 80% of aviation accidents happen owing to human factors. And because most reasons of them are concerned with pilot error, it is very important for student pilots who will transport a lot of passengers to develop the knowledge of safety and abilities of risk management for preventing accidents. In this study, in order to investigate the Human Factors which affect safety in training student pilots for flight, verified the correlationbetween experiences of accident, the differences according to the experience level of training flight and the differences between college student pilots and ordinary student pilots on the basis of human factors that composes the SHELL models. For the study, Using SPSS 17.0, conducted Correlation Analysis, Analysis of Variance(ANOVA) and t-test. To sum up the result of this study, student pilot's ability and equipment in the cockpit are the important factors for safety when pilots are training flight. Also the analysis of the differences between human factors according to the characters of student pilots' groups shows that college student pilots are affected by immanent factors and organizational cultures. So far, there haven't been any accidents which is related with human casualties when training at the ATO(Approved Training Organization). But accidents can occur at any time and anywhere. Especially the human factors which comprises most of aviation accident have a wide reach and are impossible to be eliminated, therefore, it is best to minimize them. Because ATO is the starting point to lead the aviation industry of Korea, we will have to be aware of problems and improve education/training of human factors.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.173-205
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• 2008

Space debris have frequently caused damage to space objects like satellites in orbits and sometimes have fallen on the earth. Such increase in space debris will lead to the high possibility of threatening space activities of mankind. However, it is not so easy for the damage caused both by identified and by unidentified space debris to be recovered since in the regime of the current international law, there is no legislation of prescribing the damage done by space debris. For overcoming the limitation it seems desirable that either the Liability Convention should partly be amended or new international law regime should be established. For instance, 'space debris' should be included in the new definition of 'space object' and the range of launching should also be defined clearly by making the concept of 'launching' somewhat more specified. Moreover, the subject of international liability for damage caused by space debris should be divided into two classes: the subject before and after registration. While in case of before-registration launch states should be held liable for any damage jointly or individually, in case of after-registration 'the state of registry' or 'owner' of the space debris should be. In the event of damage being caused elsewhere than on the surface of the earth to a space object of other State, 'fault-based liability' is currently applied. But it needs to be changed into 'absolutely liability'. In this paper, 'Liability Pool', 'Insurance', 'Market-Share Liability' are presented as aid devices of the damages resulting from unidentified space debris. They should be defined through the amendment of the Liability Convention or another international treaty. Some day there comes a time when our country shall possess many of the astronomical price of satellites. It means that we can't be free from the damage by the increasing number of space debris. Provided that our satellites are damaged by such space debris, it will do the satellites damage and cause impaired functioning or troubles in operation. As a result, if we are not paid for the damage by space debris, we will be confronted with tremendous economic loss because it is necessarily connected with the excess burden of taxation. Thus, an international agreement regarding the measures of the compensation for space debris damage must be made very soon.

• Tuberculosis and Respiratory Diseases
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• v.45 no.4
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• pp.746-753
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• 1998

Background : Cigarette smoking is closely related to both lung cancer and chronic obstructive pulmonary disease. The incidence of lung cancer is higher in patients with obstructive ventilatory impairment than in patients without obstructive ventilatory impairment regardless of smoking. So, obstructive ventilatory impairment is suspected as an independent risk factor of lung cancer. Methods: For the evaluation of the role of obstructive ventilatory impairment as a risk factor of lung cancer, a total of 73 cases comprising 47 cases of malignant and 26 benign solitary pulmonary nodule were analyzed retrospectively. A comparative study of analysis of forced expiratory volume curves and frequencies of obstructive ventilatory impairment were made between cases with malignant and benign nodules. Results: In comparison of vital capacity and parameters derived from forced expiratory volume curve between two groups. VC, FVC and $FEV_1$ were not significantly different. whereas $FEV_1/FVC%$ and FEF 25-75% showed a significant decrease in the cases with malignant nodule. The frequency of obstructive ventilatory impairment determined by pulmonary function test was significantly higher in the cases with malignant nodule(23.4%) than in benign nodule(3.8%). When the risk for lung cancer was examined by the presence or absence of obstructive ventilatory impairment using the logistic regression analysis, the unadjusted relative risk for the lung cancer of obstructive ventilatory impairment was 17.17. When the effect of smoking and age were considered, the relative risk was to 8.13. Conclusion: These findings suggest that an obstructive ventilatory impairment is a risk factor of lung cancer.

• Tuberculosis and Respiratory Diseases
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• v.41 no.6
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• pp.604-615
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• 1994

Background: Analysis of cells in bronchoalveolar lavage(BAL) fluid had been used to predict the histologic changes of the bronchioles and alveoli in patients with interstitial lung diseases(ILD). Definitive diagnosis can be a1so made in some cases of ILD, such as histiocytosis. However, there are a few data of the cellular components in BAL fluid in normal Korean individuals and in patients with ILD. In order to evaluate the role of the cellular analysis of BAL fluid in prediction of alveolitis and differential diagnosis among ILDs, we compared the cellular components in BAL fluid from 50 normal individuals and 86 ILD patients. Method: BAL was performed by instillation and retrievement of normal saline with fiberoptic bronchoscopy. The cell number was counted by Hemocytometer. Differential count was done up to 500 cells on slides prepared by Diff-Quik stain and non-specific esterase stain. We compared the recovery rate(RR), cell numbers(CN), and percentages of each cellular components(CP). Results: The results were as follows: 1) There was no difference in RR, CN and CP between the normal smoker group and normal non-smoker group. 2) Total cell numbers recoverd in BAL fluid increased in collagen vascular diseases(CVD), hypersensitivity pneumonitis(HP), idiopathic pulmonary fibrosis(IPF), and miliary tuberculosis(Mil TBC) groups. 3) The percentage of lymphocytes increased in HP, IPF and Mil TBC groups. Macrophage percentages increased in HP, IPF, and Mil TBC groups. Neutrophil percentages were increased in CVD, HP, IPF and Mil TBC groups. Eosinophil percentages were increased in HP, IPF and Mil TBC groups. The numbers of each cells showed same findings as the percentages did. Conclusion: The analysis of cellular components of BAL fluid can predict the presence of alveolitis in many cases of ILDs. However, It was not helpful in differential diagnosis among ILDs.

• Tuberculosis and Respiratory Diseases
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• v.63 no.2
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• pp.139-144
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• 2007

Background: Bronchial anthracofibrosis, which is defined as bronchial narrowing with black pigmentation of the overlying bronchial mucosa, is frequently associated with tuberculosis. The aim of this study was to examine the relationship between bronchial anthrocofibrosis and to identify the clinical and radiological characteristics of non-tuberculous bronchial anthracofibrosis. Methods: All patients who showed bronchial anthracofibrosis in more than one segment on a bronchoscopic examination from January 2003 to July 2006 at Kangnam St. Mary's hospital were enrolled in this study. The underlying diseases, baseline clinical characteristics, characteristic findings on a computed tomogram (CT) of the chest, pathologic findings of the bronchial mucosa, and the clinical response to steroid therapy were analyzed retrospectively. Results: A total 54 patients (19 males, 35 females) were enrolled with a mean age of 75 years. The most common presenting symptoms were cough, sputum and dyspnea. The predominant X-ray findings were peribronchial soft tissue attenuation with or without calcification, mediastinal lymphadenopathy with or without calcification and atelectasis. Fourteen non-tuberculous anthracofibrosis patients were treated with steroid. Nine patients were improved clinically, and 6 patients were improved radiologically. Conclusion: Bronchial anthracofibrosis is frequently associated with various pulmonary diseases not only tuberculosis but also COPD pneumonia etc.

• Journal of the Korean Society of Food Science and Nutrition
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• v.37 no.3
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• pp.357-361
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• 2008

In this study, the antioxidant properties and physical characteristics of irradiated Sargassum siliquastrum water extract were evaluated. Samples were irradiated with $Co^{60}{\gamma}$-ray at doses ranging from 3 to 20 kGy. They were then analyzed to investigate antioxidant properties, including total phenolic compound content and DPPH (1,1-diphenyl-2-picrylhydrazyl) radical scavenging activity. In addition, physical properties such as viscosity and color were evaluated. The results demonstrated that total phenolic compound content and DPPH radical scavenging activity were significantly improved (p<0.05) by irradiation. In terms of physical properties, viscosity and color were reduced in the irradiated extracts as compared to non-irradiated samples. In conclusion, gamma irradiation improved the antioxidant properties of Sargassum siliquastrum water extract, improving its original weak point as a natural antioxidant when applied in the food industry.

• KDI Journal of Economic Policy
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• v.30 no.2
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• pp.99-128
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• 2008

Nearly all Koreans are insured through National Health Insurance(NHI). While NHI coverage is nearly universal, it is not complete. Coverage is largely limited to minimal level of hospital and physician expenses, and copayments are required in each case. As a result, Korea's public insurance system covers roughly 50% of overall individual health expenditures, and the remaining 50% consists of copayments for basic services, spending on services that are either not covered or poorly covered by the public system. In response to these gaps in the public system, 64% of the Korean population has supplemental private health insurance. Expansion of private health insurance raises negative externality issue. Like public financing schemes in other countries, the Korean system imposes cost-sharing on patients as a strategy for controlling utilization. Because most insurance policies reimburse patients for their out-of-pocket payments, supplemental insurance is likely to negate the impact of the policy, raising both total and public sector health spending. So far, most empirical analysis of supplemental health insurance to date has focused on the US Medigap programme. It is found that those with supplements apparently consume more health care. Two reasons for higher health care consumption by those with supplements suggest themselves. One is the moral hazard effect: by eliminating copayments and deductibles, supplements reduce the marginal price of care and induce additional consumption. The other explanation is that supplements are purchased by those who anticipate high health expenditures - adverse effect. The main issue addressed has been the separation of the moral hazard effect from the adverse selection one. The general conclusion is that the evidence on adverse selection based on observable variables is mixed. This article investigates the extent to which private supplementary insurance affect use of health care services by public health insurance enrollees, using Korean administrative data and private supplements related data collected through all relevant private insurance companies. I applied a multivariate two-part model to analyze the effects of various types of supplements on the likelihood and level of public health insurance spending and estimated marginal effects of supplements. Separate models were estimated for inpatients and outpatients in public insurance spending. The first part of the model estimated the likelihood of positive spending using probit regression, and the second part estimated the log of spending for those with positive spending. Use of a detailed information of individuals' public health insurance from administration data and of private insurance status from insurance companies made it possible to control for health status, the types of supplemental insurance owned by theses individuals, and other factors that explain spending variations across supplemental insurance categories in isolating the effects of supplemental insurance. Data from 2004 to 2006 were used, and this study found that private insurance increased the probability of a physician visit by less than 1 percent and a hospital admission by about 1 percent. However, supplemental insurance was not found to be associated with a bigger health care service utilization. Two-part models of health care utilization and expenditures showed that those without supplemental insurance had higher inpatient and outpatient expenditures than those with supplements, even after controlling for observable differences.

• KDI Journal of Economic Policy
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• v.14 no.2
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• pp.29-54
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• 1992

Recent studies on the economic effects of trade liberalization and economic integration have emphasized the significant gains associated with product differentiation and scale economies. Securing access to markets in other countries will make it possible to increase product variety and capture scale economies, thus, expanding the gains from trade. Liberalization is also expected to introduce foreign competition into the previously closed market. Concurrently, the liberalization will improve the competitive market environment for firms selling in the domestic market. Firms will be pressed to either exit or reduce cost. The output per firm, then, will increase due to the exit of rival firms, and the average total cost will decline due to the economies of scale. 'Rationalization' of the production process will eventually follow. This paper addresses the economic effects of (counterfactual) bilateral tariff elimination between Korea and Japan. It computationally assesses the gains from liberalization as well as the resource allocations and welfare effects associated with the tariff reduction. The endogenous determination of the key parameters distinguishes this paper from others. The firm's perceived elasticity of demand and elasticity of substitution in the present model are calibrated to be consistent with the base year data. Korea, Japan, and the rest of the world are modeled explicitly. The sectoral coverage of the model includes twenty-three tradable product categories based on three-digit SITC industries and seven nontradable categories based on one-digit SITC industries. Product categories are also classified into perfectly competitive and imperfectly competitive ones. In the imperfectly competitive industries, product differentiation exists at the firm level, while the perfectly competitive industries are characterized by national product differentiation. The simulation results of bilateral tariff reduction are reported. Tariff elimination tends to increase intra-industry trade flows so that the total amount of exports and imports of both countries expand. Yet, Japan is expected to increase the bilateral trade surplus in the wake of the mutual tariff reduction. Terms-of-trade for Korea will not change, while for Japan it will deteriorate. Equivalent variations reflecting the change in consumer surplus (welfare) will favor Korean consumers. Total output, however, will not change substantially, recording 0.5 and 0.6% for Japan and Korea, respectively. An interesting finding in the analysis is that the gains from increased competition and scale efficiency are not as prevailing as expected in theory.