• 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.

• 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.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.2
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• pp.76-87
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• 2019

This study aims to analyze the status of the Gaetaesa Temple Site in Nonsan and the value of national cultural heritage associated with it, to work towards gaining the acceptance criteria to become state-designated cultural property and to propose a plan for comprehensive maintenance, a plan for the promotion of the project and a plan for the management and operation. The Gaetaesa Temple Site in Nonsan has unprecedented advancements, and the condition of the remains are relatively good. It would be necessary to conduct digging/excavation surveys continuously in the future and ensure the dignity of the Gaetaesa Temple Site in Nonsan as a cultural asset. In addition, the Gaetaesa Temple Site has excellent historical and cultural values as treasure-class cultural heritage. Most temples had treasures taken out of them, so it is necessary to designate this site as a state-designated cultural property instead of a municipality-designated cultural heritage site, and to manage it systematically. Accordingly, this study investigated the history and historical facts about the Gaetaesa Temple Site in Nonsan through the analysis of literature, including old documents, old maps, related academic papers and books, and referred to the results of digging/excavation surveys, conducted up to six times since the first excavation survey conducted in 1986, in order to understand the status of the remains, ruins and the building sites excavated at the Gaetaesa Temple Site in Nonsan. In addition, this study analyzed the values of the Gaetaesa Temple Site in Nonsan, dividing them into the remains, relics and ruins, and set up the scope of the Gaetaesa Temple Site in Nonsan, the cultural property area (designated and protected areas) and the acceptance criteria for the construction work in the historical and cultural environment preservation area. This study proposed a plan for the comprehensive maintenance of the Gaetaesa Temple Site in Nonsan, a plan for the promotion of the project and a plan for the management and operation. It is necessary to carry out ongoing excavation investigations and to reflect the opinions of the residents for the purchase of land, to supplement the comprehensive maintenance plan, business promotion and management plans, and step-by-step business plans should be established in detail.

• Korean Journal of Heritage: History & Science
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• v.45 no.4
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• pp.4-21
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• 2012

Jade ornaments, which include slit earrings, scoop-shaped objects and tubular beads have been extensively identified in Northeast Asia, such as Korea, China, Japan and the Maritime Province of Siberia. Among them slit earrings are distributed in the whole area of Northeast Asia. Although this object shows the typological differences in accordance with the excavated region in detail, all of them are characterised by the slit on the centre of jade ring. The buried context and the shape of this object suggest that this artefact was the earring; thus it is named to 'slit earring'. Most of slit earrings of the Neolithic Age concentrate in Northeast China and the areas south of the Yangtze River, and the Japanese Archipelago. However, unfortunately, Slit earrings, which were produced in the tradition of the incipient and early phases of the Neolithic Age in Northeast Asia, have not been excavated in the Korean Peninsula. The number of slit earrings reported so far is eight, and especially until the 20th century, almost none was reported with its exact excavation location and only three of them are known as excavated through surface surveys and preliminary excavations. However, from the beginning of the 21st century onwards, the number of discovered slit earrings is increasing. Particularly, five pieces of this object uncovered in the 21st century are discovered in the official excavation; thus the exact archaeological context such as buried locations and chronologies could be estimated. By considering the buried context, slit earrings are associated with stone axes, which were produced in the incipient and early phase of the Neolithic Age in the Korean Peninsula. In addition, considering the number of unearthed objects is a few, it could be postulate that slit earring was the artefact that only a few persons, who had a special role in the society, could possess. However, slit jade earrings that have been excavated in the Korean Peninsula are extremely low in their number compared to the cases of its neighbouring countries such as China and Japan, and the researches on this subject have not been much conducted in Korea. Therefore, it is my supposition that slit earrings, which have been discovered in the Korean Peninsula, might be the imported item from the nearby areas. Particularly, the Southern Coast was closely connected with Japanese Islands and the Eastern Coast was interchanged with Northeast China or the Maritime Province of Siberia. Considering that excavations and researches on the Neolithic remains in the Korean Peninsula have not been sufficiently and actively conducted, it could be expected that the further investigations and researches will reveal the sufficient quantities of slit earrings in near future.

• Economic and Environmental Geology
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• v.52 no.3
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• pp.251-258
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• 2019

During the detailed geological survey around the southern Yangsan Fault, we newly found a Quaternary fault outcrop, which cuts unconsolidated sediments. The fault named the Sinwoo site, located in the Sinwoo pasture, Miho-ri, Duseo-myeon, Ulsan metropolitan city, is the first discovered Quaternary fault near the western part of the south Yangsan Fault. In this study, we provide information on characteristics of fault geometry and unconsolidated sediment at Sinwoo site based on the analysis data of topography, drainage, and lineament around the study site. The fault site is situated at pediment slope, but fan-shaped middle terrace, as well as thick sediment exposed at low terrace, indicates that the unconsolidated sediments have been deposited in the alluvial fan environment. The drainage develops to the third-order drainage system, and the first and the second drainage system meet at right angles to each other and form a radial drainage pattern. In addition, the NE-SW direction lineaments can be identified on the basis of the curvature of the river and the step of the topographic relief, running over the Sinwoo site. The fault of $N30-35^{\circ}E/79-82^{\circ}SE$ shows ~ 5.8 m apparent vertical offset and dominantly reverse-slip sense based on slickenline, rotation of pebbles, and drag folding at footwall. However, some discontinuous sediments observed in the footwall are interpreted as fissure-filling materials due to the strike-slip movement. Now, we are under multidisciplinary investigations of additional field survey and age dating in order to determine the evolution of Sinwoo site fault during the Quaternary.

• Korean Journal of Heritage: History & Science
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• v.52 no.2
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• pp.38-61
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• 2019

Up until the early twentieth century in Germany, there were two research trends: 1) emphasizing objectives and making detailed observations of archaeological artifacts and sites, 2) tracing the remains of specific nations or ethnic groups and defining their temporal-spatial boundaries by conducting research on material culture in terms of nationalism or ethnocentrism. After the Second World War ended and Germany was divided, West German archaeology focused on observations of artifacts and sites, cataloging them, and doing research on chronology and distribution following their own traditional methodologies. East German archaeology attempted to prove the developing process of history and its Marxist principles based upon material culture and to examine the historic value of inherent specific cultural heritage based on criteria regarding how it corresponded to socialism and contributed to the development of socialism. Nevertheless, East and West German archaeology shared traditional archaeological methods inherited from German archaeology since the nineteenth century, and contact between archaeologists in West and East Germany continued to a degree. Furthermore, East German archaeology produced significant archaeological achievements acknowledged by West German and European archaeologists. These facts provided the momentum to complete rapid incorporation of the archaeologies of West and East Germany in spite of a one-sided process imposed by West German archaeology. In the case of Korea, it seems necessary to make an effort to share common research history and traditions and to encourage mutual academic exchange (e.g. joint excavation and archaeological research). Furthermore, it is also imperative to have open-minded attitudes toward accepting substantial results and interpretations achieved by North Korean archaeologists under scrutiny when and where necessary, despite seeming to have been fossilized by Marxism and Juche ideology. Any efforts to narrow the gap in archaeological research and conservation of cultural heritage between the archaeologies of South and North Korea should be made immediately. The case of Germany demonstrates how such a project could proceed efficaciously.

• Journal of the Society of Disaster Information
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• v.17 no.3
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• pp.442-453
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• 2021

Purpose: The objective of this study is to suggest desirable direction of Korean accident investigation organization by analyzing the operation status and way of overseas developed countries' investigation agency. Method: To accomplish the objective of this study, we were examined four main characteristics of accident investigation agencies of the U.S., Japan, and Sweden, focusing on (1); the background of the establishment, (2);organizational structure, (3);major tasks and functions, (4); accident investigation procedures. Result: First, the purpose of its establishment and task is to prevent recurrence of disasters and accidents, at the same time, administrating and researching duties such as legal system, policy, recommending improvement and conducting scientific disaster-cause analysis to contribute safety for the government. Second, it is operated as an independent organization under the president, not belonging to the ministry, in order to enable fair investigation in an impartial position. Third, it has the authority to be recognized for its expertise in the results of investigation. In other words, it is operated as a permanent organization with professional personnel, and secures authority through the accident research with indepth investigation and high-quality recommendations. Conclusion: The overseas investigation agencies rapidly manage and coordinate their operational practices in order to resolve national requirements and social conflicts with fairness, accuracy and expertise in accident investigations. In order to prevent the recurrence of similar events, Korea needs to efficiently reconstruct its investigative functions distributed by each government department. In addition, institutional improvement is needed to make general adjustments at the national level, organize and operate control tower for when the accident has happened.

• (The)Study of the Eastern Classic
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• no.71
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• pp.181-203
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• 2018

This study examined the structure that can explain the 'gewuzhizhi' as a medical research methodology and how to acquire knowledge from this structure. First, we derive a structure that implies the meaning of 'gewuzhizhi' shown in "Liji" and "daixue" in relation to "xueji" and "shaoyi". It is Xue- gewuzhizhi -'You(游)'. Then, we examined the purpose of the travelling Mt. Hua of Wang Lu, who was a landscape painter and medical researcher and physician and the implication of 'You' in Song Dynasty's painting theory of "Tuhua Jianwenzhi", "Linquan Gaozhi". In the course of the review, I explained the following. First, 'You' in the travelling Mt. Hua of Wang Lu and 'You' in the painting theories of Song Dynasty belongs to the structure of Xue- gewuzhizhi-'You'. Secondly, the meaning of 'gewuzhizhi' in the structure of Xue-gewuzhizhi-'You' was deepened in Song Dynasty. Third, The way in which the 'You' of the Song Dynasty's painting theory is to learn the reason of things is to observe things. Fourthly, the structure of the Xue-gewuzhizhi-'You' was practiced in the painting area in the Song Dynasty, and the field of practice was extended to the study of medicine by the landscape researcher who followed the painting theory of Song Dynasty. Fifth, through the assertion of Wang Lu's 'I take Mt. Hua as my teacher[師]', Wang Lu finds that the source of the recognition lies in nature(Mt. Hua). Through the above, 'gewuzhizhi' shown in "Liji" and "dai xue" is involved in the theory of cultivation and epistemology, and the structure of xue-gewuzhizhi- 'You' involved in epistemology and the method of recognition is found in observation. Through these investigations, I understood logically 'gewuzhizhi' as a method of medical research.

• Korean Journal of Heritage: History & Science
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• v.53 no.4
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• pp.60-77
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• 2020

An assumption can be made that, as a start point for the recognition and utilization of cultural heritage, the "choice" of such would reflect the cultural ideology of the ruling power at that time. This has finally been proved by the case of Korea in the 20th century. First, in the late Korean Empire (1901-1910), the prevailing cultural ideology had been inherited from the Joseon Dynasty. The main objects that the Joseon Dynasty tried to protect were royal tombs and archives. During this time, an investigation by the Japanese into Korean historic sites began in earnest. Stung by this, enlightened intellectuals attempted to recognize them as constituting independent cultural heritage, but these attempts failed to be institutionalized. During the 1910-1945 Japanese occupation, the Japanese led investigations to institutionalize Korean cultural heritage, which formed the beginning of the current cultural heritage management system. At that time, the historical investigation, designation, protection, and enhancement activities led by the Japanese Government-General of Korea not only rationalized their colonial occupation of Korea but also illustrated their colonial perspective. Korean nationalists processed the campaign for the love of historical remains on an enlightening level, but they had their limits in that the campaign had been based on the outcome of research planned by the Japanese. During the 1945-2000 period following liberation from Japan, cultural heritage restoration projects took places that were based on nationalist ideology. People intended to consolidate the regime's legitimacy through these projects, and the enactment of the 'Cultural Heritage Charter' in 1997 represented an ideology in itself that stretched beyond a means of promoting nationalist ideology. During the past 20 centuries, cultural heritage content changed depending on the whims of those with political power. Such choices reflected the cultural ideology that the powers at any given time held with regard to cultural heritage. In the background of this cultural heritage choice mechanism, there have been working trade-off relationships formed between terminology and society, as well as the ideological characteristics of collective memories. The ruling party has tried to implant their ideology on their subjects, and we could consider that it wanted to achieve this by being involved in collective memories related to traditional culture, so called-choice, and utilization of cultural heritage.

• Journal of the Korea Society of Computer and Information
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• v.27 no.1
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• pp.167-174
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• 2022

Since the Promotion Committee was established on March 25, 2021, urging the enactment of the Detective Business Act, many opinions and attention from all walks of life have been gathered. The Detective Business system, which is also one of the presidential pledges of the current 19th President Moon Jae In, is expected to be significant in that it can promote the development of a welfare state as well as efficient parts such as meeting the demand for security reinforcement services, improving the judicial system, and enhancing internationalization. In accordance with the consensus of the nine judges of the Constitutional Court that the lower part of Article 40 of the "Act on the Use and Protection of Credit Information" which prohibits the use of similar names such as investigating the general life of certain people does not violate the Constitution, detective work became possible regardless of the general life investigation. In particular, the detective job officially appeared on August 5, 2020, and it will be able to provide effective work services to the public by competing with prosecutors, police, and lawyers who have occupied exclusive positions in the field of a criminal investigations. However, although the role of detectives is gradually expanding and society is rapidly changing, illegal activities are prevalent throughout society, and more than 1,600 companies are currently operating suspiciously using the only name of "detectives", but the police are virtually letting go of the situation saying that they are "unauthorized.", and the damage is only going to the people, so at this point, the most worrisome thing is the absence of the law. Meanwhile, amid concerns over institutions overseeing illegal activities caused by the emergence of the detective industry, private security and detectives are similar to each other as in the United States, and it is expected to be able to gain public trust by entrusting the police in charge of managing and supervising private security companies. Therefore, at this time when most OECD countries except Korea legislate the Detective Business Act, prematurely allowing only the detective industry without enacting industry-related laws and systems can further fuel social confusion and hinder the detective industry along with the new fourth industry.