• 제목/요약/키워드: goal-regulation

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Compensation for flight delay and Regulation (EC) No. 261/2004 - Based on recent cases in Royal Courts of Justice - (항공기 연착과 Regulation (EC) No. 261/2004의 적용기준 - 영국 Royal Courts of Justice의 Emirates 사건을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.3-31
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    • 2017
  • On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

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A Study on the Improvement of On-board Training Program through the Analysis of Satisfaction Level

  • Kim, Hong-Ryeol;Kim, Bu-Gi
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.19 no.3
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    • pp.270-276
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    • 2013
  • The educational process and result of onboard training should be evaluated according to the 1995 Amendments to the International Convention on Standards of Training, Certification and Watch-keeping for seafarers(STCW), 1978. In particular, the revised Convention requires that a trainee's seagoing service must be recorded in each cadet's Training Record Book approved by the maritime administration responsible for the issuance of certificates of competency. Trainees for certification under regulation III/1 of the STCW Convention are required to complete an approved on-board training programme. The purpose of this paper is to understand the compliance of the education for an approved on-board training programme. The questionnaire was distributed among 110 cadets being trained on board the training ship of the maritime college of the Mokpo National Maritime University. In this study, we conducted the questionnaire survey which is related to the on-board training programme such as marine engineering; controlling the operation of the ship and care for persons on board; electrical, electronic and control engineering; etc. The survey revealed that onboard training program was normally satisfactory, however, lack of practical training tools and time have accounted for most of the reasons for dissatisfaction. Therefore, it is our goal to enhance the satisfactory value of onboard training education by analyzing the reason of the dissatisfaction.

The Effects of Components of Social Information Processing and Emotional Factors on Preschoolers' Overt and Relational Aggression (사회정보처리 구성요소와 정서요인이 유아의 외현적 공격성과 관계적 공격성에 미치는 영향)

  • Choi, In-Suk;Lee, Kang-Yi
    • Korean Journal of Child Studies
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    • v.31 no.6
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    • pp.15-34
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    • 2010
  • The present study examines the sex differences in 5-year-old preschoolers' aggression according to the type of aggression (overt, relational) and the effect of components of social information processing (SIP : interpretation, goal clarification, response generation, response evaluation) and emotional factors (emotionality, emotional knowledge, emotion regulation) on their aggression. The subjects were 112 5-year-olds (56 boys, 56 girls) and their 11 teachers recruited from 9 day-care centers in Seoul and Kyung-Ki province. Each child's SIP and emotional knowledge were individually assessed with pictorial tasks and teachers reported on children's aggression, emotionality, and emotion regulation by questionnaires. Results indicated that there was a significant sex difference only in the preschoolers' overt aggression. Overtly aggressive response generation in SIP was the strongest predictor of preschoolers' overt aggression while anger of negative emotionality in emotional factors was the strongest predictor of preschoolers' relational aggression.

Trend of Dispute on the Right to Be Forgotten and Acceptance Task of Internet Laws in Korea (잊혀질 권리의 논의 동향과 우리나라 인터넷 법제의 수용과제)

  • Chung, Sang-Ki;Kim, Kyung-Yeol
    • Journal of Information Technology Services
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    • v.12 no.1
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    • pp.131-141
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    • 2013
  • Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.

A Study on Trends and Validities of Regulation Policy of the Tobacco Industry for the National Health Promotion - Focusing on U.S. Family Smoking Prevention And Tobacco Control Act - (국민건강증진을 위한 담배사업 규제정책의 동향과 타당성 검토 -미국, '가족 흡연 예방 및 담배규제 법'(Family Smoking Prevention and Tobacco Control Act)을 중심으로-)

  • Choi, Ho-Young;Song, Ki-Min
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.317-338
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    • 2011
  • The World Health Organization (WHO) tries to accomplish the goal of 'smoke free society', and developed countries regard the nicotine as an addictive drug. In order to better protect human health, all parties are required to adopt and implement effective legislative, executive, administrative or other measures for tobacco control in accordance with Article 4 the Framework Convention on Tobacco Control (FCTC). In order to achieve the objective of the FCTC and its protocols and to implement its provisions, Korea need to take an attention on the U.S. Family Smoking Prevention And Tobacco Control Act of 2009 and Final Rule. It is need to integrate and centralize of tobacco safety administration and smoking prevention for the national health promotion.

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A Basic Study on the Evacuation Safety Performance of High-rise Apartment Building (고층 공동주택의 피난성능에 관한 기초적 연구)

  • 이용재
    • Fire Science and Engineering
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    • v.15 no.1
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    • pp.75-83
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    • 2001
  • It has been recognized that the evacuation planning is very important for effective evacuation of occupants on fire event. However the present evacuation planning and regulation for fire safety usually tend to meet the minimum requirements based on the existing laws and regulations. The ultimate goal of the evacuation planning is evacuate occupants rapidly from building fires to the safe areas. In this study, First, analyzed occupants load density and occupants characteristics in high-rise apartment buildings, Second, A evacuation safety performance of high-rise apartment buildings was analyzed with various typical floor plans. The purpose of this study is to figure out the evacuation characteristics in high-rise apartment buildings and improve countermeasure through comparative study on the Evacuation regulation and floor plans for High-rise Apartment buildings.

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Effect of Thyroid Hormone on the Gene Expression of Myostatin in Rat Skeletal Muscle

  • Ma, Yi;Chen, Xiaoqiang;Li, Qing;An, Xiaorong;Chen, Yongfu
    • Asian-Australasian Journal of Animal Sciences
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    • v.22 no.2
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    • pp.275-281
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    • 2009
  • Modification of thyroid hormone levels has a profound effect on skeletal muscle differentiation, predominantly through direct regulation involving thyroid hormone receptors. Nevertheless, little is known about the regulation of myostatin gene expression in skeletal muscle due to altered concentrations of thyroid hormone. Thus, the goal of our study was to find out whether altered thyroid states could change the gene expression of myostatin, the most powerful inhibitor of skeletal muscle development. A hyperthyroid state was induced in rats by daily injections of L-thyroxine 20 mg/100 g body weight for 14 days, while a hypothyroid state was induced in another group of rats by administering methimazole (0.04%) in drinking water for 14 days. After a period of 14 days of L-thyroxine treatment we observed a significant increase of myostatin expression both in mRNA and protein level. However, decreased expression of myostatin mRNA and protein were observed in hypothyroid rats. Furthermore, our studies demonstrated that the upregulation of myostatin gene expression might be responsible for the loss of body weight induced by altered thyroid hormone levels. We concluded that myostatin played a role in a metabolic process in muscle that was regulated by thyroid hormone.

A Study on the Parking Demand of Public Sized Apartments - Focused on Apartments at Chil-Gok Area in Daegu - (국민주택규모 아파트단지의 주차수요에 관한 연구 - 대구광역시 칠곡지구를 중심으로 -)

  • 박찬돈;박몽섭;하재명
    • Journal of the Korean housing association
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    • v.14 no.6
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    • pp.41-50
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    • 2003
  • The parking problem is caused by the parking demand. The ratio of parking demand at multi-family housing sites has been increased significantly, therefore several parking problems have occurred. The goal of this study is to investigate the parking demand per housing size of public-sized apartments, and to prepare that with the architectural regulations about parking supply. According to the results of this study, the parking demand of the small size housing unit(exclusive size:60 $m^2$ below) shows 1.09 car per the unit. and that of the medium size housing unit(exclusive size:60 $m^2$ over 85 $m^2$ below) shows 1.34 car per the unit. The parking demand of the small size housing unit was exceeded 56% more than the legal supply limit, and the parking demand of the medium size housing unit was exceeded 34% more. It is means that the level of architectural regulation about parking supply was not enough than the parking demand. So, it needs recon-sideration about the architectural regulations of parking supply.

Expression of vascular endothelial growth factor in oral squamous cell carcinoma

  • Kim, Seok-Kon;Park, Seung-Goo;Kim, Kyung-Wook
    • Journal of the Korean Association of Oral and Maxillofacial Surgeons
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    • v.41 no.1
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    • pp.11-18
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    • 2015
  • Objectives: The goal of this study was to determine the correlation of clinicopathological factors and the up-regulation of vascular endothelial growth factor (VEGF) expression in oral squamous cell carcinoma. Materials and Methods: Immunohistochemical staining of VEGF and quantitative real-time polymerase chain reaction (RT-PCR) of VEGF mRNA were performed in 20 specimens from 20 patients with oral squamous cell carcinoma and another 20 specimens from 20 patients with carcinoma in situ as a controlled group. Results: The results were as follows: 1) In immunohistochemical study of poorly differentiated and invasive oral squamous cell carcinoma, high-level staining of VEGF was observed. Significant correlation was observed between immunohistochemical VEGF expression and histologic differentiation, tumor size of specimens (Pearson correlation analysis, significance r>0.6, P<0.05). 2) In VEGF quantitative RT-PCR analysis, progressive cancer showed more VEGF expression than carcinoma in situ. Paired-samples analysis determined the difference of VEGF mRNA expression level between cancer tissue and carcinoma in situ tissue, between T1 and T2-4 (Student's t-test, P<0.05). Conclusion: These findings suggest that up-regulation of VEGF may play a role in the angiogenesis and progression of oral squamous cell carcinoma.

Creative Work and Gender : A study of Women Creator's Work Experience in Advertising Agencies and Their Problem (크리에이티브 작업과 젠더 연구: 여성 광고제작자의 인식 및 업무특성을 중심으로)

  • CHUNG, SUNG HYE
    • (The) Korean Journal of Advertising
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    • v.29 no.4
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    • pp.131-157
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    • 2018
  • This study explores the characteristics and discourse of creative work in advertising and investigates women's work experience and their problem. This will reconfirm the characteristics of advertising as creative labour. For this, it conducts in-depth interviews and analyzes them through a theoretical detour and a thick description. The study found the dominant discourse that creativity is their duty and ultimate goal. This dominant discourse makes the gendering of creative roles and representation languished. In spite of this, female creators with parenting have difficulty in reducing work ability, because conflicting identities weaken their self-regulation. This means that advertising is 'self-regulationized' labour.