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The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

Implementation Strategy of Global Framework for Climate Service through Global Initiatives in AgroMeteorology for Agriculture and Food Security Sector (선도적 농림기상 국제협력을 통한 농업과 식량안보분야 전지구기후 서비스체계 구축 전략)

  • Lee, Byong-Lyol;Rossi, Federica;Motha, Raymond;Stefanski, Robert
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.15 no.2
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    • pp.109-117
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    • 2013
  • The Global Framework on Climate Services (GFCS) will guide the development of climate services that link science-based climate information and predictions with climate-risk management and adaptation to climate change. GFCS structure is made up of 5 pillars; Observations/Monitoring (OBS), Research/ Modeling/ Prediction (RES), Climate Services Information System (CSIS) and User Interface Platform (UIP) which are all supplemented with Capacity Development (CD). Corresponding to each GFCS pillar, the Commission for Agricultural Meteorology (CAgM) has been proposing "Global Initiatives in AgroMeteorology" (GIAM) in order to facilitate GFCS implementation scheme from the perspective of AgroMeteorology - Global AgroMeteorological Outlook System (GAMOS) for OBS, Global AgroMeteorological Pilot Projects (GAMPP) for RES, Global Federation of AgroMeteorological Society (GFAMS) for UIP/RES, WAMIS next phase for CSIS/UIP, and Global Centers of Research and Excellence in AgroMeteorology (GCREAM) for CD, through which next generation experts will be brought up as virtuous cycle for human resource procurements. The World AgroMeteorological Information Service (WAMIS) is a dedicated web server in which agrometeorological bulletins and advisories from members are placed. CAgM is about to extend its service into a Grid portal to share computer resources, information and human resources with user communities as a part of GFCS. To facilitate ICT resources sharing, a specialized or dedicated Data Center or Production Center (DCPC) of WMO Information System for WAMIS is under implementation by Korea Meteorological Administration. CAgM will provide land surface information to support LDAS (Land Data Assimilation System) of next generation Earth System as an information provider. The International Society for Agricultural Meteorology (INSAM) is an Internet market place for agrometeorologists. In an effort to strengthen INSAM as UIP for research community in AgroMeteorology, it was proposed by CAgM to establish Global Federation of AgroMeteorological Society (GFAMS). CAgM will try to encourage the next generation agrometeorological experts through Global Center of Excellence in Research and Education in AgroMeteorology (GCREAM) including graduate programmes under the framework of GENRI as a governing hub of Global Initiatives in AgroMeteorology (GIAM of CAgM). It would be coordinated under the framework of GENRI as a governing hub for all global initiatives such as GFAMS, GAMPP, GAPON including WAMIS II, primarily targeting on GFCS implementations.

In Vitro imaging of MRI and Ultrasound for Colorectal Carcinoma (직결장암 조직의 자기공명영상과 초음파 소견에 대한 비교 연구)

  • Lee, Hwang Kyu;Jee, Keum Nahn;Hong, Sujin;Koh, Jae Hyang
    • Investigative Magnetic Resonance Imaging
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    • v.17 no.2
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    • pp.133-143
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    • 2013
  • Purpose : To evaluate and compare the accuracy of magnetic resonance imaging (MRI) and ultrasound (US) for detection and estimation of invasion depth of colorectal carcinoma (CRC) by correlation with histopathologic findings in vitro, and to find out the best MR pulse sequence for accurate delineation of tumor from surrounding normal tissue. Materials and Methods: Resected specimens of CRC from 45 patients were examined about tumor detectability and invasion depth of US using high frequency (5-17 MHz) linear transducer in a tube filled with normal saline and MRI in a 8-channel quadrate head coil. The institutional review board approved this study and informed consent was waived. MRI with seven pulse sequences of in- and out-of-phases gradient echo T1 weighted images, fast spin echo T2 weighted image and its fat suppression image, fast imaging employing steady-state acquisition (FIESTA) and its fat suppression image, and diffusion weighted image (DWI) were performed. In each case, both imaging findings of MRI and US were evaluated independently for detection and estimation of invasion depth of tumor by consensus of two radiologists and were compared about diagnostic accuracy according to the histopathologic findings as reference standard. Seven MR pulse sequences were evaluated on the point of accurate delineation of tumor from surrounding normal tissue in each specimen. Results: In specimens of CRC, both imaging modalities of MRI (91.1%) and US (86.7%) showed relatively high diagnostic accuracy to detect tumor and evaluate invasion depth of tumor. In early CRC, diagnostic accuracy of US was 87.5% and that of MRI was 75.0%. There was no statistically significant difference between two imaging modalities (p > 0.05). The best pulse sequence among seven MR sequences for accurate delineation of tumor from surrounding normal tissue in each specimen of CRC was fast spin echo T2 weighted image. Conclusion: MRI and US show relatively high diagnostic accuracy to detect tumor and evaluate invasion depth of resected specimen of CRC. The most excellent pulse sequence of MRI for accurate delineation of tumor from surrounding normal tissue in CRC is fast spin echo T2 weighted image.

Improvement Plan to Facilitate a Landscape Architectural Promotion Facility and Complex System (조경진흥시설과 조경진흥단지 제도 활성화 방안 연구)

  • Kim, Yong-Gook;Kim, Shin-Sung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.46 no.1
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    • pp.9-16
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    • 2018
  • Landscape architecture is an indispensable professional service in building sustainable land and urban environments. The landscape architecture industry is closely related to the promotion of the health and welfare of the people, urban revitalization and residential environment improvement as well as job creation. Despite various public interest values of landscape architecture, the growth engine of the landscape architecture industry, which is supposed to improve the quality of landscape services, has stagnated. In 2015, the Landscape Architecture Promotion Act was enacted to provide a landscape architectural promotion facility and complex system to support revitalization through the integration of the landscape architecture industry. The purpose of this study is to suggest an improvement plan to enhance the effectiveness of the landscape architectural promotion facility and complex system. The results of the analysis are as follows: First, workers and experts in landscape architecture recognized the need for policies and projects to promote the landscape architecture industry. Second, the industrial types suitable for the landscape architectural promotion facility were landscape design, landscape maintenance and management, and landscape construction industry. Meanwhile the industrial types suitable for a landscape architectural promotion complex were landscape trees and landscape facilities production and distribution. Third, the expected effect of the designation of the landscape architectural facility was 'the increase of the business opportunity through the expansion of the network'. On the other hand, that of the landscape architectural promotion complex was 'the activation of various information sharing'. Fourth, 'the size of the local government landscape architecture industry and the capacity to cultivate' was the most important among the designation criteria of the landscape architectural promotion facility. As for that of the landscape architectural promotion complex, the 'feasibility of promotion plan' was the most crucial. Fifth, 'tax benefit and deductible exemption' was considered as a necessary support method for the activation of the landscape architectural promotion facility, and 'maintenance and management fee support' was recognized in the case of the landscape architectural promotion complex.

Strategic Antitrust Policy Promoting Mergers to Enhance Domestic Competitiveness (기업결합규제(企業結合規制)와 국제경쟁력(國際競爭力))

  • Seong, So-mi
    • KDI Journal of Economic Policy
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    • v.12 no.3
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    • pp.153-172
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    • 1990
  • The present paper investigates the potential value of strategic antitrust policy in an oligopolistic international market. The market is characterized by a non-cooperative Cournot-Nash equilibrium and by asymmetry in costs among firms in the world market. The model is useful for two reasons. First, it is important in the context of policy-making to examine the conditions under which it may be beneficial to relax antitrust law to enhance competitiveness. Second, the explicit derivation of the level of cost-saving required for a gain in total domestic surplus provides an empirical rule for excluding industries that do not satisfy the requirements for a socially beneficial antitrust exemption. Results of the analysis include a criterion that tells how the cost-saving and concentration effects of a merger offset each other. The criterion is derived from fairly general assumptions on demand functions and is simple enough to be applied as a part of the merger guidelines. Another interesting policy implication of our analysis is that promoting mergers would not be a beneficial strategy in a net importing industry where cost-saving opportunities are thin. Cost-saving domestic mergers are more likely to increase national welfare in exporting industries. The best candidate industries for application of strategic antitrust policy are those with the following characteristics: (i) a large potential for efficiency enhancement; (ii) high market concentration at the world but not the domestic level; (iii) a high ratio of exports to imports. Recently, many policymakers and economists in Korea have also come to believe that the appropriate antitrust policy in an era of increased foreign competition may actually be to encourage rather than to prohibit domestic mergers. The Industry Development Act of 1986 and the proposed bill for Mergers and Conversions in the Financial Industry of 1990 reflect this changing perspective on antitrust policy. Antitrust laws may burden domestic firms in the sense that they have a more constrained strategy set. Expenditures to avoid antitrust attacks could also increase costs for domestic firms. But there is no clear evidence that the impact of antitrust policy is significant enough to harm the competitiveness of domestic firms. As a matter of fact, it is necessary for domestic financial institutions to become large in scale in this era of globalization. However, the absence of empirical evidence for efficiency enhancement from mergers suggests caution in the relaxation of antitrust standards.

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Effects of hydrocolloids on wheat flour rheology (Hydrocolloid의 첨가가 밀가루 반죽의 특성에 미치는 영향)

  • 임경숙;황인경
    • Korean journal of food and cookery science
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    • v.15 no.3
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    • pp.203-209
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    • 1999
  • The effect of several hydrocolloids on the rheological behavior of wheat flour was investigated. The influence of the selected hydrocolloids (alginate, carrageenan, CMC, guar, locustbean and xanthan) on wheat flour was tested by using two different techniques; amylograph and texture analyzer. In order to have a general overview of their effects hydrocolloids were chosen from different sources implying a broad diversity of chemical structures. The hydrocolloid addition decreased the brightness(L) but increased yellowness(b). The interaction between hydrocolloid and flour produces a slight modification of the amylogram parameters, being the most clearly affected parameter breakdown, which is increased by carrageenan, guar and xanthan. Hardness and cutting force were augmented by hydrocolloid addition, while springeness was decreased except guar and locustbean. In summary, when looking for the improvement of the noodle texture, guar, locustbean are the best candidate additives due to their effects on pasting and texture properties. These hydrocolloids increase the hardness, cutting force, gumness, chew-ness, so were thought to increase the eating quality. So, each tested hydrocolloid affected in a different way the rheological properties of wheat flour, the results obtained are important for the appropriate use of these hydrocolloid as ingredients in the noodle making process.

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A Study on the Model Regulation's Improvement for Control of Aeronautical Obstacles in Korea (항공장애물관리규정 개선을 위한 연구)

  • Lee, Kang-Seok
    • Journal of Korean Society of Transportation
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    • v.23 no.3 s.81
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    • pp.21-34
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    • 2005
  • To control the obstacles surrounding aerodrome is significant for preventing air accident and ensuring the long sustaining of aerodromes. On the other hand, within a scope of ensuring safe flight operations, the application of Shielding is one of the issues to be importantly considered to manage efficiently the obstacles limitation around aerodromes, to dissolute the private asset privilege limitation from regulation on aerodrome circumference, and to decrease the pains to manage the obstacles, in terms of not only operating safely but also utilizing efficiently the airspace around aerodromes. The ICAO and other aviation-advanced states mitigate the construction limitation or exempt the obligation of obstacle sign by applying the shielding theory that the obstacles are not regarded as obstacles where are below the shadow surface. The Republic of Korea inserted the new regulation including the applying shielding similar to ICAO on Aviation Act and regulations. It is, however, hard to manage the aviation obstacles around aerodrome efficiently with these new regulation. Particularly, there exists much rooms to dispute because it cannot suggest the specific standard which is necessary to apply shielding theory at airspace of aerodromes. Therefore, in this study, the international standards on aviation obstacles were reviewed, analyzed and compared with those of domestic status. The direction of which guideline for control of aeronautical obstacles applicable within domestic circumstances as well as correspondent with international standard was suggested. Particularly, as far as the disputable application of shielding theory is concerned, the alternatives for aviation safety and efficient airspace operation by suggesting the clear standards alternatives were suggested.

Rehospitalization Rate and Medical Cost of Infants in the First Year after Discharge from Neonatal Intensive Care Units (신생아중환자실 입원자의 퇴원 후 재입원의 빈도와 의료비용)

  • Bae, Chong-Woo;Shim, Kye-Shik;Hahn, Won-Ho;Kim, Ki-Soo;Kim, Beyong-Il;Shin, Son-Moon;Lee, Sang-Lak;Lim, Baek-Keun;Choi, Young-Youn
    • Neonatal Medicine
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    • v.17 no.1
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    • pp.13-20
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    • 2010
  • Purpose : Because infants who have been hospitalized in the neonatal intensive care unit (NICU) are usually ill or premature, they are hospitalized repeatedly after their discharge. We intended to survey the frequencies and the medical costs of those rehospitalizations. Methods : The NICUs of 7 major hospitals were included. The subjects were 3,451 infants that were admitted to the NICU from July 2005 to June 2006, and discharged to home. The frequency, causes, mean cost and distribution and proportion of National Health Insurance coverage and non covered costs were analyzed. Results : The rate of rehospitalization after discharge from the NICU over 1 year was 14.8%. If multiple cases are considered as individual cases, it is 21.7%. The major causes of admission were pneumonia (15.8%), bronchiolitis (14.5%), gastroenteritis (10.4%), urinary tract infection (6.3%) and sepsis (6.3%). The mean cost for each admission was 1,652 thousand won. The mean cost of National Health Insurance coverage was 1,170 thousand won and non covered coat were 472 thousand won 70.9% and 28.6% respectively. Conclusion : The ratio of rehospitalization of infants after their discharge from the NICU over 1 year was approximately 20% and it means that follow-up management of these infants is very important and meticulous concerns after discharge should be given. However the rehospitalization and the non-coverage proportion of National Health Insurance cost is considerably high. It strongly implies that National Health Insurance should cover much more proportion, and personal cost exemption should be proceeded in case of rehospitalization of infants after discharge from the NICU.

A Study on Space Insurance of Foreign nation's Law (외국의 우주보험 관련법 연구)

  • Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.271-297
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    • 2011
  • Recently, risk of space accident possibility increased in according to commercial space activity and space debris. It failed launch satellite second times in South Korea. Therefore was discussed on liability and insurance issue. Generally, discuss of space insurance be divided two type. Firstly, space insurance relevant to launching satellite and in-orbit. Satellite Launch Insurance and In-Orbit Insurance by the Satellite Operator Secondly, space insurance relevant to Third Party Liability. The former is to protect owner of satellite and operator. The latter is to liable and indemnify owner of satellite and operator's liability. US, UK, France, Russia, South Korea forced to buy space insurance following to domestic law. This is a brief overview of risk allocation and insurance practices in the commercial space transportation industry today. We begin with traditional space transportation, i.e., commercial satellite launches. This is a mature industry with known players. Industry practices have developed and legislation has been adopted in the U.S. and other countries over the past decades to address liability and insurance issues. The primary focus here is on U.S. law, but the discussion of industry practice applies more generally. We then move on to a more exotic form of space transportation: Commercial human space flight. Several private companies are now signing up space tourists for commercial suborbital human space flight, advertised to become available in the near future. The United States amended its launch legislation in 2004 to promote commercial human space flight. But questions remain as to how this new industry will respond to the risk allocation regime established by the U.S. legislation, which leaves both the space flight operator and space tourist exposed to risk and potential liability. As a general proposition, state statutes and contractual waivers alone cannot be relied upon to provide adequate liability protection, and insurance will be required. Federally mandated contractual waivers by space flight participants or liability caps would be helpful to complement insurance solutions. Eventually, as the industry matures, such practices could be extended to an international legal regime. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and concluded that uniform legal regime to govern these insurance issues should be established domestically and internationally in the future.

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Policy Suggestions for Korea Aviation Industry's Fair Competition (항공운송산업의 공정경쟁에 대한 이해와 정책적 제언)

  • Park, Jin-Seo;Kim, Je-Chul;Han, Ik-Hyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.129-153
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    • 2017
  • Fair Competition policy in aviation field has been discussed since open skies policy began in 1970s. This issue has been also the main topic in the ICAO's Worldwide Air Transport Conference, the Air Transport Symposium, etc. ICAO defines competition as the existent or potential rivalry between two or more operators, carriers or groups, striving for advantages in the same market based on different prices, qualities and services. In a broader sense, the definition includes more various meanings; reasonable, fair, effective, and unrestricted competitions. Nowadays, competition laws and regulations to air transportation have been applied more frequently and the issues varies from antitrust immunity, mergers and alliances, abuse of dominant positions, capacity dumping and predatory pricing, sales and marketing, to airport charges and fees, state aid and loan guarantees. Now, the competition among the airlines or nations in aviation industry is changing to cooperation level. A lot of airlines try to survive by various cooperation methods. Therefore the policy of Korean aviation industry should be developed, taking so-called "the viewpoint of national aviation industry ecosystem" into consideration and Korean government should prepare a policy of fair competition to cope with it. First, in the process of open skies policy with neighboring countries such as China, Japan and the Middle East, it is necessary to apply the fair competition act and prepare laws and regulations to implement it. Second, the standards of effective ownership and control of air transportation business should be reviewed. Third, in preparation for aviation agreements and liberalization, the Korean aviation industry needs to study and review competition and cooperation issues through the analysis of strict aviation market structure for airlines and airport operations. Fourth, it is necessary to create a fair air transportation environment for the development of air transportation and competitiveness through preemptive policies such as the approval of mergers, acquisitions, JV and the ripple effects analysis.

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