• Title/Summary/Keyword: 정책 규범

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A Study on the Legal Issues on the Payment of Renewable Energy Subsidies (신재생에너지 보조금 지급에 관한 법적쟁점 고찰)

  • Park, Ji-Eun;Lee, Yang-Kee
    • Korea Trade Review
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    • v.43 no.4
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    • pp.111-130
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    • 2018
  • In December 2015, the Paris Agreement was adopted to cope with global warming caused by greenhouse gas emission and to prevent the average temperature of the Earth from rising. Renewable energy sources have become important to address environmental problems such as rising sea levels, depletion of forests and fine dust. In order to grow renewable energy, government support is needed. However, excessive government support for the renewable energy industry could pose problems that include undermining fair competition and raising costs. The WTO already has heard cases involving renewable energy subsidies. This article focuses on subsidies and countervailing tariffs as well as examines WTO disputes related to renewable subsidies, and also analyze legal issues that are problematic in granting subsidies for the development of new renewable energy industries. In WTO dispute involving renewable energy subsidies, legal issues are SCM Agreement article 2 Specificity, article 3 (b) import substitution subsidy and GATT article 20. This paper proposes improvement measures such as the reintroduction of article 8 Non-Actionable Subsidies or special provisions on energy subsidy. In addition, it is necessary to clarify the interpretation of Article 3 of the subsidy agreement. However, excessive government subsidies can lead to trade friction, so the WTO rules should be improved in line with the WTO goals of environmental protection, equity in free trade, and sustainable development.

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A Study on the Effects of Self-support Program Participants' Social Capital on Their Quality of Life - Focusing on the mediating effect of job satisfaction - (자활사업 참여자의 사회적 자본이 삶의 질에 미치는 영향에 관한 연구 - 직무만족의 매개효과를 중심으로 -)

  • Lee, Mi-Ra
    • Korean Journal of Social Welfare Studies
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    • v.42 no.4
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    • pp.413-443
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    • 2011
  • The objectives of this study were to survey the level of social capital owned by self-support program participants, and to analyze the direct and indirect effects of social capital on their quality of life. Particularly because an individual's life is highly likely to be influenced by multiple aspects including human relation, this study purposed to determine the mediating effect of job satisfaction in the relation between social capital and the quality of life. The survey used a structured questionnaire, and in the contents of the questionnaire, the quality of life was selected as a dependent variable, social capital as an independent variable, and the job satisfaction as a mediating variable affecting the relation between social capital and the quality of life. The results of this study were as follows. First, as to the relation between self-support program participants' social capital and the quality of life, the network level and the normative level hand an important effect on the quality of life. Second, as to the relation between self-support program participants' social capital and job satisfaction, social capital had a negative effect on job satisfaction. Third, in the relation between self-support program participants' social capital and their quality of life, the mediating effect of job satisfaction was positive and this supports the spillover model among hypotheses on the relation between job satisfaction and the quality of life.

The North Korean Female Refugees' Personality and Psychological Adaptation (여성 새터민의 성격유형에 따른 심리적응)

  • Young Mi Sohn;Sook Jung Kang;Cheong Yeul Park
    • Korean Journal of Culture and Social Issue
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    • v.20 no.1
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    • pp.19-44
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    • 2014
  • This study was conducted to investigate the types of personality of North Korean female refugees, which were extracted from the T-scores of SPFQ(scales of the Sixteen Personality Factor Questionnaire) and psychological adaptation. For this, The data of 158 North Korean female refugees located in Seoul Yangchun-Gu and Gayang-Gu was analyzed. The results were as follows. Firstly, the ratio of over 65T in ego-strength, self-control, social-boldness, anxiety scales and under 34T in abstractedness and openness to change scales was higher than in other scales. Secondly, there were statistically significant differences in personality characteristics based on the demographic variables especially age and the term of residence in South Korea. Thirdly, three distinct groups were extracted from the K-means cluster analysis. The first group was characterized with emotional-unstability and negative emotionality. And the North Korean female refugees in the second group hesitated to enter into and maintain proper relationships with south korean, while they were unlikely to accept norms and rules in South Korea. The third group, characterized by higher emotional stability, ego-strength, and agreeableness, was met normal range in all the scale of SPFQ. Finally, each three groups were showed statistically significant differences in psychological adaptation scales(self-identity and resilience). We expected that these results contributed to explore the psychological and the political plans for North Korean female refugees' settlement in South Korea.

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An Exploratory Study on the Strategic Responses to ESG Evaluation of SMEs (중소기업의 ESG평가에 대한 전략적 대응방안 탐색적 연구)

  • Park, Yoon Su
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.18 no.1
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    • pp.47-65
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    • 2023
  • As stakeholder demands and sustainable finance grow, ESG management and ESG evaluation are becoming important. SMEs should also prepare for the trends of ESG rating practices that affects supply chain management and financial transactions. However, SMEs have no choice but to focus on survival first, so there are restrictions on putting into ESG management. In addition, there is a lack of research on the legitimacy of ESG management by SMEs, and volatility in ESG evaluation systems and rating grades is also increasing. Accordingly, it is necessary to review ESG evaluation trends and practical guidelines along with the review of previous studies. As a result of the exploratory study, SMEs need to implement ESG management and make efforts to specialize in ESG related new businesses under conditions in which their survival base is guaranteed in terms of implementation strategies. In addition, it is necessary to focus on the strategic use of various evaluation results along with accumulating information favorable for ESG evaluation through organizational learning and software management. The implications of this study are that various studies such as the classification criteria for SMEs and the relationship between ESG evaluation grades and long-term survival rates are needed in ESG evaluation of SMEs. At the government policy level, it is time to consider the ESG evaluation system exclusively for SMEs so that ESG management can be implemented and ESG evaluation at different levels by industry and size.

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Submarine Discharge of Fresh Groundwater Through the Coastal Area of Korea Peninsula: Importance as a Future Water Resource (한반도 주변 연안 해저를 통한 담지하수의 유출: 미래 수자원으로서의 중요성)

  • Hwang, Dong-Woon;Kim, Gue-Buem;Lee, Jae-Young
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.15 no.4
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    • pp.192-202
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    • 2010
  • Submarine groundwater discharge (SGD) has been recognized as a provider for freshwater, nutrients, and dissolved constituents from continents to the oceans and paid more attention with regard to the mass balance of water or dissolved constituents on local and global scales. The submarine discharge of fresh groundwater (fresh SGD) through seepage or springs in coastal ocean may be especially important in aspects of water resource and marine environment managements in the future. Based on the worldwide compilations of observed fresh SGD, our review reveals that fresh SGD occurs in various marine environments along most shoreline of the world and the global estimates of fresh SGD were approximately 0.01-17% of surface runoff. In addition, the input of fresh SGD calculated and investigated in this study were about 50%, 57%, 89%, and 420% of total river discharge in Jeju Island, Yeongil Bay, Masan Bay, and Yeoja Bay, respectively. These inputs from fresh SGD along the shoreline of Korea Peninsula are much higher than those of the whole world, greatly vary with the region. However, since these estimates are based on the water balance method mainly used in coastal ocean, we have to perform continuous monitoring of various parameters, such as precipitation, tide, evapotanspiration and water residence time, which have an impact on the water balance in a lot of areas for evaluating the precise input of fresh SGD. In addition, since the method estimating the input of fresh SGD has brought up many problems, it is required to make an intercomparison between various methods such as hydrogeological assumption, numerical modeling, and seepage meter.

The Liability for Space Activity of Launching State of Space Object and Improvement of Korea's Space Policy (우주물체 발사국의 우주활동에 대한 책임과 우리나라 우주정책의 개선방향)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.295-347
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    • 2013
  • Korea launched the science satellite by the first launch vehicle Naro-ho(KSLV-1) at the Naro Space Center located at Oinarodo, Cohenggun Jellanamdo in August, 2009 and October, 2010. However, the first and second launch failed. At last, on January 30, 2013 the third launch of the launch vehicle Naro-ho has successfully launched and the Naro science satellite penetrated into the space orbit. Owing to the succeed of the launch of Naro-ho, Korea joined the space club by the eleventh turn following the United States, Russia, Japan and China. The United Nations adopted the Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1972, the Regislation Convention of 1976, and Moon Agreement of 1979. Korea ratified the above space-related treaties except the Moon Agreement. Such space-related treaties regulate the international liability for the space activity by the launching state of the space object. Especially the Outer Space Treaty regulates the principle concerning the state's liability for the space activity. Each State Party to the Treaty that launches or procures the launching of an object into outer space is internationally liable for damage to another State Party or to its natural or judicial persons by such object or its component parts on the earth, in air space or in outer space. Under the Liability Convention, a launching state shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The major nations of the world made national legislations to observe the above space-related treaties, and to promote the space development, and to regulate the space activity. In Korea, the United States, Russia and Japan, the national space-related legislation regulates the government's liability of the launching state of the space object. The national space-related legislations of the major nations are as follows : the Outer Space Development Promotion Act and Outer Space Damage Compensation Act of Korea, the National Aeronautic and Space Act and Commercial Space Launch Act of the United States, the Law on Space Activity of Russia, and the Law concerning Japan Aerospace Exploration Agency and Space Basic Act of Japan. In order to implement the government's liability of the launching state of space object under space-related treaties and national legislations, and to establish the standing as a strong space nation, Korea shall improve the space-related policy, laws and system as follows : Firstly, the legal system relating to the space development and the space activity shall be maintained. For this matter, the legal arrangement and maintenance shall be made to implement the government's policy and regulation relating to the space development and space activity. Also the legal system shall be maintained in accordance with the elements for consideration when enacting the national legislation relevant to the peaceful exploration and use of outer space adopted by UN COPUOS. Secondly, the liability system for the space damage shall be improved. For this matter, the articles relating to the liability for the damage and the right of claiming compensation for the expense already paid for the damage in case of the joint launch and consigned launch shall be regulated newly. Thirdly, the preservation policy for the space environment shall be established. For this matter, the consideration and preservation policy of the environment in the space development and use shall be established. Also the rule to mitigate the space debris shall be adopted. Fourthly, the international cooperation relating to the space activity shall be promoted. For this matter, the international cooperation obligation of the nation in the exploration and use of outer space shall be observed. Also through the international space-related cooperation, Korea shall secure the capacity of the space development and enter into the space advanced nation.

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Baggage Limitations of Liability of Air Carrier under the Montreal Convention (몬트리올협약상 항공여객운송인의 수하물 책임 - 2012년 11월 22일 EU 사법재판소 C-410/11 판결의 평석 -)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.3-29
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    • 2015
  • In case of C-410/11, Pedro Espada $S\acute{a}nchez$ and Others v Iberia $L\acute{i}neas$ $A\acute{e}reas$ de $Espa\tilde{n}a$ SA., ECLI:EU:C:2012:747, the passengers of a flight between Barcelona and Paris, whose baggage had been lost, lodged a claim before a Spanish court, asking for compensation. More specifically, the claimants were a family of four (two adults and two children), and had stored all their personal items in two suitcases, which had been checked in and tagged but never returned to the passengers in question. The four claimants relied on the Montreal Convention, ratified by the EU, which provides that each passenger can claim up to 1,000 SDRs in compensation (i.e. ${\euro}1,100$) in case his or her baggage is lost; thus, they sought to recover ${\euro}4,400$ (4,000 SDRs, i.e. 1,000 SDRs x4). The preliminary reference issue raised by the Spanish court to the CJEU regarded the $Montr\acute{e}al$ Convention's correct interpretation; in particular, it asked whether compensation should be available only to passengers whose lost baggage had been checked in "in their own name" or whether it is also available to passengers whose personal items had been stored in the (lost) baggage of a different passenger. The CJEU held that compensation had to be granted to all passengers whose items had been lost, regardless of whether these had been stored in baggage checked in "in their own name." In fact, it maintained that the real aim of the $Montr\acute{e}al$ convention is to provide passenger-consumers with protection for the loss of their personal belongings, so the circumstance of where these were being carried is not relevant. Nevertheless, the CJEU clarified that it is for national courts to assess the evidence regarding the actual loss of an item stored in another passenger's baggage, and maintained that the fact that a group of people were travelling together as a family is a factor that may be taken into account.

The Effect of Individual Characteristics and Economic Environment on Entrepreneurship (개인의 계획된 행위와 국가경제환경이 기업가정신에 미치는 영향 분석: OECD국가를 대상으로)

  • Han, Sangyun
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.11 no.4
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    • pp.149-165
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    • 2016
  • The objectives of this study is to assess the influence of individual characteristics and economic environment on the entrepreneurship such as entrepreneurial Intention and behavior based on the theory of Planned behaviors. This study used a country-level merged data set composed of GEM(Global Entrepreneurship Monitor) data and the OECD Statistics data. And this used the fixed effect model to analyze the panel data of 31 OECD countries during the period from 2005 to 2014. Our findings show that subjective norm has a significantly positive effect on entrepreneurial intention. In individual characteristics, the perceived opportunities has a significantly positive effect on early-stage entrepreneurial activity(TEA) and improvement-driven opportunity entrepreneurial activity. We identify the differences of between necessity-driven and improvement-driven opportunity entrepreneurial activity. For example, the effect on necessity-driven entrepreneurial activity is significantly negative. We also find the differences of between necessity-driven and improvement-driven opportunity entrepreneurial activity in economic environment variables. While real GDP growth as a demand variable has a significantly positive effect on necessity-driven entrepreneurial activity, unemployment rate as a supply variable has a significantly negative effect on early-stage entrepreneurial activity(TEA) and improvement-driven opportunity entrepreneurial activity. And GDP per capita as a supply variable has a significantly positive effect on early-stage entrepreneurial activity(TEA) and improvement-driven opportunity entrepreneurial activity. But the effect on necessity-driven entrepreneurial activity is significantly negative. We provide an interpretation of these empirical findings, emphasizing the importance of considering individual characteristics and economic environment simultaneously in promoting entrepreneurship.

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U.S. Admiralty Jurisdiction over aviation claims (항공사고에 관한 미국 해사법정관할)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.3-35
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    • 2016
  • The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.

Passenger's Right to Compensation in relation to Delayed Flights - From the perspective of EU case law - (운항지연에 따른 승객의 보상청구권 - EU 및 프랑스 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.249-277
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    • 2015
  • Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.