A Study on Legal Issues with Airline Over-booking Practice (항공권 초과예약의 법률적 문제에 관한 연구)
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- 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.
We live in an age which is exponentially growing as the knowledge paradigm is changing. New sites are subject to contemporary landscape architecture function as "fields" in which this hybrid aspect is both actively practiced and becoming a catalyst for change in the area of landscape architecture. With this as its background, this study attempts to deal with how the aspect of integration in environmental design is manifested. For this purpose, the tendencies for the discussion of integration in various fields of practice were examined: planning theories, urban theories, architecture, public environment, engineering, and landscape architecture. As yet, the discussions of interdisciplinary integration, which occur in practice in these respective fields, mainly tend to be oriented toward the effective implementation of the merits of other related fields. Seen from these examples of practice, integrated design approaches can be found in the following three aspects: design objects, respective professional areas, and methodologies of approaches and design. In terms of design objects, the positions of individual design subjects present themselves as most obvious, and integration or combination of the physical targets that come to exist through design can be easily seen. Most examples of integration turn out to be this, in almost every case of which the theme and the target of expression are integrated via a small number of certain methods. In terms of professional areas, what can be mainly evidenced is how the individual subject acts when the subject designs. The strong points of professionals from each field seem to create synergy, achieving through integration optimum results. In terms of methodologies of approaches and design, there are attempts to create integrated approaches as ways of effective decision-making, in which case the integration of all of the interest parties is of primary concern. As yet, few instances have been found in which integrated design has had enough strength to be seen as a concrete design methodology based on practical examples. However, it is encouraging that theoretical approaches and the necessity for integrated design have been identified from multiple perspectives, and that a practical movement such as landscape urbanism has come into active being. The authors of this study find this point in time to be ripe for discussions on integrated practices in terms of environmental design, on the basis of the synthetic approaches mentioned above.
Today's consumers perceive consumption as a representation of themselves. It is not simply an act that fulfills a consumer's physical and practical needs. Even in terms of life quality, consumers increasingly want to achieve an emotional and sensible experience through consumption. Consumers now make decisions based on their need to express their position in relation to other people, pursue emotional satisfaction, and try to improve the quality of life. Culture-art products that meet such internal and external demands of consumers have made significant improvements in both quantity and quality, because of the social interest and policy support. The recognition of personal and social values of culture and arts has brought about interest in and need for culture-art products. Businesses have agilely embraced such change and actively implemented various marketing strategies utilizing culture and arts. For example, businesses began to sponsor artists who produce culture-art products while building facilities for cultural and art performances or exhibitions. Businesses have also provided performances and exhibitions free-of-charge or at affordable prices. As a result, the supply in the market has started to exceed its demand as is often the case in many of other markets. However, such imbalance has occurred not because of over-supply but because of a lack of demand. Given these circumstances, the government and culture and art related organizations, which had mainly concentrated on the supply side, started to recognize the importance of creating personal and social values in culture and arts. As a result, the government and various organizations are now creating various strategies that include policy measures to achieve their new found goal. Unfortunately however, such efforts are not meeting the expectations. Focusing on above-mentioned circumstances and problems, this study aims to find measures to create demand for culture-art products in the internal conditions of those who consume culture-art products. In other words, given that the demand for culture-art products has not increased despite all external conditions to encourage consumption, this study aims to find the reasons in consumers' value judgment on culture-art products. Though there were recent studies on culture-art products that applied consumer behavior on marketing theories, most of them focused on peripheral aspects such as people's motivation for or satisfaction from watching culture-art events. Hence, there is a need to understand what kind of value consumers perceive from culture-art products and how such value cognition leads to consumption in a comprehensive manner. This study acts as follow-up to a separate study entitled "Qualitative Study about Value Cognition and Benefits of Consumer on Culture-Art Products". The current study aims to extend practical implications that enhance the effectiveness of marketing strategies among the producing and policy agencies in the industry. The purpose of this study is to investigate dimensions of value cognition, benefits and attributes of culture-art products, and identify the effects of consumer value cognition on benefits and attributes. The questionnaire was developed based on the conceptual structure of qualitative research and previous researches. It was composed of value cognition, benefits, attributes of culture-art products and demographic variables. This survey was conducted on-line and off-line among a total of 662 persons ranging from their teens to their 50's who were living in Seoul, Gyeonggi-do, various metropolitan cities, and small and medium-sized cities. The data collected was analyzed by factor analysis and path analysis using SPSS WIN 18.0 and AMOS 16.0. This empirical study found that the dimensions of value cognition of culture-art products were categorized into personal goods, aesthetic goods and public property. This shows that the consumers perceive culture-art products as products that are worthy enough to pay the costs not just for personal benefits but also for their social values. Also the formation of value cognition for culture-art products requires special conditions unlike that for physical consumer goods and services, which simply require marketing stimuli. The dimensions of benefits pursued by consuming culture-art products were found to be composed of four types - pursuit of aesthetic benefits, pursuit of actual benefits, pursuit of emotional benefits, and pursuit of conspicuous character. This result implies that people consume culture-art products not just to pursue pleasure from emotional and intelligent satisfaction as well as social relations, but also to seek the needs and benefits embodied at a social level. The dimensions of attributes of culture-art products had seven different factors, - environmental, price, evaluation, people, artwork, composition, and personal relations - which is plentiful. This is because the attributes of culture-art products are very complicated compared to other consumer goods or services. Since culture-art products include not just cultural or artistic works but also all physical, human, environmental, and systemic elements of the products in a comprehensive manner, consumers perceive everything they experience in the process of consuming culture-art products as part of the products. The dimensions of value cognition was found to affect attributes of the products, mostly using pursued benefits as a mediating factors. This result is consistent with the result of qualitative research, and proves that applying the means-end chain theory in the reverse direction is reasonable. The result can be interpreted that consumers' value cognitions for culture-art products turns into actual benefits leading to consumers' decisions. Furthermore, this result reveals that when consumers choose culture-art products, they take into account the attributes of culture-art products depending on the benefits they pursue. These results confirm that despite their conceptual and abstract attributes, culture-art products have values that contribute to actual benefits for individual consumers and society. Hence, value cognition generates benefits to be pursued and this in turn affects the consumers' choices of attributes on products. Based on the conceptual structure of consumers' value cognitions on culture-art products and its dimensions, it is possible to find detailed methods to provide opportunities for education and training to form and reinforce positive value cognition on culture-art products. And through those methods, it will be possible to develop attributes of culture-art products according to the dimensions of pursued benefits, and allow conceptual products become the subject to valuable consumption in real life. These results provide theoretical understanding of consumer behavior in culture marketing and useful information to culture-art producers, companies that use culture and art, and government agencies that use culture-art as a mean to improve the public perception of quality of life. As a follow up on this study, there should be experimental studies that can develop criteria visualizing the demands of consumers who purchase culture-art products and identify their detailed attributes. Studies that compare characteristics of different areas within the culture-art product category and in-depth studies on a specific area or genre will also be needed. In order to develop marketing strategies for culture-art products, studies on the formation and reinforcement of positive value cognition on culture-art products and education for the development of consumer demand as well as on the development and differentiation of attributes of culture-art products depending on types of consumer groups should also follow.
Under the full consideration of the growing need and importance of population education in the field of home economics in Korea, the study was carried out to verify and assess the following facts on the current issues of population education of home economists who are presently engaging in teaching professions as the teachers of middle and high school and professors of college and universities by setting its primary objectives of the study as followings; 1) to assess the degree of general knowledge and attitudes of home economists toward population education in the field of home economics, 2) to verify the problems encountered in implementing population education by home economists in its field, 3) to find an existing status of previous trainings received and other activities of population education of home economists aimed at utilizing these findings as a part of reference materials when the population education is conducted in the field of home economics. In order to attain these objectives described above, the questionnaire was carefully designed to house a total of 40 questions with good combination of multiple-choice and the simple answer questions. The mail questionnaire survey was conducted by establishing teachers of home economics at middle/high schools and college/universities as Senior Home Economists(SHE) who are from public, private liberal arts and vocational schools. The rate of response observed during the survey was 45.6 percent and the findings of the survey research are as follows: 1) Examining the status of the respondents by residence and religion, it was found that 45 percent of middle & high school teachers ar.d 59. 1 percent of college professors are residing in Seoul city area and that the largest percent of them are christian in their religion. Analyzing respondents by their ages, 56 percent of middle/high school teachers are in their 30s, 45 percent of college professors are in their 40s, and 37 percent of college teachers are in their 30s. In addition, 13 percent of the total respondents are found to be unmarried. The study also revealed that 71 percent of the college professors finished Master Degree course and 82 percent of middle/high school teachers are graduated from college level lasting 4 years. Looking over the status cf major fields of respondents, 68.4 percent of middle/high school teachers are specialized in home economic education and the college professors, on the other hand, show relatively even prortion by specializing in the order of food & nutrition science, clothes & textile science and home managerial science. As far as the length of teaching experience is concerned, a relatively longer period of teaching experience is observed in the college professors in comparison with that of middle/high school teachers. In other words, 33.3 percent of middle/high school teachers are experienced in teaching from 6 to 10 years on average while 43.9 percent of college professors show more than 16 years of experience. 2) Examining the status of existing number of children cf the respondents, one boy and one daughter pattern is predominant, showing 28.5 percent in middle/high school teachers and 21.1 percent in college professors. As for the desired number of children of unmarried respondents, it is observed that 43.8 percent of middle/high school teachers desire to have one boy and one girl, and 31.3 percent of college professors want to have one child regardless of the sex. By assessing the degree of awareness of the population education through their students, it is observed that 53 percent of middle/high school teachers and 50 percent of college professors are aware of population education in some extent and that a majority of respondents took the positive attitudes toward an inclusion of family planning components into the formal school education. Another noteworthy to observe is that a total of 84.8 percent out of middle/high school teachers pointed that the population education currently conducted at schools as a part of home economics are less sufficient than it should be. 3) Analyzing the tendency as to whether the respondents were experienced in receiving population education during the time when they were students, 75 percent of college professors and 59 percent of middle/high school teachers responded negative answers in the survey. In the mean time, a total of 50 percent of the respondents replied that they began to acknowledge the importance of population education mainly through the participation of some sort of population-education orientend seminars, experienced by 40 percent of college professors and 80 percent of middle/high school teachers. 4) What it calls attention in this study was to find that 96.5 percent of middle/high school teachers and 72 percent of college professors conduct population education to some extent during their lecture hours and that more than 80 percent of them are never experienced in teaching population and family planning contents in their regular classes. It is, on the other hand, found that no more than once was the response of those who believe themselves that they are experienced in teaching these relevant components to their students. Analyzing the contents of the subjects being taught in the class, a large percent of them are found to be consisted of population and family planning contents. According to this study, the current population education through the formal school is quite inactive. Analyzing the facts, 44.9 percent of the college professors responded that the population and family planning components are quite apart from their specialization which eventually generates lack of interest in the field. 5) It is also noticed through the study that the degree of frequency of commenting on population and family planning contents during the classes was depending significantly on their specializations which means that the degree of frequency varies from a major to another. Those who majored in home managerial science was the first one, as compared to others who majored in different specializations. Glancing over the status of correlations between ages of the respondents and numbers of seminar paticipation, it is quite clear that the aged group participated more than the younger group did, and that the most highest number of participations made by college professors were those who are in 50s. In addition, it is also found that those who are aged 20s and 60s of the respondents were the group who comments least on the contents of population and family planning at their classes. The suggestions and recommendation made through this survey research are as follows. 1) No one denies that the rapid increase of population, as compared to the limited size of land and resources, will certainly affect adversly to an enhancement of individual life quality which will, eventually, bring forth the poverty of the nation. This is the reasson why we are insisting that the world population be controlled up to an optimum level with a matter of global concerns. It is our understading that the primary aim for reducing number of population is believed to be attained only by conducting the systematic and comprehensive population education through the formal schools. Therefore, the role of home economists in the field of population/family planning education is considered very importment due to the fact that an ultimate goal of population education is placed in elevating the quality of family life by having optimum number of children through family planning program. 2) It is quite clear that home economists as teachers of formal school in all level are invited to pay their attention on redefining the ultimate goal of education and that of population education. We also understant that the primary objective of population education is to change the norm and value of the clients by replenishing the students with pertinent knowledge and attitudes on population and its related problems through a sort of education in order to attain the ultimate goal for enhancing the quality of life. There is no exception in the theory of home economics. An altimate goal of home economics is to elevate the general quality of life through an establishment of value existed in daily life. Considering the relations between population education and home economics, it is quite indespensable to bandle population components as an integral part in the field of home economics. We believe, therefore, that the senior home economists positive participation in the effort population control is more needed than it has been. 3) It is also strongly urged that population education should be a part of instructor training course for home economics. In other words, the teacher of home economics should be well aware of population and its problems by teaching interrelationship between population education and home economics, needs, contents and methods of population education during the instructor training courese for home economics. In addition, the senior home economists should be encouraged through positive participation on the short term training by types of domestic and international seminar, workshop, etc. 4) We certainly believe that the population education can not sustain itself without any backing-up of information and findings' of various and comprehensive researches of natural and social sciences. Accordingly, every senior home economist is invited to exert their maximum effort to conduct systematic study with an aim to utilize these findings and information at best in population education in the field of home economics. Therefore, we consider that the development of training material is imminent in order to provide effective and efficient population education through the for training of home economies. It should be noted that these training materials must be carefully designed, tailored and developed to meet the different classes of trainees under the considerations as to whether it is easily adaptable and infusable into the curricula of every field of home economics, and it is acceptable in the degree of difficulty and quality in its contents. 5) It is true that there are many domestic and international research rapers, reports and findings in the field of population education and family planning. However, there is a tendency that the most of research papers are heavily relying on the authors intension and preferences in its expression and publication. Under these circumstances, it is urged that the home economists should aware of the growing need of the technical training in order to keep these available information and research findings reprocessed and redesigned to insure the practical application into the population education in the field of home economics in Korea.