• Journal of the Korean BIBLIA Society for library and Information Science
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• v.35 no.2
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• pp.5-23
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• 2024

The seventh year of implementing online material deposit demands a systematic collection, legal and regulatory improvements, and the establishment of a long-term strategic plan for online material collection. In this study, we aimed to propose an online material collection strategy and a long-term roadmap for preserving online resources as national intellectual and cultural heritage for future generations. To achieve this, we analyzed the status of domestic and foreign libraries, related laws and regulations, and the types and collection status of online materials. Based on this analysis, we proposed practical collection standards and methods. Ultimately, a long-term roadmap and implementation plan were suggested. The long-term development plan for online material collection established a phased, concrete implementation strategy. This includes the foundation-building phase of online material collection, followed by the expansion phase, and finally reaching the maturity phase.

• Journal of Industrial Convergence
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• v.22 no.3
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• pp.51-65
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• 2024

This study aims to understand positive changes in balance and gait function and difficulties in the instructor's guidance process through repetitive basic motor skill-based physical activities targeting people with cerebellar ataxia. For this purpose, five adults with cerebellar ataxia were selected as research subjects, and their three instructors participated as research participants. To collect quantitative data, the average and standard deviation were examined through pre-and post-evaluation of the research participants' physical activity classes for 16 weeks. The mean and standard deviation of the collected data were calculated using the Shapiro-Wilk test in the SAS 9.1 statistical program (p<.05). As a qualitative data collection method, the cultural description method of developmental research(DSR) proposed by Spradley(1980) was adopted, and the collected data were analyzed inductively according to the analysis method of Mertens(1990). Through this, 31 concepts, 10 subcategories, and 4 categories were discovered. As a result, the difficulties experienced by the research participants included insufficient guidance environment, dissatisfaction of consumers, difficulty in guidance, and non-cooperation of colleagues. Based on these research results, it was found that institutional, legal, and policy support should be provided not only to public institutions but also to private physical activity institutions that can use vouchers in order to maintain the balance of adults with cerebellar ataxia as well as to guide their physical activities.

• Journal of Intelligence and Information Systems
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• v.24 no.2
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• pp.195-220
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• 2018

In this study, we conducted an empirical analysis of the factors that affect the change of Bitcoin Closing Price. Previous studies have focused on the security of the block chain system, the economic ripple effects caused by the cryptocurrency, legal implications and the acceptance to consumer about cryptocurrency. In various area, cryptocurrency was studied and many researcher and people including government, regardless of country, try to utilize cryptocurrency and applicate to its technology. Despite of rapid and dramatic change of cryptocurrencies' price and growth of its effects, empirical study of the factors affecting the price change of cryptocurrency was lack. There were only a few limited studies, business reports and short working paper. Therefore, it is necessary to determine what factors effect on the change of closing Bitcoin price. For analysis, hypotheses were constructed from three dimensions of consumer, industry, and macroeconomics for analysis, and time series data were collected for variables of each dimension. Consumer variables consist of search traffic of Bitcoin, search traffic of bitcoin ban, search traffic of ransomware and search traffic of war. Industry variables were composed GPU vendors' stock price and memory vendors' stock price. Macro-economy variables were contemplated such as U.S. dollar index futures, FOMC policy interest rates, WTI crude oil price. Using above variables, we did times series regression analysis to find relationship between those variables and change of Bitcoin Closing Price. Before the regression analysis to confirm the relationship between change of Bitcoin Closing Price and the other variables, we performed the Unit-root test to verifying the stationary of time series data to avoid spurious regression. Then, using a stationary data, we did the regression analysis. As a result of the analysis, we found that the change of Bitcoin Closing Price has negative effects with search traffic of 'Bitcoin Ban' and US dollar index futures, while change of GPU vendors' stock price and change of WTI crude oil price showed positive effects. In case of 'Bitcoin Ban', it is directly determining the maintenance or abolition of Bitcoin trade, that's why consumer reacted sensitively and effected on change of Bitcoin Closing Price. GPU is raw material of Bitcoin mining. Generally, increasing of companies' stock price means the growth of the sales of those companies' products and services. GPU's demands increases are indirectly reflected to the GPU vendors' stock price. Making an interpretation, a rise in prices of GPU has put a crimp on the mining of Bitcoin. Consequently, GPU vendors' stock price effects on change of Bitcoin Closing Price. And we confirmed U.S. dollar index futures moved in the opposite direction with change of Bitcoin Closing Price. It moved like Gold. Gold was considered as a safe asset to consumers and it means consumer think that Bitcoin is a safe asset. On the other hand, WTI oil price went Bitcoin Closing Price's way. It implies that Bitcoin are regarded to investment asset like raw materials market's product. The variables that were not significant in the analysis were search traffic of bitcoin, search traffic of ransomware, search traffic of war, memory vendor's stock price, FOMC policy interest rates. In search traffic of bitcoin, we judged that interest in Bitcoin did not lead to purchase of Bitcoin. It means search traffic of Bitcoin didn't reflect all of Bitcoin's demand. So, it implies there are some factors that regulate and mediate the Bitcoin purchase. In search traffic of ransomware, it is hard to say concern of ransomware determined the whole Bitcoin demand. Because only a few people damaged by ransomware and the percentage of hackers requiring Bitcoins was low. Also, its information security problem is events not continuous issues. Search traffic of war was not significant. Like stock market, generally it has negative in relation to war, but exceptional case like Gulf war, it moves stakeholders' profits and environment. We think that this is the same case. In memory vendor stock price, this is because memory vendors' flagship products were not VRAM which is essential for Bitcoin supply. In FOMC policy interest rates, when the interest rate is low, the surplus capital is invested in securities such as stocks. But Bitcoin' price fluctuation was large so it is not recognized as an attractive commodity to the consumers. In addition, unlike the stock market, Bitcoin doesn't have any safety policy such as Circuit breakers and Sidecar. Through this study, we verified what factors effect on change of Bitcoin Closing Price, and interpreted why such change happened. In addition, establishing the characteristics of Bitcoin as a safe asset and investment asset, we provide a guide how consumer, financial institution and government organization approach to the cryptocurrency. Moreover, corroborating the factors affecting change of Bitcoin Closing Price, researcher will get some clue and qualification which factors have to be considered in hereafter cryptocurrency study.

• (The) Research of the performance art and culture
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• no.41
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• pp.5-38
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• 2020

The current state of performance halls in South Korea is closely related to the performance art and culture of the nation as the culture of putting on and enjoying a performance is deeply rooted in public culture and arts halls representing each area at the local government level. Today, public culture and arts halls have multiple management purposes, and the subjects of their management are in the public domain including the central and local governments or investment and donation foundations in overwhelming cases. Public culture and arts halls thus have close correlations with the institutional aspect of cultural policies as the objects of culture and art policies at the central and local government level. The full-blown era of public culture and arts halls opened up in the 1980s~1990s, during which multi-purpose performance halls of a similar structure became universal around the nation. Public culture and arts halls of the uniform shape were distributed around the nation with no premise of genre characteristics or local environments for arts, and this was attributed to the cultural policies of the military regime. The Park Chung-hee regime proclaimed Yusin that was beyond the Constitution and enacted the Culture and Arts Promotion Act(September, 1972), which was the first culture and arts act in the nation. Based on the act, a five-year plan for the promotion of culture and arts(1973) was made and led to the construction of cultural facilities. "Public culture and arts" halls or "culture" halls were built to serve multiple purposes around the nation because the Culture and Arts Promotion Act, which is called the starting point of the nation's legal system for culture and arts, defined "culture and arts" as "matters regarding literature, art, music, entertainment, and publications." The definition became a ground for the current "multi-purpose" concept. The organization of Ministry of Culture and Public Information set up a culture and administration system to state its supervision of "culture and arts" and distinguish popular culture from the promotion of arts. During the period, former President Park exhibited his perception of "culture=arts=culture and arts" in his speeches. Arts belonged to the category of culture, but it was considered as "culture and arts." There was no department devoted to arts policies when the act was enacted with a broad scope of culture accepted. This ambiguity worked as a mechanism to mobilize arts in ideological utilizations as a policy. Against this backdrop, the Sejong Center for the Performing Arts, a multi-purpose performance hall, was established in 1978 based on the Culture and Arts Promotion Act under the supervision of Ministry of Culture and Public Information. There were, however, conflicts of value over the issue of accepting the popular music among the "culture and arts = multiple purposes" of the system, "culture ≠ arts" of the cultural organization that pushed forward its establishment, and "culture and arts = arts" perceived by the powerful class. The new military regime seized power after Coup d'état of December 12, 1979 and failed at its culture policy of bringing the resistance force within the system. It tried to differentiate itself from the Park regime by converting the perception into "expansion of opportunities for the people to enjoy culture" to gain people's supports both from the side of resistance and that of support. For the Chun Doo-hwan regime, differentiating itself from the previous regime was to secure legitimacy. Expansion of opportunities to enjoy culture was pushed forward at the level of national distribution. This approach thus failed to settle down as a long-term policy of arts development, and the military regime tried to secure its legitimacy through the symbolism of hardware. During the period, the institutional ground for public culture and arts halls was based on the definition of "culture and arts" in the Culture and Arts Promotion Act enacted under the Yusin system of the Park regime. The "multi-purpose" concept, which was the management goal of public performance halls, was born based on this. In this context of the times, proscenium performance halls of a similar structure and public culture and arts halls with a similar management goal were established around the nation, leading to today's performance art and culture in the nation.

• Journal of Distribution Science
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• v.12 no.4
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• pp.5-9
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• 2014

Purpose - The purpose of this study was to compare and contrast the applicability and effectiveness of both teukyakmeip contracts of Korea and consignment contracts of the United State to demonstrate the effectiveness and practicability of teukyakmeip in Korea. These are popular contract agreements between large retailers and their suppliers and vendors. In recent years, teukyakmeip was critically examined and scrutinized by the politicians, the media, and the public of Korea. Consequently, this paper focusesheavily on identifying and analyzing different types of contract agreements between large retailers and their suppliers that currently exist in Korea and compares and contrasts those analyzed contract agreements with teukyakmeip. The article also comparesand contrasts teukyakmeip with the consignment agreements of the United States to identify similarities and differences. Research design, data, and methodology - This study is a descriptive study and has used personal interviews to collect and analyze the data. This study also fits the definition of the case study wherein it is entirely focused on investigating a real-life event: analyzing and examining contract agreements in the distribution industry. Both randomly selected management and vendor representatives from the three major department stores, Lotte, Hyundai, and Shinsegae, in Korea were interviewed between July and September 2013. The analysis of the consignment agreement was conducted based on existing secondary data. Results - Although the evidence of the abuse of teukyakmeip and consignment by large retailers from both countries clearly exists, the findings suggestthat both contract agreements would remain as the most relevant and effective legal contracts between large retailers and their suppliers. Based on the comparisonanalysis of teukyakmeip and consignment, both contracts indicated that suppliers are fully responsible for inventory and inventory management. If sales person is necessary for promoting special product, then suppliers are responsible for providing a sales person and their wages under both contracts. However, American department stores, those located outside urban area, tend to use their own employees to perform special product and sales promotion. The retailersare fully responsible for any interior or floor design or redesign of the retail store to accommodate the products from vendors under consignment; however, both suppliers and retailers share the cost of designing and redesigning the interior to accommodate vendors'products under teukyakmeip. Suppliers are responsible for pricing and supplying the quantity of the products under both agreements. Both contracts allow special sales commission as long as vendors agreed. Vendors use this special commissionto introduce their new products or apply market penetration strategy. Conclusions -The findings of this study showed the changing pattern of contract agreements between large retailers and their suppliers from both countries. Furthermore, this study evidently generated policy implications of teukyakmeip which recently became the major social issue in Korea and attracted many policymakers to gain political points by criticizing the teukyakmeip system and the large retailers. The findings of the study would be valuable to policy makers in making appropriate decisions and to large retailers and vendors in making beneficial agreements. The major implication of this study is that teukyakmeip and consignment agreements include very similar or almost identical characteristics, and they are popular among department stores and suppliers. The issue of abolishing teukyakmeip in Korea needs to be examined cautiously because teukyakmeip is the best one available at the moment, and the study suggests that no one benefits from abolishing this system.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.49-97
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• 2014

This study is about the availability of Chinese internal arbitration institutions by Korean invested companies. Generally, Chinese internal arbitration institutions lack independence from government. However, because parties seeking an arbitration award have ways to get neutrality from internal arbitration institutions that guarantee party autonomy, these Korean companies can use Chinese internal arbitration institutions to resolve disputes in China. Special attention should be given to the following. First, because Korean companies invested in China are legally in the same position as Chinese companies, unless foreign-related factors intervene, when disputes occur with Chinese companies or individuals, the disputes correspond to internal dispute, and when it comes to choosing the arbitration institution, these Korean companies must choose either a Chinese internal arbitration institution or foreign-related arbitration institution. Second, most Chinese internal arbitration institutions still lack independence from government, which can influence the fairness of arbitration in the future. Therefore, Korean companies invested in China should think about alternative ways to get a minimum impartiality in arbitration cases. Third, the parties are allowed to choose arbitration rules freely in Beijing, Xian, Chongqing, Guangzhou, and Hangzhou arbitration commissions. Therefore, in arbitration cases, the parties can get impartiality by choosing arbitrators according to the arbitration rules which they agree on, or by choosing partially modified arbitration rules of those arbitration commissions. Fourth, in order to get an impartial arbitration award from Chinese internal arbitration institutions in China, it is important for Korean lawyers or arbitration experts -- fluent in Chinese -- to be registered in the List of Arbitrators of Chinese internal arbitration institution by way of signing a MOU between the Korean Commercial Arbitration Board, or the Korean Association of Arbitration Studies and arbitration commissions such as those of Beijing, Xian, Chongqing, Guangzhou, and Hangzhou which comparatively do guarantee party autonomy. Fifth, because application of the preservation of property before application of arbitration is not approved in China, in practice, in order to preserve property before application of arbitration, it is best to file another suit in China based on other legal issue (e.g., tort) independent from the contract which an arbitration agreement is applied to. Sixth, in arbitration commissions which allow different agreement regarding arbitration procedures or arbitration rules, it is possible to choose a neutral arbitrator from a third country as a presiding arbitrator via UNCITRAL arbitration rules or ICC arbitration rules. Seventh, in the case of Chinese internal arbitral award, because the court reviews the substantive matters to decide the refusal of compulsory execution, the execution rate could be relatively lower than that of foreign-related cases. Therefore, when Korean companies invested in China use Chinese internal arbitration institution, they should endure low rate of execution. Eighth, considering the operational experiences of public policy on foreign-related arbitration awards so far, in cases of Chinese internal arbitration award, the possibility of cancellation of arbitral award or the possibility to refuse to execute the award due to public policy is thought to be higher than that of foreign arbitral awards. Ninth, even though a treaty on judicial assistance in civil and commercial matters has been signed between Korea and China, and it includes a provision on acknowledgement and enforcement of arbitral award, when trying to resolve disputes through Chinese internal arbitration institution, the treaty would not be a big help to resolve the disputes, because the disputes between Korean companies invested in China and the party in China are not subject to the treaty. Tenth, considering recent tendency of conciliation by the arbitral tribunal in China and the voluntary execution rate of the parties, the system of conciliation by the arbitral tribunal is expected to affect as a positive factor the Korean companies that use Chinese internal arbitration institution. Finally, when using online arbitration, arbitration fees can be reduced, and if the arbitration commissions guaranteeing party autonomy have online arbitration system, the possibility of getting impartial arbitration award through them is higher. Therefore, the use of online arbitration system is recommended.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.273-302
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• 2015

The term "peaceful uses of outer space" in the 1967 Outer Space Treaty appears in official government statements and multilateral outer space related treaties. However, the examination of the state practice leads to the conclusion that this term is still without an authoritative definition. As far as the meaning of 'peaceful use' in international law is concerned the same phrases in the UN Charter, the 1963 Treaty of Banning Nuclear Weapons Tests in the Atmosphere in Outer Space and Under Water, the 1956 Statute of IAEA, the 1959 Antarctic Treaty, the 1982 UN Convention on the Law of the Sea, the 1968 Nuclear Non-Proliferation Treaty and the 1972 United Nations Conference of the Human Environment were analysed As far as the meaning of 'peaceful uses of outer space' is concerned the same phrases the 1967 Outer Space Treaty, the 1979 Moon Treaty and the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques(ENMOD) were studied. According to Article IV of the 1967 Outer Space treaty, states shall not place in orbit around the earth any objects carrying nuclear weapons or any other kind of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies repeats in Article III much of the Outer Space Treaty. This article prohibits the threat or use of force or any other hostile act on the moon and the use of the moon to commit such an act in relation to the earth or to space objects. This adds IN principle nothing to the provisions of the Outer Space Treaty relating to military space activities. The 1977 ENMOD refers to peaceful purposes in the preamble and in Article III. As far as the UN Resolutions are concerned, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space, the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space(NPS) were studied. And as far the Soft Laws are concerned the 2008 Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT), the 2002 Hague Code of Conduct against Ballistic Missile Prolifiration(HCoC) and 2012 Draft International Code of Conduct for Outer Space Activities(ICoC) were studied.

• The Journal of Fisheries Business Administration
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• v.22 no.1
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• pp.1-52
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• 1991

This study deals with the evolutional history of the holding and utilization of fisheries resources in Korea. Fisheries resources have the basic characteristics of the density dependent self-regulating renewable and common property resources, Irrational utilization of fisheries resources is mainly due to the unlimited access to the resources. The holding and utilization of fisheries resources in Koryo era was opened to everyone. But it was nationalized in the early Yi Dynasty. The purpose of its nationalization was to provent the paticular powered-man with their monoplized holding and to levy fisheries tax. Eoeop-peop, the first modern fisheries law in Korea, was enacted as a part of the invasion policy of Japan in 1908. With the japanese annexation of Korea in 1910, the Japanese Government established a new institutional system of fisheries as a part of an overall reformation of the institutional for an implementation of the colonial policy. It was very the new enacted Fisheries Law (Gyogyorei). Also the Government enacted compulsorily another new Fisheries Law (Chosen Gyogyorei) with its adjunct laws and regulations revise the institutional system of fisheries on May 1, 1930. After Eoeop-peop enactment, the fisheries resources in Korea could be used only under the license, permission, and statement. After Korea was from Japan in 1945, Korea Government at last enacted the new fisheries law (Susaneop-peop) in 1953. The goal of Susaneop-peop was to achive the general usage and protection of the fisheries resources, and to attain the development and democratization of the fishery in Korea. This law was amended 13 times until 1990. The license fishery have a legal right on the fishery, called a fishery rigt. This right means a right of exclusive occupation and utilization of a unit of the inshore fishing grounds. The main evolutional issues of license fishery are as the following : 1) the foundation of the exclusive usable fishery right(1911, Gyogyorei), 2) the deletion of the settled U9space lift net and settled space sein net fishery, and the expansion of the cooperative fishery-No.1, 2, and 3 type cooperative fishery-(3rd amendment, 1963), 3) the deletion of the No.2 and 3 type cooperative fishery, and the separation of the culturing fishery in No.1 and 2 type culturing fishery (13th amendment, 1990). The effective period of the license fishery was amended as the following : 1) 1908(Eoeop-peop) : within 10 years, renovation system, 2) 1929(Chosen Gyogyorei) : within 10 years, unlimited extension system, 3) 1971. 7th amendment : 10 years, renovation system, 4) 1972. 8th amendment : 10 years, only 1 extension system, 5) 1975. 9th amendment : 5-10 years, only 1 extension system, 6) 1990.13th amendment : 10 years, within 10 years of total extensional years. The priority order of the fishery license was established in 1953 (Susaneop-peop). The amendment of it is as follows : 1) 1953. enactment \circled1 the fishing grounds that the fishery right is extablished 1st order : the existing fishery right man, unlimited renovation 2nd order : the corporate that the regional fisherfolk organized 3rd order : the rest experienced fishermen \circled2 new fishing grounds 1st order : the corporate that the regional fisherfolk organized 2nd order : the rest experienced fishermen 2) 1971. 9th amendment \circled1 the fishing grounds that the fishery right is established 1st order : the existing fishery right man, unlimited renovation 2nd order : the Eochongye that the regional fisherfolk organized 3rd order : the regional fishery cooperative that the regional fisherfolk organized 4th order : the rest experienced fishermen \circled2 new fishing grounds 1st order : the Eochongye that the regional fisherfolk organized 2nd order : the regional fishery cooperative that the regional fisherfolk organized 3rd order : the rest experienced fishermen 3) 1981. 10th amendment \circled1 the inside of No.1 type cooperative fishing grounds 1st order : the Eochongye that the regional fisherfolk organized 2nd order : the regional fishery cooperative that the regional fisherfolk organized 3rd orer : the rest experienced fishermen 4) 1990. 13th amendment \circled1 No.1 type cultural fishery 1st order : the Eochongye that the regional fisherfolk organized 2nd order : the regional fishery cooperative that the regional fisherfolk organized 3rd order : the rest experienced fishermen \circled2 No.2 type cultural and settle fisher : general priority order The effective period of the permission fishery was amended 6 timed. First, it was within 5 years and renovation system (Eoeop-peop). Now it is 5 years and renovation system. The effective period of the statement fishery was amended 4 times. First, it was within 5 years, and then was amended within 3 years(Chonsen Gyogyorei). Now it is 5 years.

• Journal of Korean Academy of Nursing
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• v.4 no.3
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• pp.63-79
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• 1974

1. The purpose of this study. The purpose of this study is to plan and investigate short-term nursing education of two-years associate degree program to produce middle-level professional nurses which are needed by-society and nation. Current nursing education in Korea is divided into four years degree program, three years diploma program Even (though) there are differences in the aims of their education, the curriculums are not much different between the education for producing leaders which is its basic purpose and training middle-level professional nurses. Therefore the purpose of associate degree program lies in minimizing the waste of time and finance which are invested for long-term education for middle-level professional nurses. And also this coincide with the policy of national technical training and definite supply of nurse manpower according to health policy for effective role and ability of nurse. 2. The method of study. This is based on the study of literature, research on the actual condition and investigation of opinion- through questionnaire. L) The study of literature: Domestic and foreign literatures for two years associate degree program were studied and investigated. 2) Research on the actual condition : Current three years nursing education program was collected and analysed. 3) Investigation of opinion. The problem of curried nursing education system and the possibility of two years associate degree program were investigated through questionnaire. 3. The result of the study. 1) The trend of recent nursing education. a. The aims of nursing in past chiefly taking care of physical disease of patient has recently changed to nursing of character including physical, mental, socio-economic, educational and psychological condition. b. For the performing systematic and effective nurse's duty according to her role, the-change of educational system which is classified as a range of education the period of education and certificate after graduation has been enforced or fulfilled. c. Nursing education also has a trend to become a collage or two years associate degree program which can get same legal protection as other educational institutions whose basic purpose is education. Attached nursing school to hospital is getting disappeared because of disadvantage of educational system. 2) Problems. Depending upon research on actual condition of current 3 years nursing education program. a. There are too many subjects. b. Contents of education could be doubled because major subjects are subdivided in detail. c. The credits for graduation are too heavy comparing to the period of study or the ability of students. (The necessary credits are 150.8 for three years according to actual investigation 4. There is no certain standard in organizing curriculum therefore there are too much differences between schools. 4. Basic Plan. The plan for two years associate degree program in nursing education depending on demand of professional nursing field of society is based on following items. 1) Training middle-level professional nurse lay emphasis on liberal arts and basic major field. 2) Liberal arts are divided into required and optional subjects and students could take courses by choice. 3) Major subjects are compound together by fields and they become the sciences of nursing Ⅰ,Ⅱ,Ⅲ,Ⅳ and every items has its educational purposes and contents major study includes laboratory practice and clinical experience. 4) The required credits for graduation are to which means 17-18 credits a semester. The above has been planned to solve the problems of current three years nursing education program. In conclusion for the achievement of this system, following items are needed. 1) It is necessary to change educational administration and system such as amendment of educational law or order of educational application of law. 2) Qualified professors should be available to understand and develope the idea or purpose of this educational system. 3) Local medical institutions should be opened widely and educational for clinical training. 4) The job after graduation should he secured positively.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.169-195
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• 2020

With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.