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The Study on Aviation Crime in Aviation Safety and Security Act of Korea ("항공안전 및 보안에 관한 법률"에 있어서 항공범죄에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.27-54
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    • 2010
  • Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

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Privilege and Immunity of Information and Data from Aviation Safety Program in Unites States (미국 항공안전데이터 프로그램의 비공개 특권과 제재 면제에 관한 연구)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.137-172
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    • 2008
  • The earliest safety data programs, the FDR and CVR, were electronic reporting systems that generate data "automatically." The FDR program, originally instituted in 1958, had no publicly available restrictions for protections against sanctions by the FAA or an airline, although there are agreements and union contracts forbidding the use of FDR data for FAA enforcement actions. This FDR program still has the least formalized protections. With the advent of the CVR program in 1966, the precursor to the current FAR 91.25 was already in place, having been promulgated in 1964. It stated that the FAA would not use CVR data for enforcement actions. In 1982, Congress began restricting the disclosure of the CVR tape and transcripts. Congress added further clarification of the availability of discovery in civil litigation in 1994. Thus, the CVR data have more definitive protections in place than do FDR data. The ASRS was the first non-automatic reporting system; and built into its original design in 1975 was a promise of limited protection from enforcement sanctions. That promise was further codified in an FAR in 1979. As with the CVR, from its inception, the ASRS had some protections built in for the person who might have had a safety problem. However, the program did not (and to this day does not) explicitly deal with issues of use by airlines, litigants, or the public media, although it appears that airlines will either take a non-punitive stance if an ASRS report is filed, or the airline may ignore the fact that it has been filed at all. The FAA worked with several U.S. airlines in the early 1990s on developing ASAP programs, and the FAA issued an Advisory Circular about the program in 1997. From its inception, the ASAP program contained some FAA enforcement protections and company discipline protections, although some protection against litigation disclosure and public disclosure was not added until 2003, when FAA Order 8000.82 was promulgated, placing the program under the protections of FAR 193, which had been added in 2001. The FOQA program, when it was first instituted through a demonstration program in 1995, did not contain protections against sanctions. Now, however, the FAA cannot take enforcement action based on FOQA safety data, and an airline is limited to "corrective action" under the program. Union contracts can exclude FOQA from the realm of disciplinary action, although airline practice may be for airlines to require retraining if there is no contract in place forbidding it. The data is protected against disclosure for litigation and public media purposes by FAA Order 8000.81, issued in 2003, which placed FOQA under the protections of FAR 193. The figure on the next page shows when each program began, and when each statute, regulation, or order became effective for that program.

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International Legal Regulation on Commercial Space Activity (상업적 우주활동의 국제법적 규제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.183-221
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    • 2013
  • While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

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A Study on the increase of space debris from Chinese Anti-Satellite and breach of the Outer Space Treaty (자국위성(自國衛星)의 파괴(破壞)에 따른 우주잔해의 증가와 우주조약위반(宇宙條約違反) 여부에 관한 소고(小考) - 중국의 자국위성파괴와 관련하여 -)

  • Kim, Sun-Ihee
    • 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.

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Effectiveness of the Assessment of the Depressive Symptomatology and Social Functioning as Rated by the Client's Significant Other (친지에 의한 클라이언트의 우울증상 및 사회기능 측정의 유효성 연구)

  • Park, Sun-Young
    • Korean Journal of Social Welfare
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    • v.52
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    • pp.143-170
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    • 2003
  • This study investigated the effectiveness of the assessment of psychosocial treatment outcome in symptomatology and social functioning as rated by the depressed client's significant other in explaining the client's symptomatology and social adjustment at 6 and 12 month follow-up period after the 16-week psychosocial treatment was terminated. The data were drawn from the National Institute of Mental Health Treatment of Depression Collaborative Research Program of the U.S. Significant others of depressed clients have rarely participated in the assessment of treatment outcome, although they are major participants of the clients' daily life and have meaningful opportunities to observe the clients' functioning in different social situations. Thus, this study aimed to examine the explanatory power of the significant others' outcome assessment in depressive symptomatology and social functioning for the long-term outcome in symptomatology and social adjustment. The outcome measures used by the significant others were actual performance, expected performance, gap between actual and expected performance, and symptomatology drawn from the Katz Adjustment Scale-Relatives Form. Three major findings were: (1) in general, the posttreatment assessment by the significant other demonstrated stronger explanatory power of the follow-up status than the assessment rated at pretreatment in all of the four outcome domains; (2) the significant other's assessment of actual and expected performance at both pre- and posttreatment demonstrated significant explanatory power of the follow-up status in symptomatology and social/leisure and work adjustment; and (3) the significant other's assessment of social functioning at pretreatment improved the explanatory power over and above the explanation by symptomatology in the follow-up status of social/leisure and work adjustment; however, at posttreatment, symptomatology improved the explanation over and above social functioning more frequently in predicting both symptomatology and social/leisure and work adjustment. These findings suggest the effectiveness of the measures of symptomatology and actual and expected performance as assessed by significant others. The results imply that mental health professionals and researchers need to involve the depressed client's significant other in the treatment and make good use of their contribution in treatment planning and further intervention in the follow-up period to prevent relapse.

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Financial Analysis of Vegetation Control for Sustainable Production of Songyi (Tricholoma matsutake) in Korea (송이생산(生産)을 지속가능(持續可能)하게 하기 위한 소나무림내(林內) 식생정리(植生整理) 작업(作業)의 경제성(經濟性) 분석(分析))

  • Koo, Chang Duck;Bilek, E.M.
    • Journal of Korean Society of Forest Science
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    • v.87 no.4
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    • pp.519-527
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    • 1998
  • An economic study of vegetation control to increase production of Songyi (Korean name far pine mushroom, matsutake, Tracholoma matsutake (S. Ito & Imai) Sing.) in red pine (Panes densiflora) stands in Korea was undertaken. In Korea, Songyi grows only in red pine stands. Harvest of this mushroom provides a significant income source to rural people in Korea yielding exports of US$20 million to US$80 million per year. However, hypogeous Songyi colonies and the mushroom production are declining, partly because shade tolerant species are succeeding the shade intolerant red pine. Past research says that it is possible to deep Songyi production increasing by controlling under-story vegetation. But few people are wilting to invest in the necessary control. Our analysis found that the economics of vegetation control appear to be quite favorable, showing an internal rate of return (IRR) of 20.7 percent in 15 years. However, positive returns do not occur for at least eight years and even then, the returns may not appear to the landowner to be a result of vegetation control efforts only because the mushroom production has been greatly variable depending on weather conditions. In a sensitivity analysis, it was found that the number of circular mushroom colonies was critically important for the cash flow. Results of this analysis are also sensitive to assumptions about annual growth length(0.16m radial growth=1.0m/circular length growth) of Songyi colony. However, the primary goal of vegetation control should be to keep the young colonies growing. Further research in the behavior of hypogeous Songyi colonies after vegetation control would help to improve our confidence in the results.

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Appling Nursing Theory to Clinical Practice of Home Health Care (가정간호실무에 적용가능한 이론적틀)

  • Woo, Seon-Hye
    • Journal of Home Health Care Nursing
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    • v.11 no.1
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    • pp.5-13
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    • 2004
  • The home health care industry has grown rapidly and can be expected to continue to grow in the foreseeable future. Home health care refers to the practice of nursing applied to clients with a health condition in the clients place of residence. clients and their designated care givers are the focus at home health nursing practice. The goal of care is to initiate. manage and evaluate the resources needed to promote the clients optimal level of well-being and function. Nursing activities necessary to achieve this goal may warrant preventive maintenance and restorative emphases to prevent potential problems from developing. Many project program were suggested home health care model for Korea's health care system and policy direction for expansion and establishment of home health care .But the aim of this paper is to provide on overview for theoretical frame work in home health care. Theories and conceptual frameworks or models are important nursing because they define and guide the boundaries of professional practice and identify key nurse-patient-caregiver relationships that emerge with caring. Following is the research with an investigation of the literature review in the University of Arizona international medline database, In conclusion, are as followers: First, many nursing theorists have had a tremendous impact on nursing practice. the following highlights those nursing theorists that are particularly helpful in understanding home health care. 1. Florence Nightingale : Our earliest theoretical legacy. Nightingale's believes are reflected in basic infection control practice such as hand washing and infectious waste disposal and are key nursing interventions in home care. 2. Martha Roger's :Science of unitary human beings theory. Rorger's believed that the focus of shared. non invasive healing modelities is the human environmental field rather than direct physical care. These modelities continue to evolve as our awareness (reflecting greater diversity, faster rhythms, motions, and ways of knowing) transcends time and space, allowing individuals to get in touch with their integral nature of unbroken wholeness. On people as ever changing energy fields have special relevance in home care especially with hospice and palliative care applications. 3. Madeline Leininger's; Transcultural nursing theory. Home care nurses move through a variety of communities and often care for patients from different cultural back grounds. Therefore Leininger's work has a good that with home care because home care nursing practice is very culturally focused. 4. Dorothea Orem's : Self care deficit theory. Orem's theory views care as something to be performed by both nurses and patients. The role of the nurse is to provide education and support that help patients acquire the necessary activities to perform self-care. Orem's theory is foundational to have care because it begins to truly acknowledge the role of the patient in managing his or her own health. which is referred to as self-care. 5. Margaret Neuman's; Health as expending consciousness theory. Neuman believes that health compasses disease and reflects an underlying pattern of person-environment interaction. A key application of 'Neuman's work to home care is for nurses to understand that health and illness do not necessarily exist at opposite ends of a continuum. 6. Jean Watson's: Theory of human caring. Watson's theory of human caring in nursing proposes human caring as the moral ideal of nursing. Nurses participate human caring to protect, enhance and preserve humanity by assisting individuals to fing meaning in illness. pain and existence and to help others gain self knowledge. self control. and self healing such thinking lends richness to theory development. as well as clinical practice in home care. Second, Robin Rice : Dynamic self determination for self care. (A theoretical framework for home care) Dynamical self determination for self care can be useful to home care nurses in a variety of ways. As research tool it can be reflected in the interview process when the home visit. The home care nurse's role is that of facilitator of patient self-determination for self care through numerous strategies. including patient education and case management.

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Clarifying the concept of praxis in Family and Consumer Science Education -In focusing of the concept of phronesis in Aristotle's Nicomachean Ethics- (아리스토텔레스의 덕론에 기초한 가정과교육에서의 실천 개념 고찰을 위한 시론 (I) -실천적 지혜(phronesis)와 다른 덕과의 관계에 대한 논의를 중심으로-)

  • Yoo, Tae-Myung
    • Journal of Korean Home Economics Education Association
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    • v.19 no.2
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    • pp.13-34
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    • 2007
  • This study approached the concept of practical or praxis in Family and Consumer Science based on the review of the concept of phronesis in Aristotle's Nicomachean Ethics. Aristotle divided human soul into rational part and irrational part. A virtue related with rational part is intellectual virtue and a virtue related with irrational part is moral virtue. Rational part is divided into calculative part and scientific part. Phronesis is one of an intellectual virtue in calculative part of soul. Aristotle defines phronesis as a state of soul that issues in praxis. Phronesis in narrow sense is a virtue which leads to praxis and it is differ from either sophia or techne. Phronesis in broad sense it includes both praxis and poiesis. Phronesis is closely related with moral virtue. Because moral virtues are habits according to right reason, hence right reasons should be considered, and this is intellectual virtue. It is called for attention that what the concept of practical or praxis in Family and Consumer Science Education should be for the determination of the relation with Practical Arts and Technology. This study proposed a tentative conceptualization of praxis and phronimos in context of Family and Consumer Science Education.clothing planning and the most categories(83.3%) had connections of repetitions. In the clothing material section, categories evaluated as gaps and developments were 55.6% and 44.4%. The clothing construction.

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Analysis of Knowledge Community for Knowledge Creation and Use (지식 생성 및 활용을 위한 지식 커뮤니티 효과 분석)

  • Huh, Jun-Hyuk;Lee, Jung-Seung
    • Journal of Intelligence and Information Systems
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    • v.16 no.4
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    • pp.85-97
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    • 2010
  • Internet communities are a typical space for knowledge creation and use on the Internet as people discuss their common interests within the internet communities. When we define 'Knowledge Communities' as internet communities that are related to knowledge creation and use, they are categorized into 4 different types such as 'Search Engine,' 'Open Communities,' 'Specialty Communities,' and 'Activity Communities.' Each type of knowledge community does not remain the same, for example. Rather, it changes with time and is also affected by the external business environment. Therefore, it is critical to develop processes for practical use of such changeable knowledge communities. Yet there is little research regarding a strategic framework for knowledge communities as a source of knowledge creation and use. The purposes of this study are (1) to find factors that can affect knowledge creation and use for each type of knowledge community and (2) to develop a strategic framework for practical use of the knowledge communities. Based on previous research, we found 7 factors that have considerable impacts on knowledge creation and use. They were 'Fitness,' 'Reliability,' 'Systemicity,' 'Richness,' 'Similarity,' 'Feedback,' and 'Understanding.' We created 30 different questions from each type of knowledge community. The questions included common sense, IT, business and hobbies, and were uniformly selected from various knowledge communities. Instead of using survey, we used these questions to ask users of the 4 representative web sites such as Google from Search Engine, NAVER Knowledge iN from Open Communities, SLRClub from Specialty Communities, and Wikipedia from Activity Communities. These 4 representative web sites were selected based on popularity (i.e., the 4 most popular sites in Korea). They were also among the 4 most frequently mentioned sitesin previous research. The answers of the 30 knowledge questions were collected and evaluated by the 11 IT experts who have been working for IT companies more than 3 years. When evaluating, the 11 experts used the above 7 knowledge factors as criteria. Using a stepwise linear regression for the evaluation of the 7 knowledge factors, we found that each factors affects differently knowledge creation and use for each type of knowledge community. The results of the stepwise linear regression analysis showed the relationship between 'Understanding' and other knowledge factors. The relationship was different regarding the type of knowledge community. The results indicated that 'Understanding' was significantly related to 'Reliability' at 'Search Engine type', to 'Fitness' at 'Open Community type', to 'Reliability' and 'Similarity' at 'Specialty Community type', and to 'Richness' and 'Similarity' at 'Activity Community type'. A strategic framework was created from the results of this study and such framework can be useful for knowledge communities that are not stable with time. For the success of knowledge community, the results of this study suggest that it is essential to ensure there are factors that can influence knowledge communities. It is also vital to reinforce each factor has its unique influence on related knowledge community. Thus, these changeable knowledge communities should be transformed into an adequate type with proper business strategies and objectives. They also should be progressed into a type that covers varioustypes of knowledge communities. For example, DCInside started from a small specialty community focusing on digital camera hardware and camerawork and then was transformed to an open community focusing on social issues through well-known photo galleries. NAVER started from a typical search engine and now covers an open community and a special community through additional web services such as NAVER knowledge iN, NAVER Cafe, and NAVER Blog. NAVER is currently competing withan activity community such as Wikipedia through the NAVER encyclopedia that provides similar services with NAVER encyclopedia's users as Wikipedia does. Finally, the results of this study provide meaningfully practical guidance for practitioners in that which type of knowledge community is most appropriate to the fluctuated business environment as knowledge community itself evolves with time.

A Study on the Landscape-Oriented Persuasive Language from Naming the Apartment Brand in Korea - Focus on the Analysis of Category and Lexeme - (국내 아파트브랜드 명명(命名)에 담긴 조경지향적 설득언어 - 유형 및 어휘소 분석을 중심으로 -)

  • Rho, Jae-Hyun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.38 no.1
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    • pp.49-63
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    • 2010
  • This study was intended to analyze and interpret the pattern of naming the domestic apartment brand from a semiologic viewpoint in a bid to review the meaning and value of apartment brand, while on the other hand, evaluating the characteristics of persuasive message pursued by current apartment brand in 2010, and consequently, the conclusion of the study is outlined as follows. 1. As a result of analyzing the coinage of branding naming, the words such as combination, joint and blending pattern tended to dominate, which seemed to attempt to represent the variety of values of the housing culture. Brand ideation tends to stress the character symbolism and polysemic message using syllepsis, and the experimental attempt to revive the traditional dwelling concept in a modern sense in a way of combining the archaic word with the Chinese character was found as well. 2. As a result of analyzing the frequency of verbal identity and lexeme of domestic apartments, those frequently used are in order of ville, nature, beauty(美), park, hi, green, palace(宮), nobility and center(tra), which are the lexemes representing the landscape, view, nature and dignity. 3. As a result of identifying the pattern of lexeme using analysis frame based on existing researches such as apartment brand positioning, the most important external core concepts controlling the direction and value of apartment brand are 'environment-orientated' and 'emotion-orientated', and internally, 'function-oriented'. Given the persuasive language expressing the 'environment-oriented' feature and the priority of brand lexeme are garden, park, view and the nature, a landscape-oriented persuasive message is seen to be surging in brand naming. 4. An emotion-oriented persuasive language such as dignity axis having major lexeme represented by palace, nobility, class and a pride axis having major semantic elements represented by human, I and you are used as major value concepts and persuasive language that lead domestic apartment brands to differentiation and upgradation. 5. Among the lexemes focusing on view from environment-oriented standpoint, hi, hill, tower, view, mark, heights are the trend pursued by high-rise apartment aiming at the view such as residential-commercial apartment, and thus the persuasive language focusing on high-rise concept is expected to become the element dominating the trend of apartment brand for the time being.