• Journal of Digital Convergence
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• v.14 no.6
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• pp.51-60
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• 2016

The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.

• Korean Journal of Social Welfare Studies
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• no.36
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• pp.175-202
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• 2008

This paper analyzes the relationship between social assistance and poverty in Korea. Social assistance in Korea which had a Poor Law tradition for about forty years, was finally reformed and a new general assistance scheme designed to protect fundamental human rights, was established in 1999. Are the means-tested social assistance benefits effective in protecting the poor from hardship? How effectively do the means-tested benefits reduce poverty? To assess the effects of the means-tested social assistance benefits in Korea on poverty reduction, the study uses household data from the National Basic Livelihood Security Programme Review Board (NRB). Moreover, to obtain a comparative perspective, a British dataset the Family Resources Survey (FRS) is assessed. The incidence and the intensity of poverty for a range of household types are analyzed before and after social assistance benefits for both countries. The results of the analysis show the Korean social assistance benefits do not radically alleviate poverty, although recipients' income positions are improved after social assistance transfers. Compared to Korea, Britain achieved marked success of means-tested social assistance benefits with a high degree of effectiveness, especially among the extreme and the severe poverty brackets, while there are variations between different household types regarding the incidence and the intensity of poverty before and after transfer.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.2
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• pp.133-145
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• 2019

This study was raised by the need to explain why the problems related to private parks have been sustained. In order to identify the fundamental cause, it is necessary to analyze the historical and institutional context of private parks. Therefore, the purpose of this study is to identify the direction of change in the private park system and to derive the characteristics of the system as it currently appears. The framework based on the historical institutionalism was divided into the Park Act (1967-1980), the former of Urban Park Act (1980-1993) and the late of Urban Park Act (1993-2005), and each was assessed using the analysis elements of the institutional environment and the outcomes of implementation. The analysis elements interpreted the path dependency, in which the inertia toward the choice of institution is maintained, despite the change in the environment. The institution took a special form of 'negative systeme' and secured profitability by expanding the types of park facilities while mitigating the criteria. Additionally, the designation of private park promoters as a landowner acted as a means of compensating those with property rights to unexecuted urban parks. The expectation effectiveness on urban park creation was insufficient and the environmental regulatory functions were weakened. Thus, historically, the private park system in Korea has experienced an 'institutional decoupling' as the purpose of the system and the results of actual outcomes are not consistent.

• International Journal of Computer Science & Network Security
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• v.21 no.5
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• pp.73-83
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• 2021

The information space, the main components of which are information resources, means of information interaction, and information infrastructure, is a sphere of modern social life in which information communications play a leading role. The objective process is the gradual but stable entry of the national information space into the European and world information sphere, in the context of which there is a legitimate question of its protection as one of the components of the national security of Ukraine. However, the implementation of this issue in practice immediately faces the need to respect the rights and fundamental freedoms guaranteed by international regulations and the Constitution of Ukraine, especially in the field of cybersecurity. The peculiarity of the modern economy is related to its informational nature, which affects the sharp increase in cyber incidents in the field of information security, which is widespread and threatening and affects a wide range of private, corporate, and public interests. The problem of forming an effective information security system is exacerbated by the spread of cybercrime as a leading threat to information security both in Ukraine and around the world. The purpose of this study is to analyze the state of cybersecurity and on this basis to identify new areas of the fight against cybercrime in Ukraine. Methods: the study is based on an extensive regulatory framework, which primarily consists of regulatory acts of Ukraine. The main methods were inductions and deductions, generalizations, statistical, comparative, and system-structural analysis, grouping, descriptive statistics, interstate comparisons, and graphical methods. Results. It is noted that a very important component of Ukraine's national security is the concept of "information terrorism", which includes cyberterrorism and media terrorism that will require its introduction into the law. An assessment of the state of cybersecurity in Ukraine is given. Based on the trend analysis, further growth of cybercrimes was predicted, and ABC analysis showed the existence of problems in the field of security of payment systems. Insufficient accounting of cybercrime and the absence in the current legislation of all relevant components of cybersecurity does not allow the definition of a holistic system of counteraction. Therefore, the proposed new legal norms in the field of information security take into account modern research in the field of promising areas of information technology development and the latest algorithms for creating media content.

• The Journal of the Korea Contents Association
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• v.22 no.4
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• pp.754-764
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• 2022

This study began with a reflection and review of looking back on the anti-Japanese movement of Jeju Haenyeo. The Jeju Haenyeo Anti-Japanese Movement is the largest women's solidarity movement in Korea, with the struggle for the right to survive expanding to the anti-Japanese movement. Kang Kwan-Soon of young intellectuals in Jeju carried out an enlightenment campaign and made the unfair lives of Haenyeo into song lyrics to promote the anti-Japanese consciousness. 'Song of Haenyeo' has been excluded from the record for reasons of using Japanese melodies of 'Tokyo March', not traditional folk songs, and the socialist forces behind it. The study of Jeju Haenyeo is an important basic reference for the study of the anti-Japanese movement that successfully led the Jeju Haenyeo's human rights struggle. Oral tradition songs are the most fundamental art form. Through this research to revive the spirit of the anti-Japanese movement and remember the value of their sacrifices and contributions through comparative of the two songs.

• Journal of Korea Entertainment Industry Association
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• v.14 no.7
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• pp.107-119
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• 2020

This study was designed to analyze the social and institutional problems that may arise in the early 2000s of the United States and in the scholarship program for university student-athletes by analyzing Dialogues in the Film [The Blind Side] and to derive the meaning of this to Korean society and education field. In summary, the first is that there is a need for fundamental change in the thinking about gender discrimination and racist expressions expressed in everyday life including a Sport field not only in the United states but also in Korean society. Second, the Korea University Sports Federation(KUSF), like NCAA, is working on the right to study and human rights of university athletes, but in the commercialism of modern sports related to the capitalism, these systems and regulations could be a bigger obstacle to the process of growing young players. And finally, like the case of "Flower-loving Ferdinand" who having a lot in common with the main character, Michael in the Film, I hope that there will be a "Sports Ferdinand" that likes the sport itself, which is fully satisfied with its life and lives happily even if it is not a sports star.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.16 no.6
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• pp.157-175
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• 2021

This study categorized 3,214 companies out of the tech firms supported by the Korea Technology Finance Corporation's "technology guarantee scheme" through technology assessment from 2017 to 2019 into Fourth Industrial Revolution-related companies and general SMEs. The impact of the management characteristics of these 1,752 tech firms on the determination of high-growth firms was then empirically analyzed. This study used the OECD(2007) definition to define a "high-growth firm" as "an enterprise with average revenue growth greater than 20% per annum, over a two-year period." As the two sample groups showed non-normal distribution, this study conducted the Mann-Whitney U test, a nonparametric test, to analyze the mean differences and bivariate logistic regression in which the normality assumption is less stringent. The independent variables include fundamental characteristics; a regional dummy; a technological level dummy; and the capabilities of company representatives, human capital, and technological innovation. The corresponding sub-variables are representatives' level of education and experience in the same industry, full-time workers, research personnel, the extent of intellectual property rights, investment in research and development, firm age, total assets, region_metropolitan area, region_central region, technological level_high technology, and technological level_medium technology. As a result, the research hypothesis about representatives' level of experience in the same industry, full-time workers, total assets, and technological level_high technology was supported for the Fourth Industrial Revolution-related companies. For the general SMEs, the research hypothesis about representatives' level of experience in the same industry, research personnel, total assets, and region_metropolitan area was supported.

• The Korean Journal of Archival Studies
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• no.77
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• pp.5-36
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• 2023

In the Republic of Korea, which has adopted a strong president-centered system as a political system, comprehensive personnel verification of work ability, reputation, and misconduct for positions where the president has personnel rights is not only fundamental to the administration of the country, but is also very important for maintaining the democratic system. As the records containing the personnel verification process produced during this process also has a wide range of data on important people in the country, they themselves are very important national-level information, and there is a great possibility that they will be used as useful materials for studying current national management in future generations. Therefore, it is assumed that after the enactment of the "Act on the Management of Presidential Records" in 2007, Senior Secretary for Civil Affairs of the Office of the President, which were responsible for the personnel verification, designated a wide range of personnel verification records as presidential designated records and transferred them to the Presidential Archives. However, with the launch of the 20th government, the agency responsible for personnel verification changed from Senior Secretary for Civil Affairs of the Office of the President to the "Personnel Information Management Team" of the Ministry of Justice from June 2022, a major change occurred in the personnel verification process that had been maintained and the preservation of related records. This paper examined what personnel verification records are and how they have been preserved and managed, and proposed what issues have arisen at the record management level due to this change in the agency in charge of personnel verification, and how those issues should be resolved on a practical and institutional level.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.169-195
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• 2020

With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.