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A Study on aircraft ownership and air business control requirement in Korea (항공운송사업자의 국적 제한에 관한 고찰)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.147-174
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    • 2018
  • The air transportation industry is a field where control and interference of the state are generalized compared to other industries. However, the premise for national intervention in the air transportation industry is the determination of the nationality of the aircraft or airline company concerned. This is because it is necessary to clarify the distinction between the domestic and foreign carriers so that they can exercise airspace sovereignty. The purpose of this paper is to compare the current status and contents of Korean law and regulations on the determination of nationality with the foreign legal system. To this end, the starting point of the discussion is to look at the history of nationality restrictions on the US air transport industry and the issues that arise in the content and operation of the system today. In addition, this paper examined the provisions of the Japanese aviation law, which is very similar to that of Korea, and then compared the current legal provisions of the United States, Japan and Korea. As a conclusion, this paper sought the direction of revision of the Korean law on the basis of the foreign status of the restriction of nationality in the air transportation industry. Compared with our law, the US and Japan are generally regarded to be more concerned with the contents of their own airline companies than those of foreigners or non-citizen. In spite of the fact that there are many laws and regulations in the United States regarding the de facto dominance of domestic airline companies by foreigners, there have been a lot of controversies in this matter. By the way, Japan has been stipulating regulations on holding companies and affiliated companies. In the global era, it would be meaningful to check the status of the nationality restrictions in the aviation industry, which is based on internationality. I hope that this study will be able to build a legal institutional basis for Korea's aviation industry development from a reasonable protectionist point of view rather than a narrow nationalism in a rapidly changing era.

A Study on the Utilization of Naval Personnel According to Characteristics of New Generations: Discussion from the Perspective of Generation Z, a Newly Emerging Generation (신세대의 특성에 따른 해군 인력 활용의 과제 - 또 다른 신세대, Z세대 관점에서의 고찰)

  • Min, Seung-Un;Kim, Seong-Yeol
    • Maritime Security
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    • v.4 no.1
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    • pp.57-82
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    • 2022
  • The objective of this treatise is to explore the limitations of the current navy manpower utilization system and the ways to improve it from the perspective of Generation Z. As Generation Z, following Millennials, has finally come of age, this new group is constituting a gradually greater proportion of military personnel. Due to the typical characteristics of naval operations, the harmony between Millennials and Generation Z, which is differentiated from Generation X in view of dispositions and traits, is one of the essential issues to be discussed. Generally, in a naval vessel, there are numerous pieces of equipment necessary to carry out a wide range of missions and a large number of crew members who operate them with consistent levels of fighting power. This is all while members are living together within the narrow space throughout the 24 hours of each day. Under such particular circumstances, any inter-generational conflicts may have a disruptive effect on the successful accomplishment of naval missions. Currently, new generations of military personnel are facing social difficulties in different aspects compared with the previous generations, and also have different viewpoints on the military. In this regard, in order to foster true harmony between generations, it is considered necessary to take a closer look at the inter-generational differences from their respective standpoints and to examine whether the military organization has taken adequate steps to respond to such changes. Accordingly, Chapters 1 and 2 cover the environments in which Millennials and Generation Z were raised during their childhood to young adulthood, which are distinct from those of older generations, their viewpoints formed based on such backgrounds, and the need to resolve various conflicts between generations. In Chapter 3, the current actions taken by overseas military powers to enhance the coexistence with Generation MZ are analyzed to find the significant implications they had. Chapter 4 examines the operation environments specific to the navy; identifies the potential barriers to achieving harmony between generations by assessing the current status of personnel utilization in the Korean navy in terms of the seaman, petty officer, and the officer, as well as policy; and outlines the solutions to drive harmony. Finally, Chapter 5 emphasizes the need to establish a genuine empathy between generations based on the understanding of unique inter-generational characteristics. This section also discusses the importance of addressing difficulties in utilizing technology-centered naval manpower, and forecasts a scenario of a naval organization that resolves the problem of utilizing naval personnel and the inter-generational conflicts in the future.

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The Haptic Perception Aspect shown in Landscape Architecture before Modernism - Focused on Historical Development Process - (모더니즘 이전 조경에 나타난 촉지적 지각 양상 - 역사적 전개 과정을 중심으로 -)

  • Kim, Jin-Seob;Kim, Jin-Seon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.43 no.4
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    • pp.1-14
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    • 2015
  • In the West, of the body's five senses sight is considered the most important but Ocular-centralistic thinking contains many issues. Privileging the subject and inhibiting interaction with the other senses, Ocular-centrism limits the experience of the world to the visual area. However, experiences can be understood as 'touching' various forms and are related to touch. With the heightened interest in the multi-sensuous side of the body contrary to Ocular-centrism, the intervention of the body in the external space has become an important issue in modern landscape architecture. This study explores the possibility of the haptic perception system that causes the active experience of a subject. Haptic perception plays a catalytic role leading an active experience of the subject and the subject experiences a sense of place through such haptic perception. By revealing what was known through the sense of touch through the concurrency and interaction of the various senses, haptic perception draws active participation The haptic perception system has been studied in various fields but has not been studied in the field of landscape architecture. Thus, this study discusses the aspect of haptic perception limited to landscape architecture shown before modernism. In a discussion on haptic perception, the concept of haptic perception is clarified through previous study reviews and literature and the characteristics of haptic perception are derived. Then, the problems of the Ocular-centrism system and the need for haptic perception are discussed. In the historical development process of haptic perception, the change process of the scopic regime is examined chronologically and the ways in which Ocular-centralistic thinking and anti-Ocular-centralistic thinking have been projected on the architecture and landscape architecture of each age are studied via literature and cases studies. The impact of the scopic regime on the landscape architecture field in the historical change process is examined.

The Need for Paradigm Shift in Semantic Similarity and Semantic Relatedness : From Cognitive Semantics Perspective (의미간의 유사도 연구의 패러다임 변화의 필요성-인지 의미론적 관점에서의 고찰)

  • Choi, Youngseok;Park, Jinsoo
    • Journal of Intelligence and Information Systems
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    • v.19 no.1
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    • pp.111-123
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    • 2013
  • Semantic similarity/relatedness measure between two concepts plays an important role in research on system integration and database integration. Moreover, current research on keyword recommendation or tag clustering strongly depends on this kind of semantic measure. For this reason, many researchers in various fields including computer science and computational linguistics have tried to improve methods to calculating semantic similarity/relatedness measure. This study of similarity between concepts is meant to discover how a computational process can model the action of a human to determine the relationship between two concepts. Most research on calculating semantic similarity usually uses ready-made reference knowledge such as semantic network and dictionary to measure concept similarity. The topological method is used to calculated relatedness or similarity between concepts based on various forms of a semantic network including a hierarchical taxonomy. This approach assumes that the semantic network reflects the human knowledge well. The nodes in a network represent concepts, and way to measure the conceptual similarity between two nodes are also regarded as ways to determine the conceptual similarity of two words(i.e,. two nodes in a network). Topological method can be categorized as node-based or edge-based, which are also called the information content approach and the conceptual distance approach, respectively. The node-based approach is used to calculate similarity between concepts based on how much information the two concepts share in terms of a semantic network or taxonomy while edge-based approach estimates the distance between the nodes that correspond to the concepts being compared. Both of two approaches have assumed that the semantic network is static. That means topological approach has not considered the change of semantic relation between concepts in semantic network. However, as information communication technologies make advantage in sharing knowledge among people, semantic relation between concepts in semantic network may change. To explain the change in semantic relation, we adopt the cognitive semantics. The basic assumption of cognitive semantics is that humans judge the semantic relation based on their cognition and understanding of concepts. This cognition and understanding is called 'World Knowledge.' World knowledge can be categorized as personal knowledge and cultural knowledge. Personal knowledge means the knowledge from personal experience. Everyone can have different Personal Knowledge of same concept. Cultural Knowledge is the knowledge shared by people who are living in the same culture or using the same language. People in the same culture have common understanding of specific concepts. Cultural knowledge can be the starting point of discussion about the change of semantic relation. If the culture shared by people changes for some reasons, the human's cultural knowledge may also change. Today's society and culture are changing at a past face, and the change of cultural knowledge is not negligible issues in the research on semantic relationship between concepts. In this paper, we propose the future directions of research on semantic similarity. In other words, we discuss that how the research on semantic similarity can reflect the change of semantic relation caused by the change of cultural knowledge. We suggest three direction of future research on semantic similarity. First, the research should include the versioning and update methodology for semantic network. Second, semantic network which is dynamically generated can be used for the calculation of semantic similarity between concepts. If the researcher can develop the methodology to extract the semantic network from given knowledge base in real time, this approach can solve many problems related to the change of semantic relation. Third, the statistical approach based on corpus analysis can be an alternative for the method using semantic network. We believe that these proposed research direction can be the milestone of the research on semantic relation.

Issues and Considerations surrounding Revocation Physician's Medical License Arising from Criminal Offenses (의사의 형사범죄에 따른 면허취소처분의 쟁점과 고려사항)

  • Kim, Sung-eun
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.113-142
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    • 2018
  • In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.

Debating Universal Basic Income in South Korea (기본소득 논쟁 제대로 하기)

  • Back, Seung Ho;Lee, Sophia Seung-yoon
    • 한국사회정책
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    • v.25 no.3
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    • pp.37-71
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    • 2018
  • Since 2016, public and political interest on basic income has been increased beyond academic interest. The recent debate on basic income has expanded on issues regarding to the concrete implementation of basic income moving further than the debate on conception of the basic income in the abstract level. This study examines major critiques of basic income which was raised from social policy area and makes a counter-argument on these critiques. Major points summarized as follows. First, the problem of jobs and social insurance exclusion is not serious enough to call for basic income. Second, existing social security systems will be crowded out by excessive financial burden if basic income is introduced. Third, policies to cultivate citizens' capacities to cope with a technological change should be given priority over basic income. This study disputes these critiques by counter arguing four points. First, it is necessary to reconstruct welfare state based on basic income, given the labor market changes, such as long-term trend of employment change, newly emerging employment of platform companies, and inconsistency of platform labor and social insurance. Second, hypothesis of crowding-out effect on social security system is just a criticism that can be applied to the basic income initiative of the right-wing. Also, it is unable to find a logical basis or evidence of this hypothesis from the historical process of welfare state development or previous studies. Third, it is necessary to discuss how to reconfigure existing social security system and basic income which are complementary to each other and also have consistency with labor market as a configuration, not as a matter of choosing between basic income and social security system. Fourth, de-laborization does not mean a refusal to labor but a free choice, and the basic principle of social security is not needs but right. In conclusion, in order to develop more productive debate on basic income, it requires more sophisticated discussion and criticism from the point of view of the distributive justice; the debate on the sustainability of social insurance-centered welfare states; and debates on the political realization of basic income.

A Study on the Rational Improvement of the Regulation and System about Embryo Preservation (배아 보존에 관한 합리적 제도 개선을 위한 연구)

  • Baik, Sujin;Moon, Hannah;Park, Inkyoung;Cha, Seunghyun;Park, Joonseok;Lee, Gyeonghun;Park, Chun-seon;Cho, Heesoo;Kim, Myung-Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.57-95
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    • 2021
  • Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.

The Introduction of the Concept of "Original Form" to the Heritage Conservation and Management and the Establishment and Development of the Principle of "Maintaining the Original Form" (한국의 문화재 보존·관리에 있어서 원형개념의 유입과 원형유지원칙의 성립, 그리고 발달과정)

  • Lee, Su Jeong
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.100-119
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    • 2016
  • The concept of "original form" and the principle of "maintaining the original form" take center stage in conservation, management, and promotion of the domestic heritage. Introduced in the 20th century, there were little discussion or deliberation about the concept of "original form" therefore it remains a vague and somewhat abstract notion subject to individual interpretation. Without a specified practical meaning, "maintaining the original form" became the fundamental principle for heritage conservation and management in the 1999 version of the Cultural Heritage Protection Act, engendering difficulties in applying the principle in practice. Conceived as an important first step toward resolving the issues stemming from the indistinct concept of "original form," this paper explores the process through which the concept was introduced to Korea and then established and developed as a legal principle for heritage conservation, management, and promotion. While the examination of the related documents and various cases shows that the development of the concept of "original form" has centered on specific periods and architectural styles, this essay explicates that the notion "original form" is commonly used as a term referring to the form at the earliest possible temporality. It also explains that this view emanates from perceiving heritages not as multivalent objects, but as a material object that exclusively carries aesthetic and, more importantly, historical value, and that comes from the history awareness of the times. This essay suggests that the concept "original form" should be reestablished with full consideration of the diverse values of heritage and diverse forms through which heritage can be expressed. After reviewing the feasibility and practicality of the concept a set of concrete guidelines should be presented for application in practice.

STS and the Innovation of Sociology: Focusing on Actor-Network Theory (STS(과학기술학)와 사회학의 혁신: 행위자-연결망이론(ANT)을 중심으로)

  • Kim Hwan-Suk
    • Journal of Science and Technology Studies
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    • v.1 no.1 s.1
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    • pp.201-234
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    • 2001
  • Sociology(or social science in general) is often diagnosed as in the state of 'crisis' after the collapse of socialism and the erosion of national societies because of rapid globalization. This paper introduces some recent work within science and technology studies(STS) and discusses its potentials to reinvigorate sociology. Although sociologists have rarely regarded STS as contributing to 'mainstream' issues in sociology, an increasing number of STS writers and sociologists have recently started to notice such possibilities. One main reason of this recent change is that STS is no longer merely concerned to convey substantive findings about science and technology, but instead attempts to reconstruct key notions of sociology such as 'social', 'society' and 'agency'. It is in this respect that the discussion below aims to introduce, discuss, and assess the potential contribution of some recent work of STS to sociology. In particular, it is 'actor-network theory'(ANT) that explicitly attempts to examine and suggest the ways in which STS ran help innovate sociology. One major characteristics of ANT is to impute 'agency' to things(nonhumans) unlike traditional sociology. ANT argues that if sociology studies heterogeneous relationships between humans and nonhumans instead of human relations only, it can become once again a vigorous discipline which is able to provide alternative worlds central to the basis of sociology. So this paper focuses on, not the diverse approaches of STS, the characteristics of ANT and its potential contribution to sociology. The author concludes that ANT can not only rejuvenate sociology by implicating new forms of alternative worlds but also open the possibility to contribute to the democratic reformulation of human-nonhuman relationships.

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Study on the legal system alignment of Invention Promotion Act and Its Relationship with the Framework Act on Intellectual Property (발명진흥법 법체계 정비와 지식재산 기본법의 관계에 관한 연구)

  • Lee, Kyung-Ho;Kim, Si-Yeol;Kim, Hwa-Rye
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.8
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    • pp.280-291
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    • 2016
  • The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.