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A Comparative Review on Civil Money Penalties in Aviation Law (항공 과징금 제도의 비교법적 검토)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.3-38
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    • 2019
  • In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

Does the Gut Microbiota Regulate a Cognitive Function? (장내미생물과 인지기능은 서로 연관되어 있는가?)

  • Choi, Jeonghyun;Jin, Yunho;Kim, Joo-Heon;Hong, Yonggeun
    • Journal of Life Science
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    • v.29 no.6
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    • pp.747-753
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    • 2019
  • Cognitive decline is characterized by reduced long-/short-term memory and attention span, and increased depression and anxiety. Such decline is associated with various degenerative brain disorders, especially Alzheimer's disease (AD) and Parkinson's disease (PD). The increases in elderly populations suffering from cognitive decline create social problems and impose economic burdens, and also pose safety threats; all of these problems have been extensively researched over the past several decades. Possible causes of cognitive decline include metabolic and hormone imbalance, infection, medication abuse, and neuronal changes associated with aging. However, no treatment for cognitive decline is available. In neurodegenerative diseases, changes in the gut microbiota and gut metabolites can alter molecular expression and neurobehavioral symptoms. Changes in the gut microbiota affect memory loss in AD via the downregulation of NMDA receptor expression and increased glutamate levels. Furthermore, the use of probiotics resulted in neurological improvement in an AD model. PD and gut microbiota dysbiosis are linked directly. This interrelationship affected the development of constipation, a secondary symptom in PD. In a PD model, the administration of probiotics prevented neuron death by increasing butyrate levels. Dysfunction of the blood-brain barrier (BBB) has been identified in AD and PD. Increased BBB permeability is also associated with gut microbiota dysbiosis, which led to the destruction of microtubules via systemic inflammation. Notably, metabolites of the gut microbiota may trigger either the development or attenuation of neurodegenerative disease. Here, we discuss the correlation between cognitive decline and the gut microbiota.

A study on mandatory insurance for aircraft operators (항공보험 가입의무에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.169-197
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    • 2018
  • The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

A Study on the Formation of an Archive Book Based on Its Placeness : Focusing on the Archive Book, "Home of Roh Moo-Hyun" (장소성에 기반한 기록집(記錄集) 구성에 관한 연구 『노무현 대통령의 지붕 낮은 집(2019)』을 중심으로)

  • Kim, Tae-Hyun
    • The Korean Journal of Archival Studies
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    • no.60
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    • pp.123-159
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    • 2019
  • Given that the concept of reproducing landscape is similar to that of recording historical sights, places can become special space where memories are archived through meaningful activities. Therefore, place and landscape are the important concepts for understanding the Home of Roh Moo-hyun. This research was initiated when Roh Moo-hyun Foundation's decided to return the Home of Roh Moo-hyun to the public. A research report was published as the first result of this initiative. Then an archive book was recently published based on the first research report. The research report was about philosophical and aesthetic meanings and contents, the layers of accumulated memories, the records based on the accumulated memories, and the attributes of the place, and the possibility of archiving, whereas the purpose of the archive book is to restore and to curate the original meaning of the Home of Roh Moo hyun through cultural events. There are 'three memories' of layers in the Home of Roh Moo-hyun. The first memory is about 'life and dreams' that President Roh Moo-hyun dreamed about after his retirement to the hometown. The second memory is about 'the loss of time' for 10 years of time after the decrease of the President Roh Moo-hyun. The third memory is 'the memory of citizens', which started with the public opening of the Home of Roh Moo-hyun. 'Low Roof House of President Roh Moo-hyun' is the archive book that comprises the three memories which are accumulated in the home of Roh Moo-hyun and 'record language' full of meanings.

Aesthetic Experience of Streetscape in Syarosu-gil as Urban Commercial Alleyway (도심 골목상권으로서 샤로수길 가로 경관의 미적 경험)

  • Lim, Hansol;Pae, Jeong-Hann
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.5
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    • pp.125-137
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    • 2021
  • How can we explain the phenomenon of small, old alleyways in the city becoming rising commercial places attracting people from an aesthetic perspective? This research discusses distinctive aesthetic experiences of urban commercial alleyways, which are located on inner roads and consist of small-scale stores and explore the specific aspects of Sharosu-gil, located in Gwanak-gu, Seoul. The aesthetic experience of urban commercial alleyways is generated by the contrast with the refined urban fabric along main roads in terms of space, the gap between the old and the new, and the antagonism between the known and the less known. The approach to Sharosu-gil consists of the high-rise buildings along the main road built in the 2000s, then encountering low-rise buildings on inside roads built from the late 1970s to the present. Therefore, it is judged that the site has sufficient conditions to generate the aesthetic experience as an urban commercial alleyway. As a result of analyzing the street improvement projects, first, the official announcement of the name 'Sharosu-gil' was interpreted as an escape from the place specificity and garnered the acquisition of the characteristics of an alternative. Secondly, the improvement project for old-established signboards was interpreted as harmony between the new and the old and the loss of temporality. Thirdly, in the pedestrian priority road project, the pavement was interpreted as a reinforcement of the identity as an alleyway and the visualization of the area. Since the reality of urban commercial alleyways depends on the user's visiting, it is necessary to interpret alleyways from the perspective of the senses and aesthetics, not just from social phenomena or capital logic perspective. The study will cast implications for relevant schemes and data-driven research.

Antibacterial, Antioxidative and Antiaging Effects of Allium cepa Peel Extracts (양파껍질 추출물의 항균, 항산화 및 항노화 효과에 관한 연구)

  • Kim, Jung Eun;Kim, A Reum;Kim, Min Ji;Park, Soo Nam
    • Applied Chemistry for Engineering
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    • v.22 no.2
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    • pp.178-184
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    • 2011
  • In this study, the antibacterial, antioxidative and inhibitory effects of Allium cepa peel extracts on tyrosinase and elastase were investigated. MIC values of the ethyl acetate fraction of Allium cepa peel on especially, S. aureus among the skin resident flora (Staphylococcus aureus, S. aureus; Propionibacterium acnes, P. acnes; Pityrosporum ovale, P. ovale; Escherichia coli, E. coli) were 0.06%. The aglycone fraction showed more excellent free radical (1,1-diphenyl-2-picrylhydrazyl radical, DPPH) scavenging activity ($FSC_{50}=5.05{\mu}g/mL$). Reactive oxygen species (ROS) scavenging activities ($OSC_{50}$) of the ethyl acetate fraction and aglycone fraction in the luminol-dependent $Fe^{3+}-EDTA/H_2O_2$ system were 0.05 and $0.03{\mu}g/mL$, respectively. The cellular protective effect of the aglycone fraction on the rose-bengal sensitized photohemolysis of human erythrocytes exhibited more prominent (${\tau}_{50}$, 480 min at $25{\mu}g/mL$). The inhibitory effects ($IC_{50}$) of the ethyl acetate fraction and aglycone fraction on tyrosinase were 9.16 and $8.68{\mu}g/mL$, the inhibitory effect ($IC_{50}$) of the aglycone fraction on elastase was $14.12{\mu}g/mL$ The transepidermal water loss of the cream containing 0.1% ethyl acetate fraction was decreased from $8.3g/m^2h$ in control to $6.8g/m^2h$ in the subjects applied with cream containing the ethyl acetate fraction. These results indicate that extract/fractions of Allium cepa peel can function as antioxidant in biological systems, particularly skin exposed to UV radiation by scavenging $^1O_2$ and other ROS, and protect cellular membranes against ROS, and possibly as antiaging agents. Allium cepa peel extract could be used as a new cosmeceutical for whitening and anti-wrinkle products.

Effect of Dry Surface Treatment with Ozone and Ammonia on Physico-chemical Characteristics of Dried Low Rank Coal (건조된 저등급 석탄에 대한 건식 표면처리가 물리화학적 특성에 미치는 영향)

  • Choi, Changsik;Han, Gi Bo;Jang, Jung Hee;Park, Jaehyeon;Bae, Dal Hee;Shun, Dowon
    • Applied Chemistry for Engineering
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    • v.22 no.5
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    • pp.532-539
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    • 2011
  • The physical and chemical properties of the dried low rank coals (LRCs) before and after the surface treatment using ozone and ammonia were characterized in this study. The contents of moisture, volatiles, fixed carbon and ash consisting of dried LRCs before the surface treatment were about 2.0, 44.8, 44.9 and 8.9%, respectively. Also, it was composed of carbon of 62.66%, hydrogen of 4.33%, nitrogen of 0.94%, oxygen of 27.01% and sulfur of 0.09%. The dried LRCs was surface-treated with the various dry methods using gases such as ozone at room temperature, ammonia at $200^{\circ}C$ and then the dried LRCs before and after the surface treatment were characterized by the various analysis methods such as FT-IR, TGA, proximate and elemental analysis, caloric value, ignition test, adsorption of $H_2O$ and $NH_3-TPD$. As a result, the oxygen content increased and the calorific value, ignition temperature and the contents of carbon and hydrogen relatively decreased because the oxygen-contained functional groups were additionally generated by the surface oxidation with ozone which plays a role as an oxidant. Also, its $H_2O$ adsorption ability got higher because the hydrophilic oxygen-contained functional groups were additionally generated by the surface oxidation with ozone. On the other hand, it was confirmed that the dried LRCs after the surface treatment with $NH_3$ at $200^{\circ}C$ have the decreased oxygen content, but the increased calorific value, ignition temperature and contents of carbon and hydrogen because of the decomposition of oxygen-contained functional groups the on the surface. In addition, the $H_2O$ adsorption ability was lowered bucause the surface of the dried LRCs might be hydrophobicized by the loss of the hydrophilic oxygen-contained functional groups. It was concluded that the various physico-chemical properties of the dried LRCs can be changed by the surface treatment.

The Posthuman Queer Body in Ghost in the Shell (1995) (<공각기동대>의 현재성과 포스트휴먼 퀴어 연구)

  • Kim, Soo-Yeon
    • Cross-Cultural Studies
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    • v.40
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    • pp.111-131
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    • 2015
  • An unusual success engendering loyalty among cult fans in the United States, Mamoru Oshii's 1995 cyberpunk anime, Ghost in the Shell (GITS) revolves around a female cyborg assassin named Motoko Kusanagi, a.k.a. "the Major." When the news came out last year that Scarlett Johansson was offered 10 million dollars for the role of the Major in the live action remake of GITS, the frustrated fans accused DreamWorks of "whitewashing" the classic Japanimation and turning it into a PG-13 film. While it would be premature to judge a film yet to be released, it appears timely to revisit the core achievement of Oshii's film untranslatable into the Hollywood formula. That is, unlike ultimately heteronormative and humanist sci-fi films produced in Hollywood, such as the Matrix trilogy or Cloud Atlas, GITS defies a Hollywoodization by evoking much bafflement in relation to its queer, posthuman characters and settings. This essay homes in on Major Kusanagi's body in order to update prior criticism from the perspectives of posthumanism and queer theory. If the Major's voluptuous cyborg body has been read as a liberating or as a commodified feminine body, latest critical work of posthumanism and queer theory causes us to move beyond the moralistic binaries of human/non-human and male/female. This deconstruction of binaries leads to a radical rethinking of "reality" and "identity" in an image-saturated, hypermediated age. Viewed from this perspective, Major Kusanagi's body can be better understood less as a reflection of "real" women than as an embodiment of our anxieties on the loss of self and interiority in the SNS-dominated society. As is warned by many posthumanist and queer critics, queer and posthuman components are too often used to reinforce the human. I argue that the Major's hybrid body is neither a mere amalgam of human and machine nor a superficial postmodern blurring of boundaries. Rather, the compelling combination of individuality, animality, and technology embodied in the Major redefines the human as always, already posthuman. This ethical act of revision-its shifting focus from oppressive humanism to a queer coexistence-evinces the lasting power of GITS.

A Study on The Art of War's strategy and its modern application (손자병법의 전략과 그 현대적 응용에 관한 연구)

  • Song, Yong-ho;Jun, Myung-yong
    • (The)Study of the Eastern Classic
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    • no.73
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    • pp.249-279
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    • 2018
  • This paper analyzes the 'strategy' of Sunzi's art of war and verifies the modern application value of it by combining the 'strategy' of the art of war with modern enterprise management. The army adopts 'war strategy' with the aim of minimizing the loss and sacrifice caused by the war and winning in the shortest time. Enterprise aims to maximize profits at the lowest cost and adopt 'business strategy'. Three factors of art of war's strategic, the 'power', 'adaptation', 'trickery', are similar to the 'internal resources analysis', 'external environment analysis' and 'information management' of the modern enterprise's management. In the process of establishing strategic plan, the art of war emphasizes 'strategy of winning' including 'prophet', 'estimates' and 'maneuvering', in the modern enterprise management, 'prophet' is shown as 'competitor analysis' of the '3C analysis' and 'benchmarking learning'. 'Estimates' is shown as 'SWOT analysis' and '4P's analysis'. 'Maneuvering' is shown as 'market positioning strategy' and 'market preemption strategy'. In the stage of implementing the strategy, 'surprise attack strategy', 'strategy of void and actuality' and 'dividing and integrating strategy' of the art of war are shown as follows in modern enterprises ; 'Surprise attack strategy' is shown as 'differentiation strategy' and 'concentration strategy', 'Strategy of void and actuality' is shown as 'information management' and 'rational market positioning strategy'. 'Dividing and integrating strategy' is shown 'diversification strategy', 'concentration strategy', 'change management', 'basic competition strategy', 'synergy effect' and etc. In terms of strategic results, the 'victory of war' of the art or war is shown as 'competitive advantage' and 'maximization of profits' in modern enterprise management strategy. In a word, although there are different names and expressions between the strategy of Sunzi's art of war and modern enterprise, but their connotation is the same. We can see that the art of war which was written in about B.C.500, has left a high utilization value for modern enterprise in rapid environmental change and intense competition.

A Study on Termite Monitoring Method Using Magnetic Sensors and IoT(Internet of Things) (자력센서와 IoT(사물인터넷)를 활용한 흰개미 모니터링 방법 연구)

  • Go, Hyeongsun;Choe, Byunghak
    • Korean Journal of Heritage: History & Science
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    • v.54 no.1
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    • pp.206-219
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    • 2021
  • The warming of the climate is increasing the damage caused by termites to wooden buildings, cultural properties and houses. A group removal system can be installed around the building to detect and remove termite damage; however, if the site is not visited regularly, every one to two months, you cannot observe whether termites have spread within, and it is difficult to take prompt effective action. In addition, since the system is installed and operated in an exposed state for a long period of time, it may be ineffective or damaged, resulting in a loss of function. Furthermore if the system is installed near a cultural site, it may affect the aesthetic environment of the site. In this study, we created a detection system that uses wood, cellulose, magnets, and magnetic sensors to determine whether termites have entered the area. The data was then transferred to a low power LoRa Network which displayed the results without the necessity of visiting the site. The wood was made in the shape of a pile, and holes were made from the top to the bottom to make it easier for termites to enter and produce a cellulose sample. The cellulose sample was made in a cylindrical shape with a magnet wrapped in cellulose and inserted into the top of a hole in the wood. Then, the upper part of the wood pile was covered with a stopper to prevent foreign matter from entering. It also served to block external factors such as light and rainfall, and to create an environment where termites could add cellulose samples. When the cellulose was added by the termites, a space was created around the magnet, causing the magnet to either fall or tilt. The magnetic sensor inside the stopper was fixed on the top of the cellulose sample and measured the change in the distance between the magnet and the sensor according to the movement of the magnet. In outdoor experiments, 11 cellulose samples were inserted into the wood detection system and the termite inflow was confirmed through the movement of the magnet without visiting the site within 5 to 17 days. When making further improvements to the function and operation of the system it in the future, it is possible to confirm that termites have invaded without visiting the site. Then it is also possible to reduce damage and fruiting due to product exposure, and which would improve the condition and appearance of cultural properties.