• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.3-31
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• 2017

On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

• Korean Journal of Labor Studies
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• v.24 no.1
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• pp.107-156
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• 2018

This article examines the history of the in - house subcontracting and the stabilization of labor - management relations in the steel industry in Japan. The ratio of in-house subcontract workers among steel workers has increased steadily until the mid-2000s, and about 70% in case of the largest company. In-house subcontracting was used as a strategy of the company to increase the quantity flexibility of employment and to save labor costs. The in-house subcontracting company needed company-specialized skills, and the internal labor market was formed because the rate of full-time workers was high and the turnover rate was low. The in-house subcontractor introduced long-term business relationship with the steel factory by introducing the equipment and materials necessary for the performance of the work, and the factory implemented the productivity improvement policy of the in-house subcontractor, and the win-win relationship between the factory and in-house subcontractor was developed. The trade union did not oppose the idea that the expansion of in-house subcontracting contributed to corporate profits, the stability of employment of the members and maintenance of their working conditions. Since 2000, the steel factory has pursued the transformation of in - house subcontractors into subsidiaries, which has been supported by capital relations. By the way, since the mid-2000s, there has been an increase in the number of regular workers' employment. The major factors are as follows: more strengthened compliance with laws and regulations, the higher quality request of customers, stricter keeping of deadlines, and problem in recruiting of workers at in-house subcontract companies. The wage gap between the factory and in - house subcontracting was less at company B than at company S, and the wage level of in - house subcontracting was about 90% of the factory at company B. The relatively small gap at company B seems to be due to the union's movement of narrowing the gap, low market dominance and unfavorable labor market. The internal labor market has been formed in the in-house subcontracting, and the wage gap is not large, and the possibility of labor disputes is low. Industrial relations are stable in the in-house subcontract company as well as the factory. The stabilization of labor-management relations in the steel industry in Korea is required to reduce the wage gap between the factory and in-house subcontract enterprises by raising productivity and expanding the internal labor market at in-house subcontract enterprises.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.197-224
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• 2020

This paper reviews and criticizes some issues as to the case of A and Others v. Finnair Oyj [2020] Case C-832/18 by examining EU Regulations and practical point of views. Under this case, the travellers brought an action against Finnair in light of the Air Passenger Regulation12, seeking compensation for both the first cancelled flight, and the delayed re-routed flight. Finnair had paid the first compensation, but refused to grant the second claim, arguing that the regulation did not set out that passengers were eligible for a second claim in those situations, and that the delay of the second flight was a consequence of 'extraordinary circumstances' under the regulation. The Court of Appeal in Helsinki has asked the CJEU whether an air passenger is entitled to a further compensation where a re-routed flight they have agreed to take is delayed, where both the original and rerouted flight are operated by the same air carrier. The CJEU held that the regulation does not in any way limit the rights of passengers where they find their flights being re-routed. As such, under earlier CJEU case law, the relevant travellers here were entitled to compensation for cancellation of the first flight and delay of the second flight. It also disagreed with Finnair's assessment that the technical failure in the re-routing flight was a matter of extraordinary circumstances.

• Journal of Navigation and Port Research
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• v.40 no.6
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• pp.413-420
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• 2016

Seaports are economically significant infrastructures in terms of dealing with more than 90% of the cargo volume in Korea's international trade. Furthermore, investment costs for constructing ports and the impacts of port industry on national competitiveness lead to the necessity for sustainable port operation. However, the earlier studies dealing with competitiveness and sustainability of the port sector focused on its logistical functions related to port size, operational efficiency, etc. Port competitiveness that considers local community and ecological values as well as the expectations and demands of port users is becoming an important issue in order for ports to cope with volatile external environments while maintaining competitiveness. Therefore, it is necessary to identify port performance indicators and measure their performance in terms of the environmental and social perspectives, as well as the economic perspectives, in order to sustain port development and operations. This paper presents findings from case analyses of SuPorts and PPRISM projects that assist European Union (EU) ports to secure sustainable competitiveness while respecting economic, environmental and social interests between ports and local communities. These projects create port performance indicators with balanced views including not only economic value but also environmental and social values. They measure port performance so port operators can implement these sustainable port practices. This study aims to find the critical factors for sustainable port practices by conducting case analyses of SuPorts and PPRISM projects.

• International Commerce and Information Review
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• v.19 no.2
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• pp.3-24
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• 2017

The level of ICT in the country affects economic performance as a basic infrastructure that has a significant impact on the competitiveness of the country. With the proliferation of globalization, ICT-related economic activities such as electronic trade are becoming more active, and the importance of ICT in the country is increasing. This study sought to analyze the impact of ICT level on the economic performance of the nation by subdividing it into three dimensions: accessibility, usage, and utilization skill. In particular, we sought to find ways to effectively resolve the digital divide between developed and developing countries by analyzing the difference in economic impact of ICT level. Furthermore, we tried to verify whether the government regulation and firm's nature of competitive advantage in the international markets play a moderating role in the economic impacts of ICT in the country. As a result of panel analysis with data collected from ITU, WEF and World bank national ICT level has consistently significant influence on economic growth in terms of access and usage. In addition, it was confirmed that the competitive advantage of companies in developed countries and the government regulation in developing countries have a significant moderating effect on the relationship between ICT level and economic growth.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.39-63
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• 2020

This paper reviews the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with COVID-19 of EU commission. To enlighten the obscurity and to mitigate the economic impacts of the COVID-19, European Commission has published "Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19" on March 18, 2020. The Guideline essentially aims to create a coherent system of rules to assist the passengers, industry and national authorities overall under the unprecedented circumstances across the European Union. To do so, the Guideline is drafted to cover the rights of passengers travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations for carriers. From an aviation industry focused perspective, by referencing the Regulation (EC) numbered 261/2004, the Guideline specifically applies to cancellation and delay in flights which are seen as the dark spots for the air carriers concerning potential burdens.

• Journal of Science of Art and Design
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• v.13 no.1
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• pp.61-86
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• 2008

Buddhism and Buddhist art originated in India, but when they were introduced to different countries, they created an international environment. Buddhism was introduced as cultural package, with written texts, visual images, rituals, and the organization of monasteries. Buddhist art originated in India during the reign of King Asoka and then was developed under the political, intellectual, artistic, religious, social and natural environments of the regions. The stupa and the chaitya halls create monastic environment. The natural environment of the trade routes and caravans in the Central Asian deserts preserved brilliant-colored murals and helped spread tram India to China. When Buddhism and Buddhist art were introduced to China, Korea, and Japan, Buddhism became a part of government institution and social organization. Gigantic statues were carved in caves in mountains for political purposes. The Chinese transformed the stupa into a square pillar and created pagodas with tiled roofs in tower forms. Koreans not only transmitted the Buddhist art from China to Japan, but it also changed it with originality in the iconography of the pensive bodhisattva images and in the architecture of Seoggulam. The official ideology of Neo Confucian philosophy brought the rise of Chan Buddhism. Zen monasteries in Japan created unique environments by establishing the Zen Buddhist garden. to prompt believers to meditate. An important development in Buddhist art is the Esoteric Buddhist art in China and Tibet. This category belongs to the intellectual, religious as well as artistic environments. The Tibetan deities with consorts in their embrace symbolize the union of the god and the devotees. Buddhist art created a unique environment that was spread out to many nations and changed greatly over time.

• Korean Journal of Food Science and Technology
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• v.34 no.4
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• pp.694-699
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• 2002

The purpose of this study is to observe the effect of bovine colostral whey fractions on proliferation of Th1 cells and to verify the effect of whey fractions that are directly related to growth of Th1 cells on macrophages activation. Whey was fractionated into 3 fractions depending on by ultrafiltration (fraction (Fr.) I; molecular weight (Mw.) 10 kDa and more, Fr. II; Mw. $1\;kDa{\sim}10\;kDa$, Fr. III; Mw. less than 1 kDa) and examined by SDS-polyacrylamide gel electrophoresis. Fr. II stimulated and proliferated Th1 cells most at 1 mg/mL concentration and the percentage of cell proliferation was 67.1%. The secretive induction of tumor necrosis $factor-{\alpha}$ $(TNF-{\alpha})$ by whey, Fr. II, protein fraction (Fr. P) and oligosaccharide fraction (Fr. O) after fractionating Fr. II into Fr. P and Fr. O on the basis of Th1 cells growth was that Fr. O had more 80% secretive induction of $TNF-{\alpha}$ than that of $1\;{\mu}g/mL$ lipopolysaccharide that was positive control. So confirmed that Fr. O induced $TNF-{\alpha}$ secretion by activating macrophages.

• Journal of Legislation Research
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• no.44
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• pp.655-688
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• 2013

Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.

• Korean Journal of Labor Studies
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• v.24 no.2
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• pp.247-291
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• 2018

This study investigates the employment structure and the social safety net experience of the subcontracting cleaning workers in Korea, who have been main targets of the labor outsourcing despite the necessity and permanence of their labour. This study specifically focuses on the fact that these subcontracting cleaning workers are mostly female and in their old age, and analyzes how the combination of their age, gender, and employment structure leads to the (mis)match with the Korean social security system. Case study with in-dept interview method has been conducted to the old-aged female subcontracting cleaning workers in Korea. The result of this study is as follows. It was the income insecurity that led them to (re)enter the labour market, and the cleaning work was the almost the only wage work they could do considering their age and gender. Cleaning workers are mostly employed in the subcontracting company, and thus their labour contracts depend on the business contract period between the original and subcontracting company. Consequently, their employment relationship is mostly insecure unless they are guaranteed employment succession through the collective agreement of trade union. Moreover, it has been discovered that the employment insecurity due to the indirect employment relationship led to the poor labour conditions, low wage, and the exclusion from the social safety net.