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The Characteristics of Korean Family Law - A Comparison with EU-Countries in Regard to Regime Classification - (한국 가족법의 특수성 - EU 국가와의 비교를 통한 유형 구분 -)

  • Chung, Yun Tag
    • Korean Journal of Social Welfare Studies
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    • v.41 no.4
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    • pp.161-187
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    • 2010
  • This study begins with two research interests. Firstly, there seems to be a break of research in the field of family policy in Korea which exists especially in regard to family law. Family law was originally the core of state interventions in family life, but has been neglected because of the lack of literature with comparative research methods. This shortcoming needs to be addressed. Secondly, through inquiry into the definition of family or family policy with the lens of the law, the definition of family or family policy can be correctly extended. With these two interests combined, this research tries to derive an analytical tool - maintenance community - of the law and compare some important points of the family law of Korea with those of 16 EU-countries in terms of regime classification. The method used is, firstly, to describe the subjects of family law with a focus on partnering and parenting without subjective interpretation, and secondly, to classify the countries' family-law regimes with the criteria of privacy and autonomy using cluster analysis. The results show that the countries can be classified into three clusters: Nordic (Norway and Sweden), West-Northern (Denmark, France, England, Finland, and Belgium) and Middle South (Italy, Spain, Austria, Portugal, Netherlands, Greece, Ireland, Germany, and Korea). This result can be compared to a precedent research result which showed that 21 OECD countries can be classified in three clusters according to family policy. The number of the clusters is the same as this study, but some countries belong to other clusters; for example Denmark and Finland belong to the Nordic cluster according to family policy, while they belong to the West-Northern according to family law, and Austria, Germany, and Ireland belong to the Middle-South cluster according to family law, while they belong to the Continental according to family policy. From this result we can interpret Korean family law to be in the middle range according to both criteria of privacy and autonomy like other South-European countries including some Continental countries. We can make some theoretical suggestions. The fact that both family law and family policy regimes in countries can be classified into three clusters can be interpreted to mean that there exists parallelism between family law and family policy in a broad sense. But from the fact that some countries belong to different clusters according to family law and family policy, we can say that the family policy in a country is not always consistent with family law.

Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea Focus on the Example of Every Countries' Legislation (한국(韓國)에 있어서 항공안전인(航空運送人)의 민사책임(民事責任)에 관한 국내입법(國內立法)의 제문제(諸問題) ${\sim}$각국(各國)의 입법례(立法例)를 중심(中心)으로 하여${\sim}$)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.9-53
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    • 2004
  • This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).

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Change Acceptable In-Depth Searching in LOD Cloud for Efficient Knowledge Expansion (효과적인 지식확장을 위한 LOD 클라우드에서의 변화수용적 심층검색)

  • Kim, Kwangmin;Sohn, Yonglak
    • Journal of Intelligence and Information Systems
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    • v.24 no.2
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    • pp.171-193
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    • 2018
  • LOD(Linked Open Data) cloud is a practical implementation of semantic web. We suggested a new method that provides identity links conveniently in LOD cloud. It also allows changes in LOD to be reflected to searching results without any omissions. LOD provides detail descriptions of entities to public in RDF triple form. RDF triple is composed of subject, predicates, and objects and presents detail description for an entity. Links in LOD cloud, named identity links, are realized by asserting entities of different RDF triples to be identical. Currently, the identity link is provided with creating a link triple explicitly in which associates its subject and object with source and target entities. Link triples are appended to LOD. With identity links, a knowledge achieves from an LOD can be expanded with different knowledge from different LODs. The goal of LOD cloud is providing opportunity of knowledge expansion to users. Appending link triples to LOD, however, has serious difficulties in discovering identity links between entities one by one notwithstanding the enormous scale of LOD. Newly added entities cannot be reflected to searching results until identity links heading for them are serialized and published to LOD cloud. Instead of creating enormous identity links, we propose LOD to prepare its own link policy. The link policy specifies a set of target LODs to link and constraints necessary to discover identity links to entities on target LODs. On searching, it becomes possible to access newly added entities and reflect them to searching results without any omissions by referencing the link policies. Link policy specifies a set of predicate pairs for discovering identity between associated entities in source and target LODs. For the link policy specification, we have suggested a set of vocabularies that conform to RDFS and OWL. Identity between entities is evaluated in accordance with a similarity of the source and the target entities' objects which have been associated with the predicates' pair in the link policy. We implemented a system "Change Acceptable In-Depth Searching System(CAIDS)". With CAIDS, user's searching request starts from depth_0 LOD, i.e. surface searching. Referencing the link policies of LODs, CAIDS proceeds in-depth searching, next LODs of next depths. To supplement identity links derived from the link policies, CAIDS uses explicit link triples as well. Following the identity links, CAIDS's in-depth searching progresses. Content of an entity obtained from depth_0 LOD expands with the contents of entities of other LODs which have been discovered to be identical to depth_0 LOD entity. Expanding content of depth_0 LOD entity without user's cognition of such other LODs is the implementation of knowledge expansion. It is the goal of LOD cloud. The more identity links in LOD cloud, the wider content expansions in LOD cloud. We have suggested a new way to create identity links abundantly and supply them to LOD cloud. Experiments on CAIDS performed against DBpedia LODs of Korea, France, Italy, Spain, and Portugal. They present that CAIDS provides appropriate expansion ratio and inclusion ratio as long as degree of similarity between source and target objects is 0.8 ~ 0.9. Expansion ratio, for each depth, depicts the ratio of the entities discovered at the depth to the entities of depth_0 LOD. For each depth, inclusion ratio illustrates the ratio of the entities discovered only with explicit links to the entities discovered only with link policies. In cases of similarity degrees with under 0.8, expansion becomes excessive and thus contents become distorted. Similarity degree of 0.8 ~ 0.9 provides appropriate amount of RDF triples searched as well. Experiments have evaluated confidence degree of contents which have been expanded in accordance with in-depth searching. Confidence degree of content is directly coupled with identity ratio of an entity, which means the degree of identity to the entity of depth_0 LOD. Identity ratio of an entity is obtained by multiplying source LOD's confidence and source entity's identity ratio. By tracing the identity links in advance, LOD's confidence is evaluated in accordance with the amount of identity links incoming to the entities in the LOD. While evaluating the identity ratio, concept of identity agreement, which means that multiple identity links head to a common entity, has been considered. With the identity agreement concept, experimental results present that identity ratio decreases as depth deepens, but rebounds as the depth deepens more. For each entity, as the number of identity links increases, identity ratio rebounds early and reaches at 1 finally. We found out that more than 8 identity links for each entity would lead users to give their confidence to the contents expanded. Link policy based in-depth searching method, we proposed, is expected to contribute to abundant identity links provisions to LOD cloud.