• 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.

• Journal of Korean Public Health Nursing
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• v.9 no.1
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• pp.17-32
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• 1995

The purpose of this study was to improve upon school health by understanding the present status of school health and escpecially to investigate the performance rate of regular health instruction. 261 schools, including middle and high schools enrolled in the Busan Educational Association, were sent Questionnaires. Data was collected from the 25th of January to the 10th of April, 1994. 229 subjects who responded to the Questionnaires were finally analyzed as samples. Among them, 127 were school nurses and 102 were teachers acting in a school health capacity. The results of this study are summerized as follows: Of the teachers holding additional school health responsibilities, $85.6\%$ worked in private schools. Many of them $(74.5\%)$ were formally dissatisfied with their ability to provide care because $85.3\%$ of them had never studied any school health. Some of them$(30.4\%)$ didn't know about the annual school nursing budget and $23.5\%$ of them hadn't taught any health education to students. In spite of this fact, they were placed in charge of a school health activity against their own will. There were statistically significant differences in the performance of school health affairs between nurses and teachers holding additional school health (p<0.001) as follows: annual school nursing budget, Health Program Planning and Evaluation, annual purchase price for medicines, average students cared for per day, average students who held at least one consultation per month and extra. Surely, the self-confidence of school nurses was higher than that of teachers with school health as an assigned responsibility. This was demonstrated by a significant statistical difference (p<0.01) in the responses by the two groups. $88.2\%$ of the school nurses and $73.5\%$ of teachers for school health thought that regular health instruction was necessary. But regular health education had been performed only by $32.8\%$ of respondents. Among them, 84% were school nurses and $16\%$ were teachers holding additional school health. Of the persons who performed regular health education, $69.3\%$ used less than $60\%$ of the health content of the athletic textbook. And $64\%$ of them said teaching materials were insufficient. Most of them $(69.4\%)$used home made lesson plans. which they compiled from various sources. There was a significant difference in the formality of the health lesson according to the concern of the school principal (p<0.01) and there was a significant difference in performing health education between school nurses and teachers holding additional school health (p<0.001) It appears that there are a lot of problems with providing school health care using people who are untrained. In a word, school health nurses with professional training are needed in order to perform the qualitative management for the health of the students. These days, regular health education is an indispensable part in making students improve their self-care abilities. Therefore a more effective and better defined program should be prepared for regular systematic health education. To resolve these problems, present laws and regulations related to school health should be revised considering the specialist's request for the improvement of school health. In addition, the concern and financial support of the government are essential.

• Journal of the Korea Convergence Society
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• v.8 no.8
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• pp.355-363
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• 2017

Jeju-do was designated as the 'first horse industry special zone' in 2014, followed by additional designation of horse industry special zones in Icheon, Yongin of Gyeonggi-do and Gyeongsangbuk-do in 2015. As a result, horses have become no more synonymous with Jeju-do. Jeju-do may see its competitive edge becoming blunt, compared to other local governments, due to its environmental characteristics and accessibility. The Korean proverb, "Send people to Seoul and horses to Jeju-do", has become an old saying that does not match reality. However, Jeju-do, designated as the first horse industry special zone, is expected to play a leading role in cultivation of domestic horse industry and faces a challenge of creating exemplary cases of success in transforming horse industry into the senary (6th) industry. In addition, KRW 114.2 billion is planned to be invested into 35 projects covering 9 sectors, including supply of elite domestic racing horses, expansion of demand basis for horse-riding, cultivation of horse meat industry, etc., by 2017 as envisioned by the horse industry special zone promotion plan. Despite expansion of facilities and demand base for horse-riding, those at the sites point out that government support at policy level has not come home to their hearts and criticism has been mounting that project efficiency remains low. Factors hindering the growth of horse industry, which have come to the fore, include inadequate supply of horse-riding facilities, limitation to expansion of demand for horse-riding, etc., due to excessive regulation. Advancement of horse industry requires wide-ranging deregulation on investment related to horse industry, including horse breeding and horse-riding facility installation, etc. Regulation which is deemed to be the biggest stumbling block to advancement of horse industry is related to the regulation requiring formation of farmland at horse-riding facilities in farming and fishery villages. Along with improvement in such regulations, horse-riding facilities without license should be legalized to promote qualitative growth of horse-riding industry. Moreover, efforts should be made to develop and deploy instructors with horse-riding license in order to develop horse-riding into a full-fledged leisure beyond simple experience auxiliary to tourism, thus ensuring that people can enjoy leisure style horse-riding regularly in safe and healthy manners. It would be necessary to add fresh momentum into efforts to turn Jeju-do into the hub of well-being leisure horse-riding by pooling our wisdom.

• Journal of Korea Technology Innovation Society
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• v.13 no.1
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• pp.68-98
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• 2010

This study was conducted to analyze the results of the implementation of next-generation growth engine program that was promoted across all government agencies for five years from 2004 as part of a range of initiatives aimed at expanding the nation's economic growth potential. The results were analyzed in this study using five indices: program purpose and design; strategic planning; program management; program results; and pan-governmental agency cooperation and coordination. The results of the study include the following. First, regarding program purpose and design, it was found that consistent leadership in the promotion of the programs was insufficient as the relevant program promotion systems and financial resources were dispersed among governmental agencies, even though the objectives and validity of the programs were recognized. Second, with regard to strategic planning, it was found that although the program objectives and technical development strategy had been established at the beginning of the program, they were biased toward the technical objectives and mainly implemented by the technology suppliers. Third, regarding program management, it was found that the responsibility for general administration, ranging from task planning to policy improvement, was given to the appointed program director but that the system of cooperation among the agencies was insufficient to carry out the relevant tasks. Fourth, regarding the results of the program, it was difficult to understand the results consistently as the economic objectives were not clearly presented, even though the technical objectives were achieved despite the short implementation period of the program. Fifth, with regard to pan-governmental agency cooperation and coordination, it was found that the coordination organization whose remit was to implement the program was established pursuant to the Basic Law on Science and Technology, but that no detailed regulations or guidelines on the operation of the organization were drawn up. To efficiently plan and execute future pan-governmental agency R&D programs that are similar to the next-generation new growth engine program, various requirements should be met, namely, 1) joint planning and consistent program design among governmental agencies, 2) clarification of the program objectives and budget allocation system, 3) establishment of a pan-governmental agency program operation and assessment system, 4) formulation of a strategy for linking R&D with standardization, and 5) enactment of pan-governmental agency joint operation rules.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.67-95
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• 2014

Some Contracting States of the Chicago Convention issue FAOC(Foreign Air Operator Certificate) and conduct various safety assessments for the safety of the foreign operators which operate to their state. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident. FAOC also burdens the other contracting States to the Chicago Convention due to additional requirements and late permission. EASA(European Aviation Safety Agency) is a body governed by European Basic Regulation. EASA was set up in 2003 and conduct specific regulatory and executive tasks in the field of civil aviation safety and environmental protection. EASA's mission is to promote the highest common standards of safety and environmental protection in civil aviation. The task of the EASA has been expanded from airworthiness to air operations and currently includes the rulemaking and standardization of airworthiness, air crew, air operations, TCO, ATM/ANS safety oversight, aerodromes, etc. According to Implementing Rule, Commission Regulation(EU) No 452/2014, EASA has the mandate to issue safety authorizations to commercial air carriers from outside the EU as from 26 May 2014. Third country operators (TCO) flying to any of the 28 EU Member States and/or to 4 EFTA States (Iceland, Norway, Liechtenstein, Switzerland) must apply to EASA for a so called TCO authorization. EASA will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by the national authorities. A 30-month transition period ensures smooth implementation without interrupting international air operations of foreign air carriers to the EU/EASA. Operators who are currently flying to Europe can continue to do so, but must submit an application for a TCO authorization before 26 November 2014. After the transition period, which lasts until 26 November 2016, a valid TCO authorization will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State. The European TCO authorization regime does not differentiate between scheduled and non-scheduled commercial air transport operations in principle. All TCO with commercial air transport need to apply for a TCO authorization. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorization in due course, even when the date of operations is unknown. For all the issue mentioned above, I have studied the function of EASA and EU Regulation including TCO Implementing Rule newly introduced, and suggested some proposals. I hope that this paper is 1) to help preparation of TCO authorization, 2) to help understanding about the international issue, 3) to help the improvement of korean aviation regulations and government organizations, 4) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.