• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• Journal of International Area Studies (JIAS)
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• v.18 no.3
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• pp.109-144
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• 2014

In 2010, large areas of European airspace were closed by the volcanic ash generated by the eruption of Icelandic volcano and it disrupted global trade, business and travel which caused a huge economic damage on the air transport industry. This brought concerned about the economic impact by the eruption of Mt. Baekdu volcano. In this paper, we analyze the affected areas of the air transport industry were decided by calculating the PM10 density of volcanic ash changed over time and by determining the safe upper limit of ash density in their airspace. We separate the sales in the air transport industry according to each airline, airport, and month to estimate the direct losses when all flights inside a restricted zone were canceled. Also, we estimate the indirect losses in regional output, income, and value-added of the different major industries using interindustry (input-output) analysis. There is no direct damage from VEI 1 to VEI 5. But when VEI is 6, all flights to and from Yangyang airport will be canceled due to the No Fly Zone. And some flights to and from the airports Gimhae, Ulsan and Pohang will be restricted due to the Time Limited Zone. When VEI is 7, Yangyang, Gimhae, Ulsan, Pohang and Daegu airports will be closed and all flights will be canceled and delayed. During this time, the total economic losses on the air transport industry are estimated at 8.1 billion won(direct losses of about 3.55 billion won, indirect losses of about 4.57 billion won). Gimhae international airport accounted for 92% of the total loss and is the most affected area according to the volcanic ash scenario of Mt. Baekdu.

• Journal of the Economic Geographical Society of Korea
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• v.20 no.3
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• pp.329-352
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• 2017

Since the late 2000s Korean foreign direct investors in North Korea and China border regions have gone through the closure of outward processing trade(OPT) networks and changes in their location due to UN security council resolution and Korean independent sanctions against North Korea's nuclear and missile tests. However, the introduction of new Chinese OPT policy has led to the invigoration of domestic market-based OPT networks towards North Korea. The main aim of this paper is to identify the exceptional characteristics of Dandong in Liaoning province, a North Korea and China border region by analyzing OPT networks towards North Korea. Fundamentally the establishment of OPT networks towards North Korea is likely to be based on the utilization of a plenty of low wages in North Korea. The main reasons for this are fallen into two perspectives: geo-economics and geo-politics. The first perspective is geo-economics centering on the consolidation of economic exchange between North Korea and China, and North Korean economic development. For example, the introduction of Chinese OPT in border region has enabled Chinese local firms based on domestic market to access a plenty of low wage in North Korea in formal and institutional contexts. The second is geo-politics for the stability of North Korean regime based on the means of geo-economics. As the invigoration of domestic market-based OPT networks might make North Korea possible promoting foreign money earning, it enable North Korea to be sustainable as a buffering region between capitalist and socialist regime for China. It shows Chinese geo-strategic attempts to deal with the economic and regime stability of North Korean as a buffering state. In other words, OPT networks in North Korea should be concerned with the discourse practice of geo-economics and geo-politics which might lead to various and contingent spatial economies in border region. As a consequence, North Korea and China border regions could defined as a space in which is applicable to exceptional institutions and policies, and an exploitative space in which create surplus and rents by utilizing a plenty of low wages in North Korea through OPT networks.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.117-149
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• 2015

On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

• International Commerce and Information Review
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• v.13 no.4
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• pp.485-516
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• 2011

Republic of Korea is small nation that is comprised of 0.7% of the world population and occupying just 0.07% of the world territory. Despite this, Republic of Korea once again proved herself to be as the world's major economic powerhouse by becoming the world's 7th largest exporter in 2010. However, the reality is that Republic of Korea is still significantly concerned about the volatile economic nature and anxiety that is spread across the globe since the global depression that began at the end of 2008 and the financial crisis that has been threatening the Euro-Zone recently. This has resulted in the nation reaching the limitation in significant economic growth and limited creation of jobs within the nation and due to such circumstances, the nation is becoming more aware of the fact that she needs to pay more attention on the service sector and service exports if she was to see a more positive economic outlook in the upcoming future. This research is aimed to analyse the cost that is associated with the service export sector, by examining a number of enterprises in relation to the MICE(Meeting Incentives Convention Exhibition) industry which certainly has both direct and indirect influences on the service exports of the nation Further, the prime goal of the research is to encourage the SMEs of Korea, who have substandard experience associated to foreign exports, to intensify and increase service exports and also the goal extends to the degree to suggest appropriate assistance measures to aid these enterprises to achieve such goals. This research is fundamentally designed and based on the literature research associated with the MICE industry and also, this research is premeditated through the analysis of the case of exports to Vietnam. As the result of research, it has been found out that SMEs in the MICE industry and those of in service export sector are reluctant or even feel insecure to attempt any kind of export of their services mainly due to; the lack of foreign market information and also the lack of experience associated with service exports. Furthermore, it has also been revealed that the difficulty to estimate the validity and profitability of service the export is a significant factor withholding those enterprises from attempting any service export to the foreign markets. Henceforth, in order to aid and stimulate service export to the foreign markets by these SMEs (including those in association with the MICE industry), it is imperative to prepare an one-stop service export assistance program which would provide the information associated with marketing, law and legislation, taxation system and financial area in regard to the global markets.

• Korea Trade Review
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• v.41 no.5
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• pp.325-351
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• 2016

This study empirically investigated the relationship among knowledge transfer, network(firm network and government network) and performance Korean MNCs' subsidiaries in terms of absorptive capacity and entry mode roles in China. For this, absorptive capacity was established as an independent variable, mediating variable, and moderating variable. And the entry mode was divided into single investment and joint venture and set to the moderating variable. Data for the analysis of actual proof was randomly selected from the companies which was established more than 3 years before KOTRA 'The overseas expansion Korean company directory (2014)'. Questionnaires to 138 Chinese subsidiaries of Korean MNCs were collected by FAX and E-mail. AMOS was utilized and collected data investigated the role of the absorption capacity and entry mode as the covariance structure analysis. The empirical analysis showed that absorption capacity has a direct influence on management performance as an independent variable with the network (firm network and government network). It only has a partial mediating role between enterprise networks and management performance, and no meaningful result was gained as its moderationg role bewteen the exogenous variable and management performance. And in terms of Korean companies' moderating role in entering China, they have a moderating role between government network, absorption capacity and management performance, but did not show a statistically significant result between knowledge transfer, enterprise network and management performance. Absorption capacity, as the variable affecting overseas subsidiary's management performance, should not be considered a mediating or moderating variable, but an independent variable. Since the joint venture is showing higher performance than single investment when going into the Chinese market, implication is provided for options in overseas expansion. But this research has the limitation in generalization because it is aiming at the subsidiaries of the Korean company investing in China. Therefore, it is more desirable in the future to conduct a study of the subsidiary of the Korean company entering several countries. It also has limitations in generalization, because the research was conducted using a limited number of variables, despite there are various factors affecting the management performance of Chinese subsidiaries.

• Korea Trade Review
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• v.48 no.3
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• pp.217-242
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• 2023

This study aims to analyze the factors influencing the logistics demand of inland ports along the Yangtze River and predict future port logistics demand based on these factors. The logistics demand prediction using system dynamics techniques was conducted for a total of six ports, including Chongqing and Yibin ports in the upper reaches, Jingzhou and Wuhan ports in the middle reaches, and Nanjing and Suzhou ports in the lower reaches of the Yangtze River. The logistics demand for all ports showed an increasing trend in the mid-term prediction until 2026. The logistics demand of Chongqing port was mainly influenced by the scale of the hinterland economy, while Yibin port appeared to heavily rely on the level of port automation. In the case of the upper and middle reach ports, logistics demand increased as the energy consumption of the hinterland increased and the air pollution situation worsened. The logistics demand of the middle reach ports was greatly influenced by the hinterland infrastructure, while the lower reach ports were sensitive to changes in the urban construction area. According to the sensitivity analysis, the logistics demand of ports relying on large cities was relatively stable against the increase and decrease of influential factors, while ports with smaller hinterland city scales reacted sensitively to changes in influential factors. Therefore, a strategy should be established to strengthen policy support for Chongqing port as the core port of the upper Yangtze River and have surrounding ports play a supporting role for Chongqing port. The upper reach ports need to play a supporting role for Chongqing port and consider measures to enhance connections with middle and lower reach ports and promote the port industry. The development strategy for inland ports along the Yangtze River suggests the establishment of direct routes and expansion of the transportation network for South Korean ports and stakeholders. It can suggest expanding the hinterland network and building an efficient transportation system linked with the logistics hub. Through cooperation, logistics efficiency can be enhanced in both regions, which will contribute to strengthening the international position and competitiveness of each port.

• KDI Journal of Economic Policy
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• v.14 no.1
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• pp.191-212
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• 1992

This paper discusses the role of money in the process of capital accumulation where financial markets are impeded by contract enforcement problems in the context of overlapping generations framework. In particular, in less developed countries (LDCs) creditors may know little about the repayment capability of potential debtors due to incomplete information so that financial instruments other than money may not acceptable to them. In this paper the impediments to the operation of the private finanical markets are explicitly modelled. We argue that creditors cannot observe actual investment decisions made by the potential borrowers, and as a result, loan contracts may not be fully enforceable. Therefore, a laissez-faire regime may fail to provide the economy with the appropriate financial instruments. Under these circumstances, we introduce a government operated discount window (DW) that acts as an open market buyer of private debt. This theoretical structure represents the practice of governments of many LDCs to provide loans (typically at subsidized interest rates) to preferred borrowers either directly or indirectly through the commercial banking system. It is shown that the DW can substantially overcome impediments to trade which are caused by the credit market failure. An appropriate supply of the DW loan enables producers to purchase the resources they cannot obtain through direct transactions in the credit market. This result obtains even if the DW is subject to the same enforcement constraint that is responsible for the market failure. Thus, the DW intervention implies higher investment and output. However, the operation of the DW may cause inflation. Furthermore, the provision of cheap loans through the DW results in a worse income distribution. Therefore, there is room for welfare enhancing schemes that utilize the higher output to develop. We demonstrate that adequate lump sum taxes-cum-transfers along with the operation of the DW can support an allocation that is Pareto superior to the laissez-faire equilibrium allocation.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.4 no.3
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• pp.39-54
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• 2009

As of July, 2009, Chungnam Province get DI (Direct Investment) of 2,502 corporations as the amount of 31 billion US dollars only for 3 years. Especially, Chungnam provincial governor make a excessive performance of 2.5 times comparing to the target number, 1,000 of inviting capital, that is public promise in the election. Now, the amount of inviting foreign capital is 1.2 billion dollars, at the end of this year it might be 1.4 billion dollars just in case of making a success on going negotiations. This outstanding performance comes from governor's leadership and aggressive strategies of well-trained subordinates. Chungnam Province has nation-wide multiple targets focused on interdisciplinary industries including strategic industries of display, auto-parts, steel, and oil-chemistry. Also, it has organic network system based on the very descriptive and accurate informations managing the task force team consisted of 35 competent members. In conclusion, the core competence of inviting foreign capital in a regional government is governor's strong leadership, activated organization consisted of specially well trained subordinates, and predominant differentiated strategies in details.

• Proceedings of the Korean Institute of Electrical and Electronic Material Engineers Conference
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• 2009.06a
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• pp.456-456
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• 2009

Boron doping on an n-type Si wafer is requisite process for IBC (Interdigitated Back Contact) solar cells. Fiber laser annealing is one of boron doping methods. For the boron doping, uniformly coated or deposited film is highly required. Plasma enhanced chemical vapor deposition (PECVD) method provides a uniform dopant film or layer which can facilitate doping. Because amorphous silicon layer absorption range for the wavelength of fiber laser does not match well for the direct annealing. In this study, to enhance thermal affection on the existing p-a-Si:H layer, a ${\mu}c$-Si:H intrinsic layer was deposited on the p-a-Si:H layer additionally by PECVD. To improve heat transfer rate to the amorphous silicon layer, and as heating both sides and protecting boron eliminating from the amorphous silicon layer. For p-a-Si:H layer with the ratio of $SiH_4$ : $B_2H_6$ : $H_2$ = 30 : 30 : 120, at $200^{\circ}C$, 50 W, 0.2 Torr for 30 minutes, and for ${\mu}c$-Si:H intrinsic layer, $SiH_4$ : $H_2$ = 10 : 300, at $200^{\circ}C$, 30 W, 0.5 Torr for 60 minutes, 2 cm $\times$ 2 cm size wafers were used. In consequence of comparing the results of lifetime measurement and sheet resistance relation, the laser condition set of 20 ~ 27 % of power, 150 ~ 160 kHz, 20 ~ 50 mm/s of marking speed, and $10\;{\sim}\;50 {\mu}m$ spacing with continuous wave mode of scanner lens showed the correlation between lifetime and sheet resistance as $100\;{\Omega}/sq$ and $11.8\;{\mu}s$ vs. $17\;{\Omega}/sq$ and $8.2\;{\mu}s$. Comparing to the singly deposited p-a-Si:H layer case, the additional ${\mu}c$-Si:H layer for doping resulted in no trade-offs, but showed slight improvement of both lifetime and sheet resistance, however sheet resistance might be confined by the additional intrinsic layer. This might come from the ineffective crystallization of amorphous silicon layer. For the additional layer case, lifetime and sheet resistance were measured as $84.8\;{\Omega}/sq$ and $11.09\;{\mu}s$ vs. $79.8\;{\Omega}/sq$ and $11.93\;{\mu}s$. The co-existence of $n^+$layeronthesamesurfaceandeliminating the laser damage should be taken into account for an IBC solar cell structure. Heavily doped uniform boron layer by fiber laser brings not only basic and essential conditions for the beginning step of IBC solar cell fabrication processes, but also the controllable doping concentration and depth that can be established according to the deposition conditions of layers.