• Title/Summary/Keyword: 2015 Act

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Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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Effect of Halophilic Bacterium, Haloarcula vallismortis, Extract on UV-induced Skin Change (호염 미생물(Haloarcula vallismortis) 용해물의 자외선유발 피부변화에 대한 효과)

  • Kim, Ji Hyung;Shin, Jae Young;Hwang, Seung Jin;Kim, Yun Sun;Kim, Yoo Mi;Gil, So Yeon;Jin, Mu Hyun;Lee, Sang Hwa
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.41 no.4
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    • pp.341-350
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    • 2015
  • Skin carrys out protective role against harmful outer environment assaults including ultraviolet radiation, heavy metals and oxides. Especially, ultraviolet-B (UVB) light causes inflammatory reactions in skin such as sun burn and erythma and stimulates melanin pigmentation. Furthermore, the influx of UVB into skin cells causes DNA damage in keratinocytes and dermal fibroblasts, inhibition of extracellular matrix (ECM) synthesis which leads to a decrease in elasticity of skin and wrinkle formation. It also damages dermal connective tissue and disrupts the skin barrier function. Prolonged exposure of human skin to UVB light is well known to trigger severe skin lesions such as cell death and carcinogenesis. Haloarcula vallismortis is a halophilic microorganism isolated from the Dead Sea, Its growth characteristics have not been studied in detail yet. It generally grows at salinity more than 10%, but the actual growth salinity usually ranges between 20 to 25%. Because H. vallismortis is found mainly in saltern or salt lakes, there could exist defense mechanisms against strong sunlight. One of them is generation of additional ATP using halorhodopsin which absorbs photons and produces energy by potential difference formed by opening the chloride ion channel. It often shows a color of pink or red because of their high content of carotenoid pigments and it is considered to act as a defense mechanism against intense UV irradiation. In this study, the anti-inflammatory effect of the halophilic microorganism, H. vallismortis, extract was investigated. It was found that H. vallismortis extract had protective effect on DNA damage induced by UV irradiation. These results suggest that the extract of halophilic bacterium, H. vallismortis could be used as a bio-sunscreen or natural sunscreen which ameliorate the harmful effects of UV light with its anti-inflammatory and DNA protective properties.

A Study on the Mitigation of Nitrous Oxide emission with the Horticultural Fertilizer of Containing Urease Inhibitor in Hot Pepper and Chinese Cabbage Field (고추와 배추 재배지에서 요소분해효소 억제제 함유 원예용 비료 시용에 따른 아산화질소 배출 저감 효과)

  • Ju, Ok Jung;Lim, Gap June;Lee, Sang Duk;Won, Tae Jin;Park, Jung Soo;Kang, Chang Sung;Hong, Soon Sung;Kang, Nam Goo
    • Korean Journal of Environmental Agriculture
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    • v.37 no.4
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    • pp.235-242
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    • 2018
  • BACKGROUND: About 81% of nitrous oxide ($N_2O$) emissions from agricultural land to the atmosphere is due to nitrogen (N) fertilizer application. Mitigation of $N_2O$ emissions can be more effective in controlling biochemical processes such as nitrification and denitrification in the soil rather than decreasing fertilizer application. The use of urease inhibitors is an effective way to improve N fertilizer efficiency and reduce $N_2O$ emissions. Several compounds act as urease inhibitors, but N-(n-butyl) thiophosphoric triamide (NBPT) has been used worldwide. METHODS AND RESULTS: Hot pepper and chinese cabbage were cultivated in five treatments: standard fertilizer of nitrogen-phosphorus-potassium(N-P-K, $N-P_2O_5-K_2O$: 22.5-11.2-14.9 kg/ha for hot pepper and $N-P_2O_5-K_2O$: 32.0-7.8-19.8 kg/ha for chinese cabbage), no fertilizer, and NBPT-treated fertilizer of 0.5, 1.0, and 2.0 times of nitrogen basal application rate of the standard fertilizer, respectively in Gyeonggi-do Hwaseong-si for 2 years(2015-2016). According to application of NBPT-treated fertilizer in hot pepper and chinese cabbage, $N_2O$ emission decreased by 19-20% compared to that of the standard fertilizer plot. CONCLUSION: NBPT-treated fertilizer proved that $N_2O$ emissions decreased statistically significant in the same growth conditions as the standard fertilization in the hot pepper and chinese cabbage cultivated fields. It means that NBPT-treated fertilizer can be applied for N fertilizer efficiency and $N_2O$ emissions reduction.

Temporal Variations of Sea Water Environment and Nutrients in the East Coast of Korea in 2013~2017: Sokcho, Jukbyeon and Gampo Coastal Areas (2013~2017년 동해 연안의 해양환경과 영양염의 시간적 변동 : 속초, 죽변, 감포 연안)

  • Kwon, Kee-Young;Shim, Jeong Hee;Shim, Jeong-Min
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.25 no.4
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    • pp.457-467
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    • 2019
  • To investigate the long-term variation characteristics of nutrients in the east coast of Korea, water temperature, salinity, dissolved oxygen, and nutrients were measured at three stations of Sokcho, Jukbyeon and Gampo coasts for five years from 2013 to 2017. For five years, the water temperature of the East Sea coast was in the range of $1.2{\sim}28.8^{\circ}C$, the salinity was in the range of 30.63~34.79 and the dissolved oxygen (DO) was in the range of 3.53~7.64 mL/L. Distribution and variation of the water environment factors in the study area were determined by the vertical stratification of water column and distribution of water temperature. The high DO concentration in Sokcho coast From 2015 to August 2016 is presumed to be the result of the southward inflow of North Korean Cold Water (NKCW). Concentrations of dissolved inorganic nitrogen (DIN, $NH_4-N+NO_2-N+NO_3-N$) ranged $0.11{\sim}24.19{\mu}M$, phosphate concentration ranged $0.01{\sim}1.75{\mu}M$, and silicate ranged $0.17{\sim}32.80{\mu}M$. The N:P ratio was in the range of 0.7~54.3 (mean 15.2) and the N:P slope was in the range of 11.67~13.75. The N:P ratios in this study were lower than the Redfield ratio (16), indicating that nitrate did act as a limiting factor in phytoplankton growth. The correlation ($R^2$) of total N:P ratio was as high as 0.95, indicating that the effect of the surrounding land or non-point sources was not significant. In conclusion, the spatial and temporal variation of nutrients in the east coast of Korea was determined by the vertical mixing of water mass with thermocline and mainly affected by physical factors such as influx of external water masses and coastal upwelling, and the influences from inflows from the land were minimal.

A study on non-existence information of the information disclosure system : focused on the central administrative agencies (정보공개제도상의 정보부존재에 관한 고찰 중앙행정기관을 중심으로)

  • Kim, You-seung;Choi, Jeong Min
    • The Korean Journal of Archival Studies
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    • no.46
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    • pp.153-187
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    • 2015
  • This study aims to discuss issues about non-existent information of the information disclosure system and to provide alternative strategies for the issues. For the theoretical discussion it reviews the definitions and standards of non-existent information and analyzes legal aspects and statistical changes of non-existent information. Furthemore, in order to discuss a current status and problems of non-existent information at the central administrative agencies, it analyzes the cases of the non-existent information notification. According to analysis results, non-existent information status of the surveyed institutions is a total of 4,421 cases for three years and it shows the continuous increasing trend year after year. The number of institutions that have the number of non-existent information equal to the number of nondisclosures or over it reached about 40%. It means excluding non-existent information from the reasons of nondisclosure influenced disclose rates and nondisclosure rates of many agencies. In the type analysis of the non-existent information reasons, the most main reason, the case of not producing or receiving the requested information by public institutions takes over 75% among the whole reasons. The next reason is the case of collecting or processing information takes over 7-10%. This study found the operational issues, as analyzing notifications of non-existent information. The operational issues are 1) the incomplete explanation of non-existent information, 2) the unclear scope of the collection and processing, 3) the problem of the transfer processing, and 4) the problem of recording management. Therefore, this study suggested some improvements of the perspective and the technical and procedural aspects. First, information disclosure issues including non-existent information are to be understood as an extension of records management. Second, disclosure service should improve overall based on advanced understanding. Third, the management procedures of non-existent information should be improved. Fourth, specific guidelines for handling non-existent information should be developed.

Memorials to the King and the Intellectual history in the Late Joseon Dynasty (상소(上疏)를 통해 본 조선후기 지식인의 재편 - 이경석·박세당 평가와 관련한 노론계의 상소를 중심으로 -)

  • Song, Hyok Key
    • (The)Study of the Eastern Classic
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    • no.59
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    • pp.121-156
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    • 2015
  • Memorials in Joseon Dynasty created a arena where the intellectual and political power met. This thesis traces the process of a certain political faction's rebuilding of the political structure of the elite groups by leading the intellectual controversies through memorials, especially those about the evaluations of Pak Setang(朴世堂) and I Gyeongseok(李景奭). This is what happened: Song Siyeol(宋時烈) submitted a memorial which disputed I Gyeongseok's petition, which provoked complete controversies around the memorials between Noron(老論) and Soron(少論). This led to the academic censorship against Sabyeonrok written by Pak Setang. The analysis of act of writing and submission of memorials by Noron and the role of the Kim Family of An-dong(安東 金門) specifically is the main topic here. The members of Soron ceaselessly criticized Song Siyeol, while the Kim Family strongly defended him. The trigger of the strife was a letter written by Kim Chang-Heup(金昌翕), a member of the Kim Family and the Kims played a significant role in the background during the process of political fights using memorials. The series of memorials criticized or supported certain political figure or his writings, but the opinions of Noron and Soron were directly opposite to each other. Even though the expressed difference was the result of the existing political factions, however, it also caused the new power structure of elite groups. The expressions and logics used in the arguments also have its significance. The Noron's memorials evaluated the contemporary people and their writings based on Chu-Hsi and Song Siyeol, who was regarded as a identical figure of Chu-Hsi. The arguments and writing strategies in this regard gained political strength enough to reorganize the intellectual society by changing alignment of political parties, and this led to the rebuilding of academic environment afterward.

Time-Series Analysis and Estimation of Prospect Emissions and Prospected Reduction of Greenhouse Gas Emissions in Chungbuk (온실가스 배출량 시계열 분석과 전망 배출량 및 감축 감재량 추정 - 충북을 중심으로 -)

  • Jung, Okjin;Moon, Yun Seob;Youn, Daeok;Song, Hyunggyu
    • Journal of the Korean earth science society
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    • v.43 no.1
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    • pp.41-59
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    • 2022
  • In accordance with the enactment of 'the Paris Agreement' in 2015 and 'the Framework Act on Carbon Neutrality and Green Growth for Response to the Climate Crisis' in 2021, each local government has set appropriate reduction target of greenhouse gas to achieve the nationally determined contribution (NDC, the reduction target of 40% compared to 2018) of greenhouse gas (GHG) emissions in 2030. In this study, the current distribution of GHG emissions was analyzed in a time series centered on the Chungbuk region for the period from 1990 to 2018, with the aim of reducing GHG emissions in Chungbuk by 2030 based on the 2030 NDC and scenario. In addition, the prospected reduction by 2030 was estimated considering the projected emissions according to Busines As Usual in order to achieve the target reduction of GHG emissions. Our results showed that GHG emissions in Chungbuk and Korea have been increasing since 1990 owing to population and economic growth. GHG emissions in 2018 in Chungbuk were very low (3.9 %) relative to the national value. Moreover, emissions from fuel combustion, such as cement and lime production, manufacturing and construction industries, and transportation industries, were the main sources. Furthermore, the 2030 target of GHG emission reduction in Chungbuk was set at 40.2% relative to the 2018 value, in accordance with the 2030 NDC and 2050 carbon-zero national scenario. Therefore, when projected emissions were considered, the prospected reduction to achieve the target reduction of GHG emissions was estimated to be 46.8% relative to 2018. The above results highlight the importance of meeting the prospected reduction of GHG emissions through reduction means in each sector to achieve the national and local GHG reduction target. In addition, to achieve the 2030 NDC and 2050 carbon zero, the country and each local government, including Chungbuk, need to estimate projected emissions by year, determine reduction targets and prospect reductions every year, and prepare specific means to reduce GHG emissions.

Monitoring the Reoccurrence of Fire Blight and the Eradication Efficiency of Erwinia amylovora in Burial Sites of Infected Host Plants Using Sentinel Plants (미끼식물을 이용한 화상병 감염 기주 매몰지 내 화상병균 제거 효율 검증 및 병 재발 모니터링)

  • In Woong, Park;Yu-Rim, Song;Nguyen Trung, Vu;Eom-Ji, Oh;In Sun, Hwang;Hyeonheui, Ham;Seong Hwan, Kim;Duck Hwan, Park;Chang-Sik, Oh
    • Research in Plant Disease
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    • v.28 no.4
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    • pp.221-230
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    • 2022
  • The fire blight caused by Erwinia amylovora (Ea) was first reported in 2015 in Korea, and the disease has rapidly spread to 22 regions until 2021. In Korea, all host plants in the apple and pear orchards where fire blight occurred should be eliminated and buried by the Plant Protection Act. To prevent the spread of the disease, all burial sites were prohibited from planting the new host plants for the next three years. To confirm the eradication efficiency of Ea and the reoccurrence of fire blight, the surveillance facilities were established on three burial sites from 2019 to 2020 in Anseong-si, Gyeonggi-do, and Chungju-si, Chungcheongbuk-do. As host plants, five apple trees of fire blight-susceptible cultivar 'Fuji', were planted in each facility. All facilities were enclosed with fences and nets and equipped with two CCTVs, motion sensors, and several other sensors for recording weather conditions to monitor the environment of the sentinel plants in real-time. The sentinel plants were checked for the reoccurrence of fire blight routinely. Suspicious plant parts were collected and analyzed for Ea detection by loop-mediated isothermal amplification polymerase chain reaction and conventional polymerase chain reaction. Until November 2022, Ea has not been detected in all sentinel plants. These results might support that the burial control of infected plants in soil works efficiently to remove Ea and support the possibility to shorten the prohibition period of host plant establishment in the burial sites.

A Comparative Study on Outspreading Virtues and Enlightenment Teaching Related to Daesoon Thought and Shinnyo Thought (대순사상과 진여사상의 포덕과 교화에 관한 비교연구)

  • Kim, Yong-hwan
    • Journal of the Daesoon Academy of Sciences
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    • v.25_1
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    • pp.121-155
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    • 2015
  • The purpose of this article is to study on the comparative relationship between mutual cooperation of the Dae-soon thought of Dae-soon jinrihoe and Shinnyo thought of Shinjo Ito. Dae-soon thought focuses on outspreading virtues and enlightenment teaching based on the saying of Jeong-san Sang Jae's Mutual cooperation without any grudge. According to the Buddha's nature thought of Shinjo Ito, 'Dharma kāya resident' is the source of touching upon buddhahood. The Shinyo-en is an outward manifestation of their deep resolve to help others by cultivating spiritual faculty and mind session. First, we can find the virtue action theory in the mutual cooperation of Dae-soon thought and the virtue nature theory in the Shinnyo thought of Shinjo Ito. From the perspective of comparative relationship, it was Jeong-san Sang Jae who laid foundation for the Posterior Grand Renewal. His idea is that the universe should be completed through the mutual communication between the earth and men following the Posterior Grand Renewal. It was Kyodoin-sama who laid the foundation for identifying the place Shinchoji was established. It was at the time that the power we call bakku-daiju as transversality and Shinnyo spiritual faculty were perfected through Shindoin-sama's passing. Second, based on Jeon-kyungn or Dae-soon Ji Chim, outspreading virtue is to awaken mutual cooperation without any grudge and the enlightenment teaching to practice according to mutual cooperation principle without any deceit toward one's own self. No deceit toward one's own self is to be sincere, to be respectful and to be faithful in Jeong-san Sang Jae. In the different context of Mahayana Buddhism, we can be aware that the immortal resident immortal of Dharma kāya is the source of permanent bliss in the Mahāyāna Mahāparinirvāṇa Sūtra' From the perspective of comparative relationship to pray toward Jeong-san Sang Jae and to participate in the Posterior Grand Renewal is to take part in Cheonji-Gongsa. It is a similar phenomena to be reflected suchness reality before the three personifications of buddhahood and the Shinnyo Stupa is the same meaning as meeting the ever present Buddha. Both of them, they focus to find religious altruism from real possibilities of mutual support. They argue that to dispense with altruism is to dispense with Sang Jae or Dharma for the divine transformation of human possibilities Third, Everybody possesses unique and wonderful abilities to be unified with Jeong-san Sang Jae. If we seek happiness by trying to get by without making much of an effort to take part in CheonjiGongsa, it will be difficult to attain the harmony and peace of mankind with outspreading virtues and enlightenment teaching. In the 'Mahāyāna Mahāparinirvāṇa Sūtra' tells us 'all sentient beings have Buddha nature' that could be the possibility to the fulfillment of buddhahood in the spiritual practice. From the comparative relationship, we can strive with open hearts and minds, in efforts that benefit others, and in ways we can work together to build a word of joy in which everyone can have an opportunity to cultivate spiritual faculty. This is based on mutually beneficial voluntary focused our principles into practice the spirit to build a mind session of Shinnyo as the civic clean precepts of 'Mahāyāna Mahāparinirvāṇa Sūtra'. Fourth, the disciples of Jeong-san Sang Jae are encouraged to acquire the Mutual cooperation manner of being considerate. It is important to accumulate virtue action by daily effort. It is the contrast to awaken virtue nature by daily practice. The Buddha's nature thought of Shinjo Ito is based on the thought of Mahāyāna Mahāparinirvāṇa Sūtra. It can be supported by the Shinnyo parents and the two Dojis to build a world of joy as the light dharma descending and the emphasis of Tathatā spiritual faculty. It's not that we can't do something we haven't attained a higher spiritual level. What counts is our continuos effort, act so we can cultivate our spiritual faculty through the way of mind session.

Unfair Restrain on Competition in Air Cargo Fuel Surcharge Case (공정거래법상 부당한 경쟁제한의 의미 - 항공화물 유류할증료 담합사건을 중심으로 -)

  • Lee, Chang Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.117-149
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    • 2015
  • On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.