• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.203-234
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• 2019

The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.5
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• pp.456-467
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• 2019

The rapid aging of South Korea is causing difficulties in meeting the man-power demands for the increasing number of elderly nursing hospitals. To cope with this gap in supply and demand, more foreign workers are now being hired to provide elderly care services. The purpose of this study is to examine the influence of the quality of the care services provided by foreign caregivers in nursing hospitals for the elderly. For this purpose, the researcher surveyed 249 senior citizens who are receiving care services from Chinese-Korean caregivers in six elderly nursing hospitals in Seoul and Gyeonggi region. The data collected from the survey were analyzed through SPSS and AMOS. The result of the analyses showed that, first, the quality factors of the care services of the caregivers at elderly nursing hospitals, such as reliability, responsibility, empathy, formality, and expertise, all turned out to have a positive correlation with the trust in, satisfaction with, and intent to revisit the institute. Second, thefluencing factors for the qualities of the care services by Chinese-Korean care givers in elderly nursing hospitals included responsiveness, materiality, and expertise, while the factors that influenced satisfaction with significance included trust, materiality, and expertise. Also, the trust in and satisfaction with the institution both influenced the intent of revisit in a positive manner. Third, the indirect effect of trust in the relationship between the quality of the care services by the Chinese-Korean care givers and satisfaction, appeared in all independent variable except for responsiveness, which was a factor of the quality of the care services. And, it was also shown that the satisfaction level had an indirect effect in the relationship between trust and revisiting intent. The result of this study implicates that, in order to cause the quality of the care service by the Chinese-Korean care givers in elderly nursing hospitals to increase the revisit rate, it would be necessary to provide a strategy to increase the levels of trust and satisfaction through a higher quality level of care services.

• Journal of the Society of Cosmetic Scientists of Korea
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• v.45 no.2
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• pp.161-173
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• 2019

In this study, the antioxidative and inhibitory activity of tyrosinase and collagenase for the solvent extract and silica column fractions of Artocarpus nitidus were evaluated. The activities were quantified using the 4 parameter logistic. LC/MS analysis showed that the major component of the fractions was polyphenol and the total polyphenol content of the extract was $48.1{\pm}2.6mg\;GAE/g$. The radical scavenging activities ($SC_{50}$) for 1,1-diphenyl-2-picrylhydrazyl of the extract, fraction-1 and fraction-2 were 16.7, 42.0 and $10.1{\mu}g/mL$, respectively. The value for fraction-2 was the closest to ascorbic acid ($1.5{\mu}g/mL$). The tyrosinase inhibitory activity of the extracts and the fractions showed $IC_{50}$ of 64.9, 0.9 and $1.2{\mu}g/mL$, respectively, and overall activity was higher than that of kojic acid ($7.4{\mu}g/mL$) and arbutin ($119.0{\mu}g/mL$). In the experiment by zebrafish embryo, the whitening activity of fraction-2 (27.5%) was higher than that of kojic acid (18.6%), and there was no adverse effect up to $500{\mu}g/mL$ of fraction-2. For the collagenase inhibitory activity, the samples showed $IC_{50}$ of 139.8, 20.6, and $16.8{\mu}g/mL$, respectively, which were competitive to 1, 10-Phenanthroline ($55.4{\mu}g/mL$). The extract and fraction-2 showed $IC_{50}$ of 61.8 and $67.1{\mu}g/mL$ for elastase. These results suggest that A. nitidus extract can be used as a cosmetic material useful for antioxidant, whitening, and prevention of skin aging without adverse effects.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.315-343
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• 2018

In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.235-268
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• 2019

Under the Aviation Safety Act of Korea, any person who intends to operate a drone is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of drones in the daytime, (ii) Operation of drones within Visual Line of Sight, (iii) Maintenance of a certain operating distance between drones and persons or properties on the ground/ water surface, (iv) Do not operate drones over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by drone, (vi) Do not drop any objects from drones. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes legal issues as to definition and regulations of drones in Korean Aviation Safety Act. This paper, also, offers some implications and suggestions for regulations of drones under Korean Aviation Safety Act by comparing the regulations of drones in Japanese Civil Aeronautics Act.

• Journal of Environmental Science International
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• v.28 no.1
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• pp.7-18
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• 2019

This study aimed to assess the impact of livestock excreta discharged from an Intensive Livestock Farming Area (ILFA) on river water quality during a rainfall event. The Bangcho River, which is one of the 7 tributaries in the Cheongmi River watershed, was the study site. The Cheongmi River watershed is the second largest area for livestock excreta discharge in Korea. Our results clearly showed that, during the rainfall event, the water quality of the Bangcho River was severely deteriorated due to the COD, $NH_4-N$, T-N, $PO_4-P$, T-P, and heavy metals (Cu, Zn, and Mn) in the run-off from nearby farmlands, where the soil comprised composted manure and unmanaged livestock excreta. In addition, stable isotope analysis revealed that most of nitrogen ($NH_4-N$ and $NO_3-N$) in the run-off was from the ammonium and nitrate in the livestock excreta. The values of ${\delta}^{15}N_{NH4}$ and ${\delta}^{15}N_{NO3}$ for the Bangcho River water sample, which was obtained from the downstream of mixing zone for run-off water, were lower than those for the run-off water. This indicates that there were other nitrogen sources upstream river in the river. It was assumed from ${\delta}^{15}N_{NH4}$ and ${\delta}^{15}N_{NO3}$ stable isotope analyses that these other nitrogen sources were naturally occurring soil nitrogen, nitrogen from chemical fertilizers, sewage, and livestock excreta. Therefore, the use of physicochemical characteristics and nitrogen stable isotopes in the water quality impact assessment enabled more effective analysis of nitrogen pollution from an ILFA during rainfall events.

• Journal of Korean Tunnelling and Underground Space Association
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• v.20 no.6
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• pp.1125-1146
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• 2018

Segment lining applied to the TBM tunnel is mainly made of concrete, and it requires sufficient structural capacity to resist loads received during the construction and also after the completion. When segment lining is design to the Limit State Design, both Ultimate Limit State (ULS) and Service Limit State (SLS) should be met for the possible load cases that covers both permanent and temporary load cases - such as load applied by TBM. When design segment lining, it is important to check structural capacity at the joints as both temporary and permanent loads are always transferred through the segment joints, and sometimes the load applied to the joint is high enough to damage the segment - so called bursting failure. According to the various design guides from UK (PAS 8810, 2016), compression stress at the joint surface can generate bursting failure of the segment. This is normally from the TBM's jacking force applied at the circumferential joint, and the lining's hoop thrust generated from the permanent loads applied at the radial joint. Therefore, precast concrete segment lining's joints shall be designed to have sufficient structural capacity to resist bursting stresses generated by the TBM's jacking force and by the hoop thrust. In this study, bursting stress at the segment joints are calculated, and the joint's structural capacity was assessed using Leonhardt (1964) and FEM analysis for three different design cases. For those three analysis cases, hoop thrust at the radial joint was calculated with the application of the most widely used limit state design codes Eurocode and AASHTO LRFD (2017). For the circumferential joints bursting design, an assumed TBM jack force was used with considering of the construction tolerance of the segments and the eccentricity of the jack's position. The analysis results show reinforcement is needed as joint bursting stresses exceeds the allowable tensile strength of concrete. This highlights that joint bursting check shall be considered as a mandatory design item in the limit state design of the segment lining.

• International Area Studies Review
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• v.22 no.3
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• pp.121-148
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• 2018

This paper examines the role of accounting conservatism on investment expenditure for non-financial Korean listed firms around the 2007-2008 global financial crisis using a differences-in-differences design. Specifically, this paper examines the association between an ex ante classification of firms by their level of accounting conservatism prior to the credit crisis and the ex post magnitude of the decline in investment. Consistent with prior literature, this study found that firms experienced a decline in their investment when hit by the financial crisis (Campello et al. 2010). And also this study found that firms with more conservative financial reporting experienced a smaller decline in investment activity following the financial crisis than did firms with less conservative financial reporting. Together, the results suggest that negative shocks to the supply of external finance hampers firm-level investment and that conservative financial reporting can lessen the sensitivity of firms' investment to such negative shocks. Next, this study shows that the magnitude of our findings is greater for firms more likely to suffer from underinvestment (as opposed to overinvestment). Firms that are financially constrained or have greater demand for external finance are more likely to experience underinvestment. Consistent with the predictions, this study finds stronger benefits of conservatism for firms that face relatively greater costs in raising external capital (i.e., financially constrained firms) or that have a relatively greater need to do so (i.e., firms that lack internal financial resources). This study also finds that the role for conservatism is greater in firms with a higher level of information asymmetry, consistent with the notion that conservatism mitigates financing frictions arising from information problems.

• Journal of Climate Change Research
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• v.2 no.1
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• pp.55-68
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• 2011

The Intergovernmental Panel on Climate Change(IPCC) has identified the causes of climate change and come up with measures to address it at the global level. Its key component of the work involves developing and assessing future climate change scenarios. The IPCC Expert Meeting in September 2007 identified a new greenhouse gas concentration scenario "Representative Concentration Pathway(RCP)" and established the framework and development schedules for Climate Modeling (CM), Integrated Assessment Modeling(IAM), Impact Adaptation Vulnerability(IAV) community for the fifth IPCC Assessment Reports while 130 researchers and users took part in. The CM community at the IPCC Expert Meeting in September 2008, agreed on a new set of coordinated climate model experiments, the phase five of the Coupled Model Intercomparison Project(CMIP5), which consists of more than 30 standardized experiment protocols for the shortterm and long-term time scales, in order to enhance understanding on climate change for the IPCC AR5 and to develop climate change scenarios and to address major issues raised at the IPCC AR4. Since early 2009, fourteen countries including the Korea have been carrying out CMIP5-related projects. Withe increasing interest on climate change, in 2009 the COdinated Regional Downscaling EXperiment(CORDEX) has been launched to generate regional and local level information on climate change. The National Institute of Meteorological Research(NIMR) under the Korea Meteorological Administration (KMA) has contributed to the IPCC AR4 by developing climate change scenarios based on IPCC SRES using ECHO-G and embarked on crafting national scenarios for climate change as well as RCP-based global ones by engaging in international projects such as CMIP5 and CORDEX. NIMR/KMA will make a contribution to drawing the IPCC AR5 and will develop national climate change scenarios reflecting geographical factors, local climate characteristics and user needs and provide them to national IAV and IAM communites to assess future regional climate impacts and take action.

• International Area Studies Review
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• v.21 no.4
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• pp.41-63
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• 2017

FDI can either be absorbed in the production cycle with domestic investment and create an inducement effect or it can remain as an exogenous factor and increase the volatility of GDP. The purpose of this paper is to research these different impacts that FDI could have. For that, the endogenous growth theory was employed. The statistic method used are the panel model for sectoral analysis, and GARCH model and VAR for time series analysis. Myanmar was selected as this paper's research subject because it is one of countries which had a colossal amount of FDI inflow recently. The panel analysis did not confirm the causality between sectoral FDI and sectoral GDP. The reason for this could be in the lack of data, since sectoral data exists yearly only during 2006-2016. Therefore this study conducted the times series analysis. According to the results, during 2006 until 2010, it showed signs of GARCH but the effect of FDI on GDP was nonexistent, which means FDI was not integrated into the domestic production cycle but stayed in residual terms. During 2011 to 2016, FDI seemed to affect the growth of Myanmar's GDP. The estimation confirmed the existence of GARCH and the Granzer causality test confirmed that FDI influenced the GARCH, which signified FDI increased the volatility of GDP. The VAR analysis showed responses of GDP to FDI was small(about 0.0007). This research assumes that FDI can be divided in two parts: one part which can be assimilated in the domestic production cycle and the other where it stays outside of the production cycle. The former creates production inducement effect and the latter only increases the volatility of GDP. According to this study, the latter outweighs the former impact in Myanmar.