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Air Carrier's Civil Liability for Overbooking (항공권의 초과예약(Overbooking)에 관한 항공사의 민사책임)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.99-144
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    • 2016
  • The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).

The Effects of Cognitive Bias on Entrepreneurial Opportunity Evaluations through Perceived Risks in Entrepreneurial Self-Efficacy (창업가의 인지편향이 지각된 위험과 조절된 창업효능감에 따라 창업기회평가에 미치는 영향)

  • Kim, Daeyop;Park, Jaehwan
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.15 no.1
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    • pp.95-112
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    • 2020
  • This paper is to investigate how cognitive bias of college students and entrepreneurs relates to perceived risks and entrepreneurial opportunities that represent uncertainty, and how various cognitive bias and entrepreneurial efficacy In the same way. The purpose of this study is to find improvement points of entrepreneurship education for college students and to suggest problems and improvement possibilities in the decision making process of current entrepreneurs. This empirical study is a necessary to improve the decision-making of individuals who want to start a business at the time when various attempts are made to activate the start-up business and increase the sustainability of the existing SME management. And understanding of the difference in opportunity evaluation, and suggests that it is necessary to provide good opportunities together with the upbringing of entrepreneurs. In order to achieve the purpose of the study, questionnaires were conducted for college students and entrepreneurs. A total of 363 questionnaire data were obtained and demonstrated through structural equation modeling. This study confirms that there is some relationship between perceived risk and cognitive bias. Overconfidence and control illusions among cognitive bias have a significant relationship between perceived risk and wealth. Especially, it is confirmed that control illusion of college students has a significant relationship with perceived risk. Second, cognitive bias demonstrated some significant relationship with opportunity evaluation. Although we did not find evidence that excess self-confidence is related to opportunity evaluation, we have verified that control illusions and current status bias are related to opportunity evaluation. Control illusions were significant in both college students and entrepreneurs. Third, perceived risk has a negative relationship with opportunity evaluation. All students, regardless of whether they are college students or entrepreneurs, judge opportunities positively if they perceive low risk. Fourth, it can be seen from the college students 'group that entrepreneurial efficacy has a moderating effect between perceived risk and opportunity evaluation, but no significant results were found in the entrepreneurs' group. Fifth, the college students and entrepreneurs have different cognitive bias, and they have proved that there is a different relationship between entrepreneurial opportunity evaluation and perceived risk. On the whole, there are various cognitive biases that are caused by time pressure or stress on college students and entrepreneurs who have to make judgments in uncertain opportunities, and in this respect, they can improve their judgment in the future. At the same time, university students can have a positive view of new opportunities based on high entrepreneurial efficacy, but if they fully understand the intrinsic risks of entrepreneurship through entrepreneurial education and fully understand the cognitive bias present in direct entrepreneurial experience, You will get a better opportunity assessment. This study has limitations in that it is based on the fact that university students and entrepreneurs are integrated, and that the survey respondents are selected by the limited random sampling method. It is necessary to conduct more systematic research based on more faithful data in the absence of the accumulation of entrepreneurial research data. Second, the translation tools used in the previous studies were translated and the meaning of the measurement tools might not be conveyed due to language differences. Therefore, it is necessary to construct a more precise scale for the accuracy of the study. Finally, complementary research should be done to identify what competitive opportunities are and what opportunities are appropriate for entrepreneurs.

Weathering Sensitivity Characterization for Rock Slope, Considering Time Dependent Strength Changes (시간에 따른 강도변화를 고려한 암반사면의 풍화민감특성 분석)

  • Lee Jeong-Sang;Bae Seong-Ho;Yu Yeong-Il;Oh Joung-Bae;Lee Du-Hwa;Park Joon-Young
    • Tunnel and Underground Space
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    • v.16 no.2 s.61
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    • pp.109-134
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    • 2006
  • Rocks undergo weathering processes influenced by changing in pressure-temperature condition, atmosphere, underground water, and rainfall. The weathering processes change physical and chemical characteristics of the rocks. Once the rocks are weathered, the characteristics of them are changed and, because of the changing, several disadvantages such as rock slope failures and underground water spouts are can occur. Before we cut a large rock slope, therefore, we must analyze current weathering conditions of rocks and predict weathering processes in the future. Through the results of such analyses, we can judge reinforcement works. In order to comply with such requests, chemical weathering sensitivity analysis which was analyzed from chemical weathering velocities and other characteristics of rocks has been applied in several prior construction works in Korea. But, It is defective to use directly in engineering fields because it was developed for soils(not rocks), it has too mny factors must be considered and the relationships between the factors are not clear, and it is hard to explain the weathering processes in engineering time range. Besides above, because it has been used for isotropic rocks, this method is hard to apply to anisotropic rocks such as sedimentary rocks. Acceding to studies from morphologists (e.g. Oguchi et al., 1994; Sunamura, 1996; Norwick and Dexter, 2002), time dependent strength reduction influenced by weathering shows a negative exponential function form. Appling this relation, one can synthesize the factors which influence the weathering processes to the strength reduction, and get meaningful estimates in engineering viewpoint. We suggest this weathering sensitivity characterization method as a technique that can explain time dependent weathering sensitivity characteristics through strength changes and can directly applied the rock slope design.

DEVELOPMENT OF SAFETY-BASED LEVEL-OF-SERVICE CRITERIA FOR ISOLATED SIGNALIZED INTERSECTIONS (독립신호 교차로에서의 교통안전을 위한 서비스수준 결정방법의 개발)

  • Dr. Tae-Jun Ha
    • Proceedings of the KOR-KST Conference
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    • 1995.02a
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    • pp.3-32
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    • 1995
  • The Highway Capacity Manual specifies procedures for evaluating intersection performance in terms of delay per vehicle. What is lacking in the current methodology is a comparable quantitative procedure for ass~ssing the safety-based level of service provided to motorists. The objective of the research described herein was to develop a computational procedure for evaluating the safety-based level of service of signalized intersections based on the relative hazard of alternative intersection designs and signal timing plans. Conflict opportunity models were developed for those crossing, diverging, and stopping maneuvers which are associated with left-turn and rear-end accidents. Safety¬based level-of-service criteria were then developed based on the distribution of conflict opportunities computed from the developed models. A case study evaluation of the level of service analysis methodology revealed that the developed safety-based criteria were not as sensitive to changes in prevailing traffic, roadway, and signal timing conditions as the traditional delay-based measure. However, the methodology did permit a quantitative assessment of the trade-off between delay reduction and safety improvement. The Highway Capacity Manual (HCM) specifies procedures for evaluating intersection performance in terms of a wide variety of prevailing conditions such as traffic composition, intersection geometry, traffic volumes, and signal timing (1). At the present time, however, performance is only measured in terms of delay per vehicle. This is a parameter which is widely accepted as a meaningful and useful indicator of the efficiency with which an intersection is serving traffic needs. What is lacking in the current methodology is a comparable quantitative procedure for assessing the safety-based level of service provided to motorists. For example, it is well¬known that the change from permissive to protected left-turn phasing can reduce left-turn accident frequency. However, the HCM only permits a quantitative assessment of the impact of this alternative phasing arrangement on vehicle delay. It is left to the engineer or planner to subjectively judge the level of safety benefits, and to evaluate the trade-off between the efficiency and safety consequences of the alternative phasing plans. Numerous examples of other geometric design and signal timing improvements could also be given. At present, the principal methods available to the practitioner for evaluating the relative safety at signalized intersections are: a) the application of engineering judgement, b) accident analyses, and c) traffic conflicts analysis. Reliance on engineering judgement has obvious limitations, especially when placed in the context of the elaborate HCM procedures for calculating delay. Accident analyses generally require some type of before-after comparison, either for the case study intersection or for a large set of similar intersections. In e.ither situation, there are problems associated with compensating for regression-to-the-mean phenomena (2), as well as obtaining an adequate sample size. Research has also pointed to potential bias caused by the way in which exposure to accidents is measured (3, 4). Because of the problems associated with traditional accident analyses, some have promoted the use of tqe traffic conflicts technique (5). However, this procedure also has shortcomings in that it.requires extensive field data collection and trained observers to identify the different types of conflicts occurring in the field. The objective of the research described herein was to develop a computational procedure for evaluating the safety-based level of service of signalized intersections that would be compatible and consistent with that presently found in the HCM for evaluating efficiency-based level of service as measured by delay per vehicle (6). The intent was not to develop a new set of accident prediction models, but to design a methodology to quantitatively predict the relative hazard of alternative intersection designs and signal timing plans.

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The Relationship between Entrepreneurship, Strategic Orientation, and Socio-Economic Values: Focusing on Companies Certified as Sixth Industrialization Enterprises (기업가정신, 전략적지향성과 경제적·사회적 가치 간 관계연구: 6차산업화 인증기업을 중심으로)

  • Bian, Jhi Yue;Lee, Sang Kon;Kang, Soon Been
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.13 no.5
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    • pp.1-16
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    • 2018
  • The Ministry of Agriculture, Forestry and Fisheries prepared the sixth industrialization certification system to increase the added value in the agricultural sector, but it is a bit hard to judge that the system has been in the stage of creating sufficient added value. In particular, because of the Fourth Industrial Revolution, there is a significant change in all industry sectors, including innovation in technology, and the change of perception among the society members is being rapidly changed toward the corporate sector's social role. Thus, we surveyed companies that received the sixth industrialization enterprise certificate to address this phenomenon and find clues on how to be competitive. We selected 800 companies certified by the Ministry of Agriculture, Forestry and Fisheries as sixth industrialization enterprises as our study samples. Among them, we subjected 275 respondents to a final analysis upon eliminating incomplete responses. The result of the study revealed that entrepreneurship, including autonomy that reflects the characteristics of the certified companies, had a significant positive impact on economic value. Moreover, with the size of the companies certified as the sixth industrialization enterprise and the industry trend toward the innovative Fourth Industrial Revolution considered, the strategic orientation including the customer orientation to intensively focus on customer needs and the technology orientation to accept technology as a competitive sector even in the agricultural industry was found to have a significant positive effect on economic value. Strategic orientation demonstrated a significant positive effect on social value. Entrepreneurship demonstrated a significant positive effect on economic values but did not significantly affect the social value. Lastly, while strategic orientation has demonstrated that no mediation effect resulted due to a high direct effect between entrepreneurship and economic value, a complete mediation effect occurred between entrepreneurship and social value. Based on this study, if the companies that received the sixth industrialization enterprise certificate are equipped with not only entrepreneurship but also strategic orientation for customer-oriented thinking and response to technological changes, they can become an influential element in creating not only economic value but also social value, which is emphasized as an element of sustainability.

The Study on the Buttons (centering around 19th-20th Centuries) (단추에 관한 연구 -19, 20세기를 중심으로-)

  • 이영란
    • Journal of the Korean Society of Costume
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    • v.22
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    • pp.263-276
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    • 1994
  • The achievement of notable social reoforms attained during the period of 19th and 20th centuries needlessly speaking remodelded the social environmental into several different patterns such as :1) high industrialization 2) propensity to consume 3) up graded overall social stands. Accordingly the industrial world of the but-tons too established the mess production syhstem by breaking from convention of hand-craft work of 17th century. The raw materials used in the production line on buttons during the 20th century are almost all-kind of materials one can possibly named including cheap plastic which enabled production lines to produce cheaper but higher productivities of the buttons being produced, The design (incused design) used in the 19-20h centuries are : men landscape, sports features, birds, livestocks, bugs, or geomatric features, tec, 1, The classification o f the buttons by materials Techniques shapes colors marking (Incused design) used in the productionof buttons in the England United States of America Laska Italy france Denmark Japan and India are categolizzed as : natural raw materials and syntetical resines. 1) Of the natural raw materials used are : Matal Enamel Iodine Agate, Coral, Green jade(Jasper) Granite, Wood, Ivory, Horn and bone etc. 2) The sythetical resin used in the button in-dustries are : Artificial jewell glass Acrylic material Styroform Celluloid and Nylon etc. 2. The thecnique quoted in producing buttons are hand craft work inlay work precision casting press mosic dye etching, processing, engraving and embossed carving etc. 3. The major designs used in the buttons in -dustries are : Round shape however elliptical column angular and edge shape often used. 4. The colors used are : The multi-colors were highly used than mono-colored materials such as : Adjoining Color and Contrast Color. The highest consideration to be considered in choosing the colors for the buttons are harmonization and matching factor with the garment or dresses to be wore. 5. The major design(incused design) on the buttons are embodiment and the design were also used in order of abstractive-combination abstractive with has offers much surprising. The button industries during the 19th and 20th centuries were not only the determination factors those can judge the value of self-pride of Nation and which were far beyond the in-dustrial arts in those days but also highly refelected and influenced by cultural sense ideology and self-pride of the Nation of those period. The followings are details of the role of the buttons categolized in the order of functional ornamental and symbolical aspects : 1. The functional role : The functional role of the buttons were simply designed for dress how-ever the buttons beyond from this role of function now a days. 2. The ornamental role : The ornamental role of he button beyond from this role of the button were effectuated by : 1) shape materials colors 2) technique locations size and design (incused design) 3) The ramaterials used for buttons shall not be over looked because it is highly depends on the taste sense and combination of harmony with the garment to be wore. 4) The color of the buttons are made well contrasted with the color of garments just as in the case of other artistical area such as matchs with the color of garment of contrast with brigtness of colors contrasted as complementary color and so and so. 5) The technique being adoped are: precision casting press handcraft inlay work etching mosic etc,. Since the buttons are no longer a simple catching devise used to fasten together the different part of the dress but now it has formed own and occupied the independent role in the garment or dresses location can be de-termined and varying depending on the ideas of designers. The size of the buttons has no specific limits, However the variation has widely dependined on the entire circumperence rhythm contrast harmonization of the garments. 3. The symbolical role : Since the button is no longer a just a simple devise for catching and fastening device used fastening together the different part of the garments but now were built a independent area as major part of the Garment and well reflected all kinds of occupations political background cultural as-pect etc. on the buttons. The design of buttons in the western circles are more simplified but they are polished looks and their techniques of manufacturing are comination of both machanis and handcraft. The colors used in the buttons are pretty well harmonized with garment(dress). Almost all kind of materials can be used in the but-tons however materials used in the buttons are : Bone of livestocks ivory, turtle shell are no longer used because the prevention of cruely of animal. On the contraly the level of buttons indus-try of Korea is far to reach and catch up with the level of western circles. It is highly suggested therefore the but-tons industrial field of Republic of Korea shall place and encouragement in producing beter industrial environment of the buttons based on the traditional and cultural aspect of republic of Korea to produce both manufacturing of qulified and best designed and colored buttons.

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Neural Bases of Empathy in Competitive vs. non-Competitive situation (경쟁과 비경쟁 상황에서 공감의 신경학적 기제)

  • Hwang, Su-Young;Yoon, Mi-Sun
    • Korean Journal of Cognitive Science
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    • v.27 no.3
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    • pp.441-467
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    • 2016
  • This fMRI study is aim to investigate effects of competitive environment in cognitive empathic process in human brain. Empathy is known as a crucial factor for human's adaptive behavior in aspects of social cognition and it is almost automatic process, on the other hand competitive situation is psychologically devastated environment to win someone for getting rewards. We hypnotized that reading and understanding of other person's mind are a specific characteristic related to survival evolutionarily, however competition would have an effect on the empathic cognitive process because of mechanisms of competition. To manipulate the competitive atmosphere, one researcher took a role of competitor against participants and they were instructed to get monetary rewards when their performance was better than a competitor. 21 participants(9 males and 12 females) performed to judge the emotional valence of the empathic task consisted of illustrated images with various situation could be experienced in real world as on $1^{st}$ person perspective in both competitive and non-competitive condition, and did same performance with objects stimulus in control condition. In order to examine the competition effects on empathic process,, hemodynamic response were obtained during fMRI session and the imaging data were analyzed to identify brain regions where responses to each condition across the two consecutive runs. Participants' reaction time in competitive condition was faster statistically significant than non-competitive one. Activation for competitive condition increased in the following areas: ACC, mPFC, SMG, thalamus extended caudate and Nacc, parahippocampal gyrus, and for non-competitive condition increased paracingulate gyrus, temporal pole, vmPFC, superior occipital gyrus. As a result of regression analysis using empathic scores as covariance, the rSMG, IFG, fusiform gyrus, thalamus, putamen were correlated with higher empathic levels, and TPJ were correlated with lower empathic scores. We suggest that these observations could mean competitive environment have an effect on neural base of cognitive empathic process.

The effects GeongshinhaeGihwan 1(GGT1) has on the hGHTg (human growth hormone transgenic) obese male rats' blood-antiobestic index (형질전환 비만모델 수컷 hGHTg rats에서 경신해지환(輕身解脂丸)이 혈중 항비만지표에 미치는 영향)

  • Jung, Yang-Sam;Tsung, Pei-Chin;Choi, Seung-Bae;Kim, Gyeong -Cheol;Shin, Soon-Shik
    • Herbal Formula Science
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    • v.13 no.2
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    • pp.1-16
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    • 2005
  • Objectives: To find out the effects GGTl, an antiobestic drug widely used in clinics, has on the blood-antiobestic index and the toxicity index using the data from the hGHTg obese male rats. We looked closely into both of the two indices because GGTl antiobestic effect can happen not only by pharmacological action, but also by its toxicity. Also, we verified the difference in effect between GGTl and reductil (sibutramine), which has been approved by the FDA of the United States. Methods: After performing the experiments for 8 weeks on the hGHTg obese male rats divided into three groups: the control group, the GGTl group, and the reductil (RD) group, we anesthetized the rats with Diethyl ether and took a 3ml blood sample from the heart. Then, after coagulating the blood in room temperature by using the plasma separator, we centrifuged it for 25 minutes in 3,000rpm using the high-speed refrigerated centrifuge. We kept the separated plasma in a deep freezer at $-80^{\circ}C$, and repeatedly measured the antiobestic index and the toxicity index twice using the hematology biochemistry analyzer. Also, in order to judge the indirect toxicity index, we separated liver from kidney and observed them. Results: When we looked at the results of the analysis of covariance on the measuring elements related to the antiobestic index (TC, HDL, LDL, TG, and GLU), there was no significant difference among the groups in all measuring elements. Also, the results of the analysis of covariance on the two roups (RD group and GGTl group) showed that the p-values had no significant difference under the level of significance 0.05. When we looked at the result of the analysis of covariance on the measuring elements related to the toxicity index (GOT, GPT, GGT, CREA, UA, ALB, and TP), we could see that the p-values in GPT, ALB, and TP have a significant difference among the groups. Also, the results of the analysis of covariance about the measuring elements related to the toxicity index on both groups, RD group and GGTl group, showed no significant difference in the p-values of all of the measuring elements in the two groups, RD and GGTl group. Conclusions: In conclusion, through this experiment, the safety of GGTl has been approved, and although the verification on its medical effect has not been clearly approved, when we consider the fact that it belongs to the same group as reductil, an antiobestic drug approved by the FDA of the United States, we could indirectly verify that GGTl has an antiobestic effect. We believe that when doing a sample design for a future experiment, it needs to be performed on a greater sample size based on the power analysis that needs to be performed primarily in experiments, and a more accurate verification is needed through more systematic experiment plans.

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An Article Analysis of Animation-specialized Magazine: Focusing on Animatoon magazine (애니메이션 전문 정보지의 기사 분석: 『애니메이툰』의 기사 항목과 특성에 대한 고찰)

  • Kwon, Jae-Woong
    • Cartoon and Animation Studies
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    • s.43
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    • pp.151-184
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    • 2016
  • In order to develop the animation industry, it is essential to encourage other related areas because all related industries can create synergy effects through exchanging their business. The magazine industry dealing with animation is one of them since the animation magazine plays an critical role in providing information and knowledge as well as analyzing market and industry from the practical viewpoint. But, there is only one magazine working in Korea, and it has never been researched so far even though over 20 years has passed since its first publication in 1995. It is Animatoon that is published by the company of Akom Production Co. who produced animation from the mid-1980s and Nelson Shin, the CEO of Akom, has worked as the Chief Editor. This research deals with Animatoon from the first issue till vol. 115 which was published in 2015, and tries to explore the characteristics. The result is as follows. First, Animatoon provides items to understand every article easily. Second, it provides original English articles written by foreign correspondents. Third, it provides different type of articles such as terminology explanation, production pipeline related knowledge, information about newly-released animation DVDs and so on. In addition, it is found out that Animatoon has small amount of advertisements. These characteristics shows that Animatoon helps subscribers to judge the contents of articles easier, tries to focus on the global trend, and provides basic and critical information. Therefore it can be said that Animatoon has enough features to be judged as the specialized magazine. First, Animatoon has its own specialized area, which is animation. Second, considering the type of articles, Animatoon tries to have all the parties concerned as its subscribers. Although, the amount of ads in Animatoon is small, only animation related ads are run through the whole issues.

Administrative Legislation Procedures, Pre-Notices, Listening to Opinions under the Administrative Law of the United States - Focusing on the Analysis of the 2019 Ruling, Federal Supreme Court Azar v. Allina Health Service, 587 U.S. 1804 - (미국 행정법상 행정입법절차와 사전통지, 의견청취 - Azar v. Allina Health Service, 587 U.S. 1804 2019 판결에 대한 분석을 중심으로 -)

  • Kim, Yong-Min
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.187-220
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    • 2020
  • Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.