• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.65-92
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• 2011

Die soeben entwickelten Grundgs$\ddot{a}$tze k$\ddot{o}$nnen dazu f$\ddot{u}$hren, dass es bei Fluggesellschaften zum Abschluss mehrerer Tarifvertr$\ddot{a}$ge $\ddot{u}$ber Personalvertretungen durch verschidene Gewerkschften kommt. Dies leitet schlie${\ss}$lich zu der bereits angesprochenen Problematik der Tarifkonkurrenz $\ddot{u}$ber. Tarifkonkurrenz zeichnet sich bekanntlich dadurch aus, dass f$\ddot{u}$r dasselbe Rechtsverh$\ddot{a}$ltnis dieselbe Regelungsmaterie durch mehr als einen Tarifvertrag geregelt wird. Eine solche Tarifkonkurenz kann unabh$\ddot{a}$ngig von der Frage, ob Regelungsgegenstand betriebsverfassungsrechtlicher Normen ein betriebliches Rechtsverh$\ddot{a}$ltnis ist, auch bei dieser Art von Tarifnormen auftreten. Dabei betriebsverfassungsrechtlichen Kollektivnormen gem$\ddot{a}{\ss}$ $\S$3 Abs. 2 TVG die Tarifbindung des Arbeitgebers f$\ddot{u}$r die Anwendungsbarkeit gen$\ddot{u}$gt, wird beim Vorhandensein mehrerer solcher Tarifvertr$\ddot{a}$ge h$\ddot{a}$ufig pauschal von einer in jedem Fall aufzul$\ddot{o}$senden tarifkonkurrenz gesprochen. $\ddot{U}$berschneiden sich die Geltungsbereiche mehrerer Tarifvertr$\ddot{a}$ge $\ddot{u}$ber personalvertretungsrechtliche Fragen der im Luftbetrieb t$\ddot{a}$tigen Besch$\ddot{a}$ftigten und handelt es sich nicht um textidentische Regelungen, f$\ddot{u}$hrt indes kein Weg daran vorbei, dass eine Tarifkonkurenz besteht, die einer Aufl$\ddot{o}$sung bedarf. Die Rechtsprechung hat sich zur speziellen Fragen der Aufl$\ddot{o}$sung einer Konkurrenz betriebsverfassungsrechtlicher Tarifnormen soweit ersichtlich noch nicht ge$\ddot{a}$u${\ss}$ert. Nicht zuletzt aus diesem Grund wird in der Literatur ein buntes Spektrum an L$\ddot{o}$sungen pr$\ddot{a}$sentiert, wobei sich die meisten neueren Stellungnahmen vor allem mit Organisationstarifvertr$\ddot{a}$gen im Sinne von ${\S}$3 BetrVG besch$\ddot{a}$ftigen.

• Journal of Korean Classical Literature and Education
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• no.34
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• pp.115-147
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• 2017

This paper compared and reviewed the poetic theories and Chinese poems of the Korean author Kim Chang Heup and his Japanese counterpart, Kan Chazan. Kim Chang Heup and Kan Chazan shared largely the same opinions on poetry, and both rejected archaism. First, they did not just copy High Tang poetry. Instead, they focused on the (sometimes trivial) scenery right in front of them, and described the calm feelings evoked by what they had seen. They also adopted a sincere tone, instead of an exaggerated one, because both believed that poetry should be realistic. However the differences between the two poets are also noteworthy. Kim Chang Heup claimed that feelings and scenery meet each other within a literary work through Natural Law, and the linguistic expressions that mediate the two are philosophical in nature. However, Kan Chazan did not use Natural Law as a medium between feelings and scenery. Instead the Japanese writer said the ideal poetical composition comes from a close observation and detailed description of scenery. In sum, while Kim Chang Heup continued to express reason through scenery, Kan Chazan did not go further than depicting the scenery itself. In addition, Kim Chang Heup believed poetry was not only a representation of Natural Law, but also a high-level linguistic activity that conveys a poetic concern about national politics. As a sadaebu (scholar-gentry), he held literature in high esteem because he thought that literature could achieve important outcomes. On the other hand, Kan Chazan regarded it as a form of entertainment, thereby insisting literature had its own territory that is separate from that of philosophy or politics. In other words, whereas Kim Chang Heup considered literature as something close to a form of learning, Kan Chazan viewed it as art. One might wonder whether the poetics of Kim Chang Heup and Kan Chazan reflect their individual accomplishments, or if the characteristics of Chinese poetry that Korean and Japanese poets had long sought after had finally surfaced in these two writers. This paper argued that the two authors' poetics represent characteristics of Chinese poetry in Korea and Japan, or general characteristics of Korean and Japanese literatures in a wider sense. Their request to depict actual scenery in a unique way, free from the ideal model of literature, must have facilitated an outward materialization of Korean and Japanese literary characteristics that had developed over a long time.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.427-468
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• 2015

To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.

• Cartoon and Animation Studies
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• s.30
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• pp.27-57
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• 2013

Animation which appeared with films in the late 19th century was a medium which came on obtaining nourishment from art historical style of modernism. However, the relation establishment between animation and modernism has been focused mainly on animation shapes, namely painted images. This sprang from explaining the relationship between animation and paintings, and for this reason, discussions of movements in animation were understood in tradition of chromophotograph of Muybridge and Jules Marey, or some characteristics owned by the live-action film. However, movements of animation were essentially different from the indexical sign of films or photogram, and objects of reproduction were different between them. Movements reproduced by animation are not ordinary movements, but expressions of or compressed movements and considerably systematic movements. As a result, these movements are far from reproduction of live-action film photogram. Rather, the logic of movements reproduced by animation comes near to controlling their motion scopes, time, distance etc. after dividing each part of the body. This is concluded in a standpoint of modern mechanism which is represented by Descartes and La Mettrie who tried to understand human body as a exchangeable machine. Design of modern mechanism ranging from modern society to industrial society and the age of modernism came to lead to analysis of physical motions of modern industrial society called composition of efficient movements understanding them as the law of nature rather than movements as nature. In the late 19th century, Taylor, F. W. and Gilbreth, Frank Bunker's studies of workers' working hours and 'motion study' were a way of constituting the frame of machine-human, which indicates that tradition of modern mechanism affected the entire modernism passing through industrial society. Further, we can see that motion studies conducted by them have almost similar characteristics to action analysis to study animation later in the name of 'timing'.

• Journal of Arbitration Studies
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• v.22 no.2
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• pp.53-77
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• 2012

Competence-competence refers to an arbitratorpower to determine whether he or she has jurisdiction to decide a controversy. Although arbitrators power to rule on their own jurisdiction is generally recognized throughout the world, in the United States, neither the courts nor legislative bodies have recognized its significance or the reasoning behind its widespread adoption. Section 3 of the Federal Arbitration Act (FAA) is notorious among arbitration statues for its failure to incorporate competence-competence. When courts rule on an issue of competence-competence, it is referred to as a question of who decides the arbitrability of the case. In the United States, the use of competence-competence as a term of art is still limited to scholarly writings. The answer to the competence-competence inquiry is found in an interpretation of section 3 of the FAA which empowers the courts to decide arbitrability issues. The cases of the Supreme Court and most commentators interpreted sections 2 and 3 of the FAA as conferring issues of arbitrability on the federal courts, including the ability to rule on the validity and scope of the arbitral agreement. Traditionally, United States courts have denied the competence-competence to arbitral tribunal. Recently, however, they have confounded the rules by placing primary importance on the arbitration agreement between the parties. The Supreme Court, in a series of cases, has underscored the necessity of giving full effect to the intentions of the parties as expressed in their agreement to arbitrate. The result of the Supreme Court's emphasis on contractualism in determining the issue of arbitrability is most evident in the Courtdecision in the First Options case. Under First Options, courts are to decide arbitrability issues unless there is a clear and unmistakable contractual assignment of these issues to the tribunal itself. The Court is appraised that it has attempted to compromise between contractual freedom in the arbitration setting and the rule of law that is necessary in a society that depends on the concept of ordered liberty. In the decision in Howsam, the Court clarified the definition of arbitrability by attempting to draw a clear line between questions of arbitrability that are to be decided by courts and those matters that bear on the allocation of decisions between courts and arbitrators but are not questions of arbitrability.

• Korean Journal of Digital Imaging in Medicine
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• v.14 no.2
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• pp.39-46
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• 2012

Purpose : The purpose of this study was to reduce Entrance Surface Dose and maintain image quality by changing Source to Image receptor Distance. And we'd like to compare ESD on this study to DRLs in other contries. Materials and Methods : We used indirect DR system(Definium 8000, General Electric, USA)and phantom(ART-200X, Flukebiomedical, USA),glass dosimeters(GD-352M, Asahi Techno Glass, Japan)for this study. The imagies were obtained throuh 80kVp fixed, and different tube currents using AEC mode in $16{\times}16$(inch) field size and changing Source to Image receptor Distance from 100 cm to 130 cm per 10 cm unit. The phantom with attaching 5 glass dosimeters on abdomonal skin was set at supine and erect position as a anterioposterial projection on detector For measuring Entrance Surface Dose. Image analysis was conducted by histograms of Image J(1.46r) which was given from National Institutes of Health(NIH). Results : Due to inverse square law of distance, the tube currents were increasing 42.6 % in supine position and 32.6 % in erect position according to the change of Source to Image receptor Distance. While Entrance Surface Doses were rapidly decreasing 14.2 % in supine position and 29.4 % in erect position according to the change of Source to Image receptor Distance. As the results of histogram using Image J, pixel mean values from 100 cm to 110 cm, 120 cm and 130 cm were decreasing each 1.4%, 2.5%, 2.7%, 4.5%, 2.2 %, 5.8 % in supine, erect position. While standard deviations from 100 cm to 110 cm, 120 cm and 130 cm were increasing each 1.4 %, 2.5 %, 2.5 %, 4.0 %, 2.0 %, 4.9 % Consequently, there are no significant differences in abdomen images taken. Conclusion: As the results described above, we strongly recommend using long Sourceto Image receptor Distance than 100cm that we have been using. So, we should deliver less Entrance Surface Dose to the patients while maintaining image quality in abdomen radiography.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.33 no.3
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• pp.50-57
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• 2015

A traditional garden in Korea has diverse cultural, historical values, such as the then phases of the times, life phase, culture and art, etc. because it was developed on the basis of the harmony between nature and artificial structures. However, in reality, it's urgent to do efficient, continuous maintenance of traditional gardens which are being damaged and lost due to the problems like an owner's aging, inheritance, and lack of management, etc., especially in case of private property which was designated as a cultural property among such traditional gardens under the Cultural Properties Protection Law. Accordingly, this study conducted this research in a bid to use these research results as basic evidentiary materials for suggesting directivity in introduction of park planning of traditional gardens in folk houses in the near future by implementing the case investigation of transformation into public parks from traditional private gardens in Japan, which is putting the newly introduced park planning to efficient use, together with its systematic management, and the survey on domestic traditional gardens in folk houses status, as well as the hearing-based survey on a traditional gardens in folk houses owner's level of willingness to accept the introduction of parking planning. As a result, this study could confirm that in case of traditional gardens in Japan, they are mobilizing the revenue from admission fees for traditional gardens maintenance by incorporating the main entity of possession, and Japan is promoting transformation of traditional gardens into parks on the basis of use and preservation through the connection with local governments and research institutes. In addition, as a result of surveying domestic traditional gardens in folk houses, it was found that most of the garden owners had hardships in its management, and they were positive about systematic maintenance of gardens through park planning.

• Journal of the Korean Institute of Oriental Medical Informatics
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• v.17 no.2
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• pp.130-287
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• 2011

"zhenjiusunanyaozhi(鍼灸素難要旨)" is composed of three volumes and published in 1529 by Gao Wu(高武). Gao Wu(高武) is skillful in astronomy, the art of war and the law as well as a medical practitioner in Ming Dynasty. The books he wrote "zhenjiujuying(鍼灸聚英)", "zhizhi(直指)", "douzhenzhengzong(痘疹正宗)", "shexuezhinan(射學指南)", "zhenjiujieyao(鍼灸節要)". "zhenjiusunanyaozhi鍼灸素難要旨" is written by classifying the origin of acupuncture and moxibustion. In other words, it is edited by classifying the contents related to acupuncture and moxibustion out of the ancient Chinese medical book "yellow emperor's canon of medicine and yellow emperor eighty-one difficult" in which are composed of 3 volumes as follows, Volume 1 says the main diseases on "the nine acupuncture needles figure" (九針圖), "the reinforcing and reducing the meridian" (補瀉), "the needle depth" (針刺深淺), "the five shu points - metal, wood, water, fire, earth" (正,滎,輸,經,合) based on 18 chapters in terms of acupuncture in "yellow emperor eighty-one Difficult "難經"", in which it quotes the annotation of "the difficulty by the original meaning "難經本義"" written by Hua Shou(滑壽) in Yuan Dynasty. Volume 2 is composed of 2 parts. Part 1 says the method of treatment on 36 Chapters, the method of acupuncture use in the Linshu "靈樞" and the Suwen "素問" such as "the rule of acupuncture use" (用針方宜), "the nine-pin method" (九針式) and "the nine-pin to only use the time appropriate to consider nature of Heaven, Earth and person" (九針應天地人時以起用) etc., Part 2 says "the five difficult acupuncture(五亂刺)", "the rise and fall of energy and blood(氣血盛衰)". "the pain tolerance(耐痛)" and ect., in which are in terms of method of treatment collected the original texts of 59 chapters on acupuncture to each disease and of 8 chapters on moxibustion in the Linshu "靈樞" and the Suwen "素問". Volume 3 includes 10 chapters in which consist of "the stabbing to disease in 12 meridians (十二經病刺)", "the eight extra meridian disease (寄經八脈病)", "the twelve meridians(十二經脈)", "the fifteen collaterals (十五絡脈), the twelve meridian muscles (十二經筋)", "the acupoint (孔穴)" and etc. This is the book edited comprehensively by classifying the contents on the theory of acupuncture and moxibustion and the circulations of meridians in "yellow emperor's canon of medicine and yellow emperor eighty-one difficult" and there is no case story in particular except his comments in person. This study is for the purpose of helping researching and developing acupuncture and moxibustion and applying their clinical training.

• The Korean Journal of Emergency Medical Services
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• v.13 no.3
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• pp.29-40
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• 2009

Objective : This study is an experimental study which is designed to examine the differences between knowledge and self-confidence before and after theory education(CPR PPT material) based on guidelines of CPR and emergency cardiac treatment of American Heart Association(AHA, 2005) and video self-instruction program for the general public by Korean Association of Cardiopulmonary Resuscitation(KACPR), trace CPR performance ability after CPR and AED education and investigate the accuracy of artificial respiration and chest compression, and know the difference in CPR performance abilities including AED. Methods : Subjects of this study include ground crews and staffs at M airport in G province equipped with emergency equipments for CPR according to Art. 47, Sec. 2 of Emergency Medical Law, airport police, rent-a-cops, security guard, quarantine officer, custom officer, and communication, electricity, civil engineering, facility management staff, airport fire fighting staff, air mechanic, traffic controller, and airport management team among airport facility management staffs. They were given explanation of necessity of research and 147 of 220 subjects who gave consent to this research but 73 who were absent from survey were excluded were used as subjects of this study. of 147 subjects, there were 102 men and 45 women. Results : 1) Knowledge score of CPR was $6.18{\pm}0.87$ before instruction and it was increased to $15.12{\pm}1.78$ after instruction, and there was statistically significant difference. 2) Self-confidence score in CPR was $3.16{\pm}0.96$ before instruction and it was increased to $7.05{\pm}0.75$ after instruction, and there was statistically significant difference. 3) Total average score in CPR performance ability after instruction was 7.46 out of 9, performance ability was highest in confirmation of response as 144(97.95%), follwed by request of help as 140(95.25%) and confirmation of respiration as 135(91.83%), and lowest in performing artificial respiration twice(gross elevation of chest) as 97(65.98%). Accuracy of artificial respiration(%) was $28.60{\pm}16.88$ and that of chest compression(%) was $73.10{\pm}22.16$. 4) Performance ability of AED after instruction showed proper performance in power on by 141(95.91%) and attaching pad by 135(91.83%), hand-off for analyzing rhythm showed 'accuracy' in 115(78.23%) and 'non-performance' in 32(21.77%), delivery of shock and hand-off confirmation showed 'accuracy' in 109(74.14%) and 'inaccuracy' in 38(25.86%), and beginning chest compression immediately after AED was done by 105(71.42%).

• The Korean Journal of Archival Studies
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• no.2
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• pp.3-48
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• 2000

The collection and transfer of records is a very basic stage in the whole process of records and archives management. However they are regarded as an non-professional art of work in records management that are performed easily by everyone. Therefore they have been treated not properly in the scholarly discussion of archival sciences in Korea. The collection and transfer of records play an active role in the making of effective administrative system, in accumulating and sharing the knowledge and informations of political, economical, social and cultural values. On the basis of proper collection and transfer of records our democracy can operate regularly and our daily experiences can be preserved as historical resources. For the optimal-functioned collection and transfer of public records the archivists for this task must have a comprehensive understanding of whole process of records management and possess suitable professional skills. Moreover there are many sorts of preliminary works needed for this task, as follows: an accurate defining of administrative organizations and their tasks, thorough understanding of records management institutions on their own competence and ability, and the establishment of technical standards for their tasks. Additionally the archivists are able not only to consider the present informational and evidential values of the records, but also the historical values. It can be said that the collection and transfer of records is a "synthesis of records management skills" exerted by an archivist. According to the newly established law of public records management, the collection and transfer of public records must be registered at first electronically. Through this procedure the whole contents of produced and transmitted records, which are to be transferred, can be reported in detail. By means of this report the archival institutions and the archivists can trace back the each items of records(archives) and the result of their arrangement to identify a certain object. There are also new storage strategies employed to increase the whole sum of stored informations, i. e. records and archives, in spite of reducing the storage costs. It will be achieved by differentiations of the preservation methods for each sorts of records by the criteria of storage-period, -place, and -method. Many supplementary methods are also prepared to help the collection of important records(archives) in a complete structure and form. To let this new concept and system of collection and transfer of records operate properly, a number of professional archivists should be posted in the needed places throughout the whole administrative body. Their training must be also updated for the newly defined task of collection and transfer of records.