• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• Journal of Fisheries and Marine Sciences Education
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• v.9 no.2
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• pp.121-148
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• 1997

The Japanese fishery management system has been established on the basis of various experience accumulated over many years. The fishery management system in Japan, one of the oldest fishery management systems in the world, is aimed at ensuring comprehensive utilization of the water surface and developing fishery productivity, by giving protection of the breeding environment of aquatic animals and plants, enabling the appropriate use of fishery grounds, preventing and solving disputes over fishery grounds and making other fishery adjustments. Japanese Fishery Law has been changed largely into (1) The Feudal Era(to 1900), (2) The Oldest Fishey Law(1901~48), (3) Current Fishery Law(1949 to present). Japanese fishery legislation is designed as a single package combining coastal, offshore and distant-water fisheries. During the period of the old fishery law, numerous conflicts arose over the joint use of fishing grounds and fish stocks. Such conflicts occurred among users of the same gear as well as between users of different gears or of different sizes of fishing craft. Large scale conflict sometime occurred between neighbouring fishing communities due to a lack of fairness in principle and coordination in practice. Therefore, the new fishery law enacted in 1949. This law was designed primarily to realize the most effective and rational use of fishing grounds and fishery resources, the basic philosophy being that, through democratic organization by fishermen themselves, productivity would be stimulated and incomes and living standards eventually improved. Nowadays, Community Based Fisheries Management through democratic organization by fishermen themselves have to enforce at coastal fisheries. This Community Based Fisheries Management manage to fishery resources by fishermen themselves and harvest in collaboration with that resources. Therefore, this paper is intended to briefly to describe the entire system and the historical development of Japanese fishery legislation in order to assist in reform of our country fisheries management regime.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.197-227
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• 2009

This study describe the brief history and current statutes of Philippine arbitration. The practice of arbitration in the Philippines can be traced as far back as the barangay. From 1521, Spanish Civil Code became effective in the Philippines. During this period, the Supreme court was discouraged by the tendency of some courts to nullify arbitration clauses on the ground that the clauses ousted the judiciary of its jurisdiction. According to the growing need for a law regulating arbitration in general was acknowledged when Republic Act No.876(1953), otherwise known as the Arbitration Law, was passed. In 1958, the Philippines became a signatory to the New York Convention and in 1967 the said Convention was ratified. But no legislation has been passed. As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid. Fifty years after, the Philippine Congress enacted, Republic Act No. 9285, otherwise know as the Alternative Dispute Resolution Act of 2004. The enactment was the Philippines solution to making arbitration an efficient and effective method specially for international arbitration. To keep pace with the developments in international trade, ADR Act of 2004 also ensured that international commercial arbitration would be governed by the UNCITRAL Model Law on International Arbitration and also fortified the use and purpose of the New York Convention by specifically mandating. If the international commercial arbitration will be revitalization in the near future in the Philippine, it will be shown that the model law's comprehensive provisions will give the beat framework for arbitration.. The writer expect that Philippines continues in its effort to be the premier site for international arbitration in Southeast Asia.

• Journal of Multimedia Information System
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• v.7 no.1
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• pp.87-96
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• 2020

Parents' desire for daily English practice for students and the urge for a etter English education has led to a demand for a highly qualified educational curriculum. In addition to getting deep-dive insights into parents' decision-making process, the increasingly important role of STEM education method has been proved in accordance with plenty of evidenced-based many of previous research. This study was conducted to examine the five independent factors affecting parents' intentions when designating English centers for their children, respectively named: Facility, Teachers, Brands, Social factors and Tuition. Through a preliminary approach, 235 samples were analyzed. Analysis of the sample responses reveals the importance level of five independent factors affecting Parents' intention to choose English centers in descending order: Facilities, Teachers, Brands, Tuition and Social factors. Furthermore, a positive correlation was found between STEM and Intention to choose English centers, indicating that whether the center applies STEM-related curriculum in English courses or not, in fact, has a significant impact on parents' decision. In terms of attitude towards STEM, further statistical tests revealed an interesting finding, which is the fact that how STEM affects Intention of parents is directly proportional to the Attitude towards STEM. With the help of SPSS 20 and AMOS 20, the SEM analysis was processed in order to draw conclusions about factors impacting Intentions to choose English centers. Combining with Multi-group analysis, the major role of STEM education has been assessed in relation to plenty of correlations. In light of recent major and massive growth of English teaching market in Vietnam, several suggestions and recommendations in terms of sustainable developments have been displayed in this research.

• Korean Journal of Culture and Social Issue
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• v.11 no.spc
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• pp.117-131
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• 2005

The present research integrated various theoretical perspectives of human unlawful behaviors in order to clarify the psychological mechanisms that underly the changes in compliance with and attitude toward law as time goes. Most well-known theories such as classical theory of crime, biosocial and evoluationary theories, and psychological perspectives including psycho-dynamic theory, personality, intellectual/moral development theories, and decision-making were discussed in their unique points in explaining human unlawful behaviors. Finally, social-learning theory and cognitive-dissonance theory has been suggested to explain the psychological mechanism of the phenomena in which people's attitude toward law and compliance with law become weaken through violation experiences of trivial lawful regulations. Especially, the logic of cognitive-dissonance theory (that people committed violation of trivial laws should experience dissonance with their original belief of compliance with law and negative arousal and try to remove the arousal by change their belief along with their behavior) were theoretically convincing to explain the phenomenon and supported by a series of experimental studies. Several practical implications for future constitutional and political activities were discussed in the basis of the cognitive dissonance theory.

• Review of Korean Society for Internet Information
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• v.14 no.3
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• pp.68-77
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• 2013

This article consists of 3 parts. Part I is multi stakeholder approach on Internet governance system. Part II is analysis of the Korean Internet governance system. In this part, I explain relevant laws in Korea, including Korean Internet Address Resources Act. Part III is my suggestion on Korean Internet governance system using a multi stakeholder approach. First of all, the keyword of the Internet governance system is decision making process: that is, consensus based versus top-down approach. Then who are major players in Internet governance in national level? Government, or Private sectors such as business and civil society. Korean legal system for Internet governance shows a top-down decision making process. Major players are the government (that is, Ministry of Science, ICT and Future Planning) and KISA affiliated with the government. Other players include Internet Address Policy Committee, Korea Internet Governance Alliance, and NGOs. The key statute for Internet governance in Korea is Internet Address Resources Act of 2004. Articles 3 and 5 require the Ministry of Science, ICT and Future Planning to take a proactive role in Internet governance. The government shall consult with the Internet Address Policy Deliberation Committee for Internet governance. Yet this Committee is established under the control of the Ministry of Science, ICT and Future Planning. All members of this Committee are also commissioned or nominated by the Chairman of the Ministry. Meanwhile, there are also non-official organizations, including Sub-committee on Address & Infrastructure of Korea Internet Governance Alliance. I suggest to reform decision making process of Korean Internet governance system based on BOTTOM-UP process for CONSENSUS BASED DECISION. My suggested system includes the following: (1) The government hands over a major role in Internet governance to INDEPENDENT Internet policy organization. And the government participates in such organization as ONE of the players. (2) Nomination of this committee member must be bottom-up process for a genuine multi-stakeholder model including civil society, commercial organization, end-users and experts. (3) The government should establish plan for supporting the private sector's international activity on the long-term basis.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.25 no.6
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• pp.1607-1620
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• 2015

The server privilege account must be operated through law and regulation. However, due to regulation non-compliance and inadequate operation on financial company server privilege, an incident that every server data being deleted by hacker occur which is later being named as 'NH Bank Cyber Attack'. In this paper, the current operation status on financial company privilege accounts is being analysed to elicit problems and improvement. From the analysis, important evaluation factors will be also selected and applied generating the decision making model for financial company server privilege account operation. The evaluation factor deducted from privilege account status analysis will be used to present and verify the decision making model and formula through AHP(Analytic Hierarchy process).

• Journal of Digital Convergence
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• v.9 no.4
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• pp.41-50
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• 2011

This study supports the introduction policy of the MSO and Profit-making corporation by reviewing, and is intend to reviewing the analysis of policy measures activation in the digital age. The Medical industry is changing at a fast pace, and it is becoming fierce, In that flow, our nation has been giving efforts to the Medical industry in its bot qualitative growth and quantitative growth. However, we are laggard in our policy to activity such as the MSO and Profit-making corporation. It is true that there exists arguing on introducing market economy into the Medical industry, but we need a sound the activity policy which can extend over those negative perspectives.

• Journal of Environmental Policy
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• v.11 no.3
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• pp.3-24
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• 2012

Many ecosystems in Korea are currently managed by government organizations. Thus, public managers' decision-making has great influence on the management of ecosystems in Korea, and their decision-making could influence the matter of whether the ecosystems of Korea are managed effectively. This paper regards the goal of management of ecosystems as securing the sustainablilty of target ecosystems, and investigates public managers' decision-making and their psychological attitude on the management of ecosystems. Basically, managerial activities on ecosystems have uncertainties and usually public managers utilize the knowledge of law, science, intergovernmental relations, and local governance as their references for decision-making. To elucidate public managers' managerial decision-making on ecosystems, this paper adopts some psychological theories in explaining the judgment of human beings under uncertainties. Effective ecosystem management by public managers can be judged by how public managers adopt and utilize all of the above mentioned four kinds of knowledge on ecosystem management. An important factor in order to let them utilize the four kinds of knowledge is policy support. Therefore, as conclusion, this paper recommends some relevant policy measures that can support the ecosystem management of public managers.

• The Korean Journal of Archival Studies
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• no.17
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• pp.203-245
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• 2008

Although a few years have passed since the importance of the public record management became the subject, the management of the minutes which is produced from the deliberation and decision-making process of an important policy relatively was been neglected the while. When institutionally inspecting at present, the minutes production is based upon Record Management Law, and the minutes opening is based upon Freedom of Information Act. Although the minutes must be made out according to Record Management Law, it is not well operated. So, the minutes formally is made out and there was actually the important minutes excepted from the management object. Opening of the minutes made by Article 9 of Freedom of Information Act has the problem that be used as a basis of dividing unfairly into closed opening because the reason of the closed opening is vague. This study analyzes the problem of production and opening of the current minutes. It also considers Sunshine Act in USA and suggests a institutional ways for production and opening of Korean minutes. We can think of two institutional ways for production and opening of the minutes. One is making a separate law like Sunshine Act in USA. The other is revising the existing laws. In reality it's very difficult to make a new law for minute production and opening. Therefore, the purpose of this study is to suggest the way for revising Record Management Law and Freedom of Information Act that include minutes related regulations. The record must be fundamentally produced and opened for a nation and people as public records is the records of the nation and people as well as an authority which produced those records. If the minutes is produced and opened from a institutional change through the revision of Record Management Law and Freedom of Information Act, the minutes can not only help the responsible administration to realize but be utilized to important historical records as a basis data of an important policy decision-making.