• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.259-294
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• 2013

After its experiment involving the exploding of a satellite in space in 2007, China proudly aired news on TV and ran articles in newspapers. However, the event was internationally criticized and drew widespread attention. Many countries denounced the explosion by pointing out that it could be part of the nation's plan to expand its military power to space or that it could pose a danger to the peaceful use of space. However, there is no talk of whether the experiment that produced a huge amount of space debris could have violated an international law, namely the Outer Space Treaty. Although space garbage has been said to be a serious problem, the amount is still on the increase. If we continue to launch new space launch vehicles into orbit at this rate, we will not be able to use it anytime soon like we do today. As the commercial use of space is likely to increase, the situation will certainly get worse. The international community is fully aware of the seriousness of the problem and working together to reduce the amount of space garbage. However, despite the fact that the United States and Soviet Union's ASAT(Anti-Satellite) programs have been implemented for a long time, there have been no complaints about them in terms of military expansion or breach of the Outer Space Treaty. Also, the recent Chinese test is largely viewed to be in accordance with international law. A lot of research has been undertaken with regard to the problem of space garbage. Now people's awareness of dangers being posed has been fully raised. Under the circumstances, the dismissing of China's satellite smashing, leaving a big mess in its wake, as nothing more than an experiment, is a red flag to, if not many, at least some people. By means of this thesis, I would like to review whether the Chinese test has violated an international space law. This thesis presents an overview of the issues surrounding the event and examines the possibility of violating the Outer Space Treaty, formally the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. After the China test, the UN Scientific and Technical Subcommittee first adopted space debris mitigation guidelines, I'll introduce the content of the guidelines and discuss the characteristics of the guidelines and what can be done to address the issue.

• Management & Information Systems Review
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• v.30 no.4
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• pp.253-292
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• 2011

This study is significant of groping for the autonomous perspective of a medication system for the establishment of harmonious regional labor-management relationship and investigating a plan to minimize previously labor disputes through both analyzing mediation cases and finding out any core issue from the labor-management relationship, with matters experienced in the mediation field when I had served as a mediator. Specially, this study has also objectives to prevent previously any labor dispute through analyzing and minimizing the issue of the labor dispute by case and to establish harmonious labor-management relationship thereby. Further since it is necessary to understand the organization and roles of the regional labor relations commission in order to understand the concrete matters in respect of the labor dispute mediation, this study shall be to explore in detail the matters relating hereto and to acquire general knowledge of mediation through case analysis. Additionally, there is little studies exploring alternative research for the establishment of reasonable labor-management relationship with core issues referred a mediation to the labor relations commission through both the position heightening of the labor relations commission and the analysis of core issues until now. Thus, this study may provide a theoretical base for raising a technique to enhance negotiation skill through acquiring the previous training or full knowledge on the approaching manner to be taken by the labor and management in the collective bargaining or wage bargaining on the basis of items analyzed by core issue. The heightening perspectives to be acquired through the analysis of 50 or more mediation cases are as follows. First, it deems to be important what position each mediation party takes. Second, the information acquired by an investigator in the preliminary investigation before holding the mediation is very importantly utilized in the mediation. Third, the gumption of mediators in charge of the mediation is very helpful for the resolution of a case. Fourth, it shall be preceding to understand dispute issues. After reviewing fully the investigation report of an investigator, if separate review is required, it is tried to hold a separate meeting and then reduce the number of issues asserted by the labor & management and, if the number of such issues is reduced, the mediation may approach to be concluded. Fifth, it shall be kept in mind that any matter other than the scope of the law be based on not the judgement of mediator but the legal interpretation. Sixth, it is necessary for both labor and management parties to take a positive approach so as to make the healthy labor & management relationship anchored. Seventh, notwithstanding the mediators are part-time and take a service attitude, it shall be encouraged to abstain from slandering or inveighing against the mediators because the mediation is taken against oneself. Eighth, it is necessary to convert the management's recognition about a labor union. Ninth, it is necessary to not raise any issue on the matters, such as time-off system and multiple labor union, etc., which are legally enforced. Tenth, it is confirmed that the regional labor relations commission plays a bridge role of narrowing down the issue difference between the labor and management.

• Journal of Legislation Research
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• no.53
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• pp.553-591
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• 2017

This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

• Journal of Legislation Research
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• no.41
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• pp.401-434
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• 2011

The discussion on the adoption of the horizontal regulatory framework is underway to overcome the problems regarding the vertical regulatory framework resulting from a convergence of broadcasting and telecommunications services. Recently, however, the horizontal regulatory framework shows its limitation to regulate the ecosystem established mainly by Google and Apple. The existing horizontal regulatory framework does not fully reflect the characteristics of the two-sided market and the change in the competition structure in the broadcasting and telecommunications sector. What is important to note is that if the existing horizontal regulatory framework is simply applied to the ecosystem, a regulatory imbalance can be caused among ecosystems. The existing horizontal regulatory framework, which is subject to a value chain structure, categorizes business entities into either contents layer or transmission layer and applies the same regulation to all business entities in the same category. However, in the ecosystem, a keystone-player can be categorized into different layers depending on its strategy. Therefore, if the existing horizontal regulatory framework is applied as it is, the regulatory imbalance between keystone-players located in less regulated areas and keystone-players located in more regulated areas occurs resulting in a distortion of competition. There are two possible ways to establish a new regulatory framework to prevent the distortion of competition likely to be caused by the adoption of a horizontal regulatory system. First, a new ecosystem regulatory framework different from the existing one can be established. Second, the horizontal regulatory framework can be modified to reflect the ecosystem elements. The first approach is hard to adopt given the current situation as the approach requires the analysis of all broadcasting and telecommunications ecosystems including mobile and wired services; currently research and study on the competition conditions in the ecosystems is not enough. Therefore, this paper supports the second approach proposing a modified horizontal regulatory framework through the improvement of institutions and remedies suitable for accommodating the ecosystem elements. This paper intends to propose a way to regulate broadcasting and telecommunications ecosystems taking into consideration the ecosystem elements on top of the Telecommunications Business Act, Broadcasting Act, IPTV Act, the competition condition evaluation system of the Basic Act on Broadcasting and Telecommunications Development, and regulation on common carriers under the Telecommunications Business Act.

• Journal of Legislation Research
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• no.44
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• pp.611-653
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• 2013

An whistle-blowing is recognition of acts of misconduct or corruption by individuals(laborers) or party which belongs to a certain organization and it refers to the act of informing to the senior organization or to the outside public agency to avoid jeopardies that could be potentially lead against benefit of the public. These whistle-blowings can be a Ansatz that improve corporation's transparency and accountability by prevention of enterprise's misconduct as well, it has been recognized as an important role for the establishment of corporate ethics, moreover, social justice. What to be treated primarily as labor law problem is arousing some controversies of the possibility that the public announcement could be whether a disciplinary punishment or not because it brings some mischievous effects for the honor and the reputation to the company which conducted the illegal actions and the action of the contrary to the social value. And futhermore, recently, the matter of compensational responsibility according to the arrangement conversion, bullying followed by the informant has been brought up. The fundamental standpoint of precedent related with the judgement of justification for the punishment as reason of the whistle-blowing ought to do the sincere duty for the labor contract which is the employees are supposed to consider the employer's profits. For that reason, if the emploee release the inside fact to the public and give any damages to employer's secret or confidence or honor, it will be a causing reasong of the disciplinary punishment, but in specific cases, the relevant and level of punishment limitation can be judged by the contents of public announcement and the truth, the purpose of the acts and details and the way of announcement. Precisely, on the assumption that there are necessity of the characteristic profit or the freedom of expression for the informant, with overall consideration whether or the basis part of the informant is true or there is a fair reason which make the informant believe is true or the purpose of informant has the public profit or the contents of the whistle-blowing are important for relevant organization or the means and the way was suitable, if the whistle-blowing are approved to be resonable, the organization are not permitted the reprimand or dismiss Futhermore, to find the solution for the issues of the disciplinary punishment and the treatment of all sorts of disadvantages, for the reason of whistle-blowing, since the protection law for public declarer which was enacted in last 2011 have the position as the general law, the purport of the equal law has to be considered sytematically and also the judicial precedent which is related to the justification of whistle-blowing are needed to be considered as well.

• The Korean Journal of Archival Studies
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• no.19
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• pp.3-55
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• 2009

Records of architectural cultural properties, in case of accidents, show who are to blame, present what evidences are to establish the cause, and also are used for checking if there were any problem in policies and regulations in preserving and caring architectural cultural properties. These records are of great importance in their roles and are of essential use regardless of time and space. Considering its significance, In that architectural cultural properties requires setting clear goals and directions and as well, criteria, for management, we need methods of systematical control and consideration for its characteristics. This research started with the sense of purpose that managing architectural cultural properties are in need of systematic and concrete control, based on the perception that they need protecting and transmitting. The goal of this thesis is to work on the current archiving status of architectural cultural properties by monitoring patterns and processes in archival administration, to diagnose problems by looking into the records creation and management, and to present the improvement plan which would lead to the architectural cultural properties' more efficient management and better use in the future. The management of architectural cultural properties begins with registering and assigning. Cultural Heritage Administration is in charge of control, supervision, and budget and local governments deal with direct management. Accordingly, records are by the hands of each local governmental body. Currently, each cultural property has its management depending on every different working environment in each governmental body. Architectural cultural properties needs managing in one body through the synthetic and unified, concrete and systematic manual and guide for management. Archiving architectural cultural properties have need of unitive management through a professional system, considering the physical characteristics and history of archiving. Unified management system will enhance efficiency and actual use of architectural cultural property records if one governmental body undertakes uniting records through standardization and professional supervision, and data-based unified search engine would enhance efficiency and actual use. Therefore, I suggest that Archives for Architectural Cultural Properties should be established as a professional Archives and wholly responsible body for the purpose of systematically and unifiedly managing architectural cultural property records with professional personnel and facility and transmitting their historical, cultural, and academic value. In Korea, studies up to the present have mainly focused on managing architectural records and records of drawing while few efforts were made to directly deal with managing architectural cultural properties themselves. The focus of this thesis is to study the current status and establish problems of the management of architectural cultural properties in administrative process, and as a result, to propose to establish Archives for Architectural Cultural Properties as a professional archives.

• The Korean Journal of Archival Studies
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• no.30
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• pp.3-55
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• 2011

Recently, a topic of Archival Science can be said 'paradigm shift'. Therefore, this study aims to establish a relationship between oral record and Archival Science through concept of the archiving 'social memory' related to paradigm shift of Archival Science. In addition, an active role theory by an archivist as main agent of archival oral record management reflecting the characteristics of oral record based on this will be supported. Especially, even if it has already been handled through previous studies, it will be focused on drawing new meaning by applying creative perspective. Main content of this study is as follows. Firstly, discussion will be progressed by establishing the concept of the archiving 'social memory'. This is related to the topic of 'paradigm shift' in the Archival Science. Despite that active research has been conducted among mainly archival researchers overseas, it has not been handled yet in Korea. Therefore, this study aims to determine to organize this part as detail purpose. Secondly, the point will be progressed with a special focus on collecting and planning stages among the stages of records management. A viewpoint of the Archival Science should start from the stage of collecting and planning the previous record of production point of time, and then should be reflected for acknowledging the subsequent stages. Therefore, collecting and planning are the most important, and this is closely connected with a characteristic of oral record which production means collecting. Thirdly, the concept of 'oral record' is established with the viewpoint of the Archival Science. The various documents have been producted through oral interview has been known to many oral history researchers as 'oral source'. It aims to conceptualize them as 'oral record' with the viewpoint of the Archival Science. Fourthly, it is an establishment of meaning why oral history should be handled in the Archival Science. It is necessary to rationalize the purpose and its appropriateness handling oral history in the Archival Science. It should clarify the reason why oral history is important in the Archival Science and what it means. This will help examine the meaning of the recording of 'oral record.' A characteristic of the oral record can be effectively revealed through the recording, and ultimately, it aims to be able to shed new light on the value of oral history and oral record. Finally, it defines the role of archivist in oral history. A point that archivist in oral history is not just an assistant who organizes and preserves oral records collected by researchers will be emphasized and persuaded. In this study, oral history study in the Archival Science which has obtained appropriateness by the theoretical discussion as above should be conducted in a connection with other studies without occupying oral history by the Archival Science and in a direction of the leap of Korean oral history study. If this is possible, it will contribute to development of the Archival Science and of study area expansion, enhancement of the role and potential of archivist, at the same time, eventually it will positively influence on oral history study.

• The Southeast Asian review
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• v.27 no.1
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• pp.95-129
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• 2017

This study surveys and reviews political change, economic performance, and regional cooperation that were carried out in 2016 by Southeast Asian countries and ASEAN. This paper reports that what has followed the inauguration of new governments in Myanmar, the Philippines, Vietnam, and Laos fails to live up to the expectation and optimism that arose in the aftermath of elections and party congresses that took place in the first half of the year. In other countries such as Malaysia, Thailand, and Cambodia, where authoritarian regimes are faced with strong oppositions, the prospects for democratic change worsened to a substantial degree, as schisms and internal strives complicated the opposition camp as a result of instigation and intervention by the authoritarian leaders and their followers. In stable political systems, both democratic and authoritarian, no significant changes that may entail serious political implications were noticed. In 2016, the national economy of almost each and every country continued its slow but steady recovery that had started in 2014 and grew by 5% on the average. For 2017 onward, however, the earlier optimism that it would grow at least as fast dimmed down as uncertainty about the world economy looms larger due to the unexpected win by Donald Trump as U.S. president and the expected 'hard landing' of the Chinese economy around 2018. ASEAN declared the launch of the ASEAN Economic Community (AEC) only one day before the New Year, but its track record looked already bad and unpromising by the end of 2016. ASEAN leaders were tied up by their domestic politics and affairs too tightly to take time off to work seriously to observe the schedule as laid out in the AEC Blueprint 2025. Korea's relationship with Southeast Asian countries and ASEAN was "as good as it gets" in 2016 as ever but could become subject to tough review in the near future, if the Ministry of Foreign Affairs is found out to have been implicated in the ongoing Choi Sun Sil scandal and if the opposition wins the next presidential election to be held by this year.

• The Journal of Korean Philosophical History
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• no.23
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• pp.275-294
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• 2008

The specific concern of 'Xing'(形) & 'Shen'(神) theory is considering the body and the soul of human being. If either of the body and the soul including the life of human as of basic items is not existed, it may not seem to be alive. A great number of philosophers during 'Dong-Jin Northern & Southern Dynasty'(東晉南北朝) had the most active and furthest discussion throughout the history of China to study the concerns; Having a question such as "Where the body and the soul come out around us?", "What is the essence of complicated and delicate mental operation?" "Are there any relationships between the body and the soul?" and then "How do the human soul exist after death?" First, during 'Don-Jin' period as body and soul theory was based on 'Yin'(陰) and 'Yang'(陽). 'He Cheng Tian'(何承天) said that everything which was burn on earth should die because the soul couldn't stay the dead body longer. In the same age, 'Ming Fo Run'(明佛論) and 'Da Xing Run'(達性論) which denied that the soul couldn't exist forever were main topics of the discuss among the distinguished philosophers. Next, during 'Northern & Southern dynasty', body and soul theory was divided into two. First of all, body and soul of 'Heng Cun'(恒存) might be harmonized, however, that was not perfectly put together. Because, after human death, even if the body of human might be existed, the soul left elsewhere but always stayed around us. The body was the soul which meant that the soul was to the nature of the body and the body was to the usage of soul. Many philosophers insisted that nobody meant no soul according to 'Shen Bu Mie Run'(神不滅論) and 'Shen Mie Run'(神滅論) which was the main topic as an academic argument in those days. Finally, during Dong-Jin dynasty covered the significance of Body and Soul theory and analyzed the influence into the history of the history philosophy in china.