• Journal of The Geomorphological Association of Korea
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• v.19 no.3
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• pp.1-22
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• 2012

The classification scheme of estuaries can be divided into two categories: qualitative classification based on geomorphic characteristics and quantitative classification based upon the physical properties of water body. While simple and intuitive scheme of the former is difficult to quantify, the latter is not easy to apply due to the lack of data. A classification scheme based on morphological convergence is very promising because it only requires easily accessible data such as width and depth of channels, as well as it can characterize estuaries in terms of tidal propagation. Thus, this paper examines the classification scheme based on estuarine morphological convergence using depth and width data obtained from 19 major Korean estuaries. Morphological convergence for each estuary was estimated with the estuarine length, width and depth data to get the convergence parameters, which includes the degree of funneling ${\nu}$ and the dimensionless estuarine length $y_0$. The transfer function ${\xi}({\nu},ky)$ is then deduced analytically from 1D depth-integrated hydrodynamic momentum equation and continuity equation for estuarine shapes. Tidal response of each estuary is finally calculated using ${\nu}$, $y_0$ and ${\xi}({\nu},ky)$ for comparison and classification. The 19 Korean estuaries were classified into three groups: tidal amplitude-dominated estuaries with standing wave-like tidal response (group 1), current-dominated estuaries with progressive wave-like tidal response (group 2), and the intermediate group (group 3) between groups 1 and 2. The sensitivity analysis revealed that uncertainties in determining the estuarine length can have a critical effect upon the results of classification, which indicates that the reasonable determination of the estuarine length is of critical importance. Once the estuarine length is feasibly determined, depth-convergence can be neglected without any negative effect on the classification scheme, which has an important ramification on the wide applicability of the classification scheme.

• Review of Culture and Economy
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• v.21 no.2
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• pp.141-173
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• 2018

In this article, we explore how artistic fame is formed by analyzing antecedents of fame the extent to which the name of an actor or his/her work is positively known by his/her audiences among Korean handicraft artists. Drawing on prior literature on reputation and fame, we clarify the differences between the concept of reputation and the concept of fame and further distinguish three types of reputation among individual artists, depending on its sources expert reputation, market reputation, and peer reputation. We employ the mixed method in this study, in which we first conducted open-end interviews with three kinds of constituents (i.e., critics, market intermediaries, and artists) and then developed and tested the hypotheses derived from the insights we had obtained from the interviews. We further considered the impact of reputational work, defined as the level of effort devoted and activities performed by an artist him(her)self geared toward promoting his(her) work, on artistic fame. We find that there are large differences in factors associated with artistic fame between non elite and elite Korean handicraft artist groups, where elite status is captured by artists' educational background (i.e., Seoul National University and Hongik University, which are considered elite schools in accordance with prior research). Specifically, findings suggest that among non elite status artists, recognition by experts, or what we call expert reputation, acquired through national awards and invitations from prominent exhibitions as well as artists' own reputational work that incurs high cost, such as self-financed exhibition openings, were shown to be highly significant factors associated with artistic fame, which was measured as the number of media exposures related to her/his art work. By contrast, among elite status artists, peer reputation acquired through an artist's institutional affiliations and relatively low cost artists' own reputational work, such as self listing on a highly publicized magazine, were shown to be significant factors associated with fame. Taken together, this paper contributes to research on cultural industries and markets by highlighting the importance of understanding artistic fame not just as the outcome of her/his talent but as the social product that arises at the intersection of actors (artists) and her/his audiences in the social evaluation process.

• Korean Journal of Social Welfare Studies
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• no.36
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• pp.55-80
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• 2008

Research on the welfare state or income inequality has been concerned with variations in inequality between societies or families. These studies tend to view the family as a unit of shared interests where incomes are pooled and distributed equally. This study makes a theoretical and empirical case for why it is important to look at economic dependency within the family in comparative welfare state research. Using the Luxembourg Income Study data this study examined married women's dependency on their husbands' earnings in 16 western industrialized countries. The constructed measure for married women's level of economic dependency followed the procedure of Sørensen & McLanahan(1987), which stated : "her dependency is measured by the extent to which a woman's standard of living(as determined by her share of income) is derived from a transfer from her husband." The finding suggested that married women's economic dependence was lowest in Scandinavian countries. On the contrary, in Southern Europe countries most married women were dependent on husbands' earnings. In Netherlands, Austria, Germany where the share of part-time work among married women was high, married women's economic dependence was also high. This showed the women's labor force participation did not mean that the majority of couples were equal with respect to earnings, nor that a major shift in the sexual division of labour has taken place. This paper analysed the causal relationship between the married women's economic independence and the welfare state by using Ragin(2000)'s Fuzzy-Set Qualitative Comparative Analysis. This analysis considered the various conditions of the welfare state : namely, left power, union mobilization density, women's mobilization, public service sector employment and generous support on the family. The result showed that powerful union, high level of women's mobilization and the generous support on the family were necessary conditions for 'relatively high' level of married women's economic independence.

• Journal of Legislation Research
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• no.41
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• pp.229-260
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• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

• Korean Journal of Social Welfare Studies
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• v.49 no.3
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• pp.5-33
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• 2018

A self-sufficiency service has worked as a typical workfare policy combined with public assistance in Korea since 2000. Despite of its long history, three core pillars in administrating the self-sufficiency service, policy, research, and practice, have respectively understood the meaning of self-sufficiency in terms of their own interests. As a result, the self-sufficiency service has recently faced with its own identity issues by showing failures to its environmental changes. The current situation makes it necessary to reconceptualize the definition of self-sufficiency by exploring its in-depth understanding perceived by service providers. Specifically, we analyzed practical reflections on 35 service providers' experiences which were collected via focus group interviews for two hours. The study findings presented that service providers had two antithetical approaches towards self-sufficiency. While a dominant approach to self-sufficiency has been concentrated on improving clients' economic outcomes such as employment, job retention, the escape from welfare trap, and increasing earnings and assets, the other approach has been extended to empower clients and achieve their well-being and quality of life. Yet, these contrary perspectives have led to suffer from their role confusions and identity crisis between the work-ready process and the employment-oriented outcomes. Specifically, they described self-sufficiency in terms of psychological, social, and integrated aspects. The psychological aspect included a process of developing inner strengths, intensifying job motivation, and coping with barriers of employment. The social aspect meant a path toward social integration through recovering human relationships. The integrated aspect covered more comprehensive support for their recovery of daily life and autonomy to make a decision for their own life. In conclusion, the study findings suggest that self-sufficiency should be more extensively considered as a stepwise process towards work-ready preparations beyond ultimate economic outcomes. Such an extended concept of self-sufficiency could contribute to restructuring the whole practice of self-sufficiency including organizational and program changes in the fields.

• Journal of Legislation Research
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• no.41
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• pp.367-399
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• 2011

This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.

• Journal of the Korean Society of Child Welfare
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• no.36
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• pp.289-322
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• 2011

The purpose of this study is to examine the relationship between job characteristics such as role conflict, workload, and self-efficacy, secondary traumatic stress(STS), and burnout of social-workers who are working with survivors of child abuse, spouse abuse and sexual assault. While burnout has been studied over two decades all over the world, secondary traumatic stress(STS) is a less familiar term in the field of social work. Studies explaining the relationship between job-demands, STS, and burnout for social workers working with violence victims lack integrative insights across agencies serving children and adults. Thus, we examine whether the relationships between change based on wheter the survivor is a child or an adult. Two hundred thirty three social workers in Korea who work with violence victims participated in the survey. The data were analyzed with Amos 7.0. Results indicate that STS plays a key role in explaining social worker burnout across the agencies, and Child Protective Service workers were found to have the highest STS symptoms. The pathways to social worker burnout proved to be different based on who you served. Theoretical and practical implications of these findings were discussed.

• Journal of Legislation Research
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• no.53
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• pp.525-551
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• 2017

This Article discusses the current trend of European competition damage actions focused on the recent Damage Directive and its transposition by the United Kingdom and Germany. The relevant Directive was signed into law in November 2014, and it requires the EU Member States to adopt certain measures to support competition damage actions. The required measures and principles by the Directive include right to full compensation, rebuttable presumption of harm, extensive disclosure of evidence, use of pass-on for defense and indirect purchaser suits. Although many Member States did not meet the deadline to transpose the Directive, the end of 2016, it is reported that 23 Member States have now, as of September 2017, made enactments according to the Directive. When we look at the transposition done by the United Kingdom and Germany, the revisions on their competition laws closely follow the contents of the Directive. However, it will take quite a long time before the amended provisions apply to actual cases since most of the new provisions apply to the infringement that take place after the date of the amendment. A similar situation regarding application time may happen in some other Member States. Furthermore, even if the terms of the competition laws of the Member States become similar following the Directive, the interpretations of the laws may differ by the courts of different countries. EU also does not have a tool to coordinate the litigations that are brought in different Member States under the same facts. It is true that the EU made a big step to enhance competition damage actions by enacting Damage Directive. However, it needs to take more time and resources to have settled system of competition private litigation throughout the Member States. Korea has also experienced increase in competition damage actions during the last fifteen years, and there have been some revisions of the relevant fair trade law as well as development of relevant legal principles by court decisions. Although there are some suggestions that Korea should have more enactments similar to the EU Directive, its seems wiser for Korea to take time to observe how EU countries actually operate competition damage actions after they transposed the Directive. Then, it will be able to gain some wisdom to adopt competition action measures that are suitable for Korean legal system and culture.

• Journal of Legislation Research
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• no.53
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• pp.553-591
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• 2017

This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

• Journal of Korean Classical Literature and Education
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• no.35
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• pp.153-193
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• 2017

This study explores the creation and enjoyment of Kuwoonmong (九雲夢) using a reference system called the cultural imagination, which is related to the Yin-Yang (陰陽) and Wu Xing (五行). When Kim Manjung wrote Guwoonmong, he may have composed figures and events based on this imagination. In particular, when he designed the eight seonnyeo (팔선녀), he set the order such as Gap (甲), Eul (乙), Byeong (병), Jeong (丁), etc. and characterized them according to the celestial stem (天干). Thus it was easy to avoid overlapping of characters and to construct various stories and relationships between them. The table below shows the characters of Kuwoonmong corresponding to the celestial stem. In not only the individual person but also the narrative world, Kuwoonmon demonstrates Yin-Yang and Wu Xing's imagination. In this respect, Kuwoonmon can be considered a large symbol encompassing the abstract theory of Yin-Yang and Wu Xing. Of course, the writer, Kim, Manjung would not have tried to symbolize the principle intentionally. However, he was also present in the environment of the cultural imagination that has been formed over the years. The same is true for the contemporary recipients of Guwunmong. They would have had a pleasant experience applying the cultural imagination and strengthening their familiar world view and human view.