• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• Asia pacific journal of information systems
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• v.24 no.2
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• pp.191-210
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• 2014

As mobile devices that can be connected to the Internet have spread and networking has become possible whenever/wherever, the Internet has become central in the dissemination and consumption of news. Accordingly, the ways news is gathered, disseminated, and consumed have changed greatly. In the traditional news media such as magazines and newspapers, expert editors determined what events were worthy of deploying their staffs or freelancers to cover and what stories from newswires or other sources would be printed. Furthermore, they determined how these stories would be displayed in their publications in terms of page placement, space allocation, type sizes, photographs, and other graphic elements. In turn, readers-news consumers-judged the importance of news not only by its subject and content, but also through subsidiary information such as its location and how it was displayed. Their judgments reflected their acceptance of an assumption that these expert editors had the knowledge and ability not only to serve as gatekeepers in determining what news was valuable and important but also how to rank its value and importance. As such, news assembled, dispensed, and consumed in this manner can be said to be expert-based recommended news. However, in the era of Internet news, the role of expert editors as gatekeepers has been greatly diminished. Many Internet news sites offer a huge volume of news on diverse topics from many media companies, thereby eliminating in many cases the gatekeeper role of expert editors. One result has been to turn news users from passive receptacles into activists who search for news that reflects their interests or tastes. To solve the problem of an overload of information and enhance the efficiency of news users' searches, Internet news sites have introduced numerous recommendation techniques. Recommendations based on popularity constitute one of the most frequently used of these techniques. This popularity-based approach shows a list of those news items that have been read and shared by many people, based on users' behavior such as clicks, evaluations, and sharing. "most-viewed list," "most-replied list," and "real-time issue" found on news sites belong to this system. Given that collective intelligence serves as the premise of these popularity-based recommendations, popularity-based news recommendations would be considered highly important because stories that have been read and shared by many people are presumably more likely to be better than those preferred by only a few people. However, these recommendations may reflect a popularity bias because stories judged likely to be more popular have been placed where they will be most noticeable. As a result, such stories are more likely to be continuously exposed and included in popularity-based recommended news lists. Popular news stories cannot be said to be necessarily those that are most important to readers. Given that many people use popularity-based recommended news and that the popularity-based recommendation approach greatly affects patterns of news use, a review of whether popularity-based news recommendations actually reflect important news can be said to be an indispensable procedure. Therefore, in this study, popularity-based news recommendations of an Internet news portal was compared with top placements of news in printed newspapers, and news users' judgments of which stories were personally and socially important were analyzed. The study was conducted in two stages. In the first stage, content analyses were used to compare the content of the popularity-based news recommendations of an Internet news site with those of the expert-based news recommendations of printed newspapers. Five days of news stories were collected. "most-viewed list" of the Naver portal site were used as the popularity-based recommendations; the expert-based recommendations were represented by the top pieces of news from five major daily newspapers-the Chosun Ilbo, the JoongAng Ilbo, the Dong-A Daily News, the Hankyoreh Shinmun, and the Kyunghyang Shinmun. In the second stage, along with the news stories collected in the first stage, some Internet news stories and some news stories from printed newspapers that the Internet and the newspapers did not have in common were randomly extracted and used in online questionnaire surveys that asked the importance of these selected news stories. According to our analysis, only 10.81% of the popularity-based news recommendations were similar in content with the expert-based news judgments. Therefore, the content of popularity-based news recommendations appears to be quite different from the content of expert-based recommendations. The differences in importance between these two groups of news stories were analyzed, and the results indicated that whereas the two groups did not differ significantly in their recommendations of stories of personal importance, the expert-based recommendations ranked higher in social importance. This study has importance for theory in its examination of popularity-based news recommendations from the two theoretical viewpoints of collective intelligence and popularity bias and by its use of both qualitative (content analysis) and quantitative methods (questionnaires). It also sheds light on the differences in the role of media channels that fulfill an agenda-setting function and Internet news sites that treat news from the viewpoint of markets.

• The Korean Journal of Air & Space Law and Policy
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• v.2
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• pp.31-67
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• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• Land and Housing Review
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• v.14 no.4
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• pp.1-16
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• 2023

As population ageing and shrinking accompanied by dramatically expanded individual life expectancy and declining fertility rate is a global phenomenon, ageing becomes its broader perspective of ageing well embedded into sustained health and well-being, and also the fourth industrial revolution speeds up a more robust and inclusive view of smart ageing. While the latest paradigm of SA has gained considerable attention in the midst of sharply surging demand for health and social services and rapidly declining labor force, the definition has been widely and constantly discussed. This research is to constitute a conceptual framework of smart ageing (SA) from systematic literature review and the use of a series of secondary data and Geographical Information Systems(GIS), and to explore its components. The findings indicate that SA is considered to be an innovative approach to ensuring quality of life and protecting dignity, and identifies its constituents. Indeed, the construct of SA elaborates the multidimensional nature of independent living, encompassing three spheres - Aging in Place (AP), Well Aging (WA), and Active Ageing (AA). AP aims at maintaining independence and autonomy, entails safety, comfort, familiarity and emotional attachment, and it values social supports and services. WA assures physical, psycho-social and economic domains of well-being, and it concerns subjective happiness. AA focuses on both social engagement and economic participation. Moreover, the three constructs of SA are underpinned by specific elements (right to housing, income adequacy, health security, social care, and civic engagement) which are interrelated and interconnected.