• Title/Summary/Keyword: Equitable

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Economic Valuation of Green Open Spaces: The Effects of Homeownership and Residential Types (도시녹지의 경제가치 평가: 소유 여부와 주택유형의 영향)

  • Choi, Andy Sungnok;Cho, Seong-Hoon
    • Environmental and Resource Economics Review
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    • v.30 no.3
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    • pp.395-433
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    • 2021
  • This paper aims to examine the effects of homeownership and residential types on the economic values of urban green spaces. Green open spaces as public goods provide positive externalities that are comprised of pecuniary and technological externalities. Seoul, South Korea, is used as a case study using choice experiments, with split-sample online respondents of 1,000. The study results evidenced that the differentiation between the two types of externalities is imperative for equitable provisions and efficient management of various urban open spaces. There is a positively significant and substantial impact of homeownership for apartment dwellers, ceteris paribus, but not for house dwellers. For apartments, the efficiency loss can be reduced by increasing green spaces up to the critical point where the marginal cost is at equilibrium with tenants' marginal values. For non-apartment houses, it is not homeownership but the monthly household income that has a significant impact on the amenity value. In general, public benefits from green spaces are equivalent to 16% to 33% of the current residential prices on average for a view or access. Different residential types do not cause a significant impact on the access values. Residential profiles for green spaces were developed, together with tailor-made policy suggestions.

Analysis of Education Needs for Instructional Competency of Lifelong Education Instructor (평생교육 교수자의 교수 역량에 대한 교육 요구 분석)

  • Kim, Mi-jeong;Ahn, Young-Sik
    • Journal of vocational education research
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    • v.36 no.4
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    • pp.41-56
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    • 2017
  • The purpose of this study is to analyze the level of current difference of education needs for instructional competency of lifelong education instructor and the level of importance of lifelong education for drawing priority. Through the literature review, this is divided the lifelong education instructor's competencies such as planning, implementation, management and support and analyzed the current level and importance with 35 items through t-test analysis. The priority for education needs is applied to Borich and the Locus for Focus model simultaneously. According to result for study, the largest item of competency for lifelong education instructor is verified with the current level and importance for building of social networking and managing competency. The top priority item of education needs for instructional competency of lifelong education instructor is located in the first quadrant of model and the Locus for Focus model, according to priority in needs for Borich and was showed in program competency. The second items in priority were derived by learning resources, information gathering, competency for focus development, equitable evaluation for student, competency for building team work. Therefore, these competencies are considered as factors for priority of lifelong instructor and will be developed in personal and organizational development.

A Case Study on the Investor-State Dispute Relevant a Public Policy and the Domestic Implications (공공정책 관련 ISD 소송의 국내적 시사점 연구 -우리나라 관련 ISD사건을 중심으로-)

  • Kim, In-Sook
    • Journal of Legislation Research
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    • no.55
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    • pp.193-237
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    • 2018
  • The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

User Benefit Analysis By Transfer Fare Policy : Focuses on the case of Gyeonggi-do (지역별 대중교통 환승혜택 형평성 개선방안에 관한 연구 : 경기도를 중심으로)

  • Eunyoung Kim;Donghyung Yook;Seungneo Son
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.21 no.6
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    • pp.225-240
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    • 2022
  • Gyeonggi-do comprises several types of areas, including urban, semi-urban, and rural areas. The availability of public transportation services varies depending on the area types, but the fare structure is based on a simple transfer rule, i.e., a transfer is free when completed within 30 minutes. As a result, users in non-urban areas with a poor frequency of public transportation services do not receive transfer discounts because most of the bus routes in these areas have a gap of more than 30 minutes between services. In terms of equality of opportunity, the transfer rule is being applied unfavorably and, as a result, equality of opportunity of the non-urban commuter is severely affected. Therefore, this study analyzed the user benefits mainly stemming from transfer fares using the smart card data of commuters using public transportation in Gyeonggi-do. An index called the beneficiary rate of the free transfer was developed and a scenario analysis was conducted based on the various levels of the rate. The results of this analysis proved that the users of public transportation services in non-urban areas in Gyeonggi-do can only receive transfer benefits by the extended time for free transfer and not by the implementation of a uniform policy irrespective of the type of area. The study also suggested an equitable fare transfer system and policy alternatives.

Regional Asymmetries and Development Cooperation in MERCOSUR (남미공동시장의 역내 비대칭성과 지역개발협력)

  • Hyun, Min
    • Iberoamérica
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    • v.21 no.1
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    • pp.57-105
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    • 2019
  • This paper deals with the regional asymmetries of MERCOSUR and regional development cooperation for its solution. Through the formation of a common market, the countries of Southern Cone expected to grow evenly. However MERCOSUR had structural asymmetry from the beginning and exposed policy asymmetry over time. It is basically due to the overwhelming influences of Brazil on MERCOSUR. With regard to asymmetries, Paraguay calls for special and differential treatment. Uruguay wants equitable application of market liberalization. Argentine emphasizes production integration based on the development of value chains. In the issue of asymmetries, while Paraguay, Uruguay and Argentine act as petitioners, Brazil is capable of selecting the initiatives. Under these circumstances MERCOSUR has established FOCEM as regional redistribution mechanism. FOCEM has achieved some results as seen in Paraguay, but there are still problems such as financial limitations and lack of enforcement. In oder to activate the redistributive mechanism for regional integration and to coordinate the policies to resolve regional disparities, transnational governance is essential but all member countries are reluctant to it. To date, regional asymmetries or development gaps have persisted and disparities in individual countries remains a problem.

Site-Level Assessment of Other Effective Area-based Conservation Measures - Focusing on the Korea National Arboretum - (기타 효과적인 지역 기반 보전 수단(OECMs)의 개별 평가 - 국립수목원을 중심으로 -)

  • Shim, Yun-Jin;Sung, Jung-Won;Lee, Kyeong-Cheol;Kweon, Hyeong-Keun;An, Jong-Bin
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.26 no.2
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    • pp.1-11
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    • 2023
  • By delivering effective, in-situ conservation of biodiversity, OECMs can contribute to sustaining existing biodiversity values and improving biodiversity conservation outcomes. In this study, for the reporting of OECMs required by Kunming-Montreal Global Biodiversity Framework, the site-level assessment of the Korea National Arboretum and Buffer Zones were conducted using the assessment tool of IUCN. The site-level assessment was carried out in three steps(step 1: screening, step 2 : consent for full assessment, step 3 : the full assessment). It was found that the criteria were satisfied except for the consent for full assessment, sustainability of governance and management arrangements, and the equity of governance and management. Although the governing authority, rights-holders or any other stakeholders could be identified, the step of acknowledging and agreeing to the full OECM assessment was not possible because the governance was not established. As a result of the assessment of equitable governance and management in the aspect of recognition, procedure, and distribution based on criterion(the equity of governance and management), it is judged that more specific measures are needed in the aspect of recognition. And in the aspect of procedure, there is no legal basis for participation in governance and collection of opinions, so it is judged that there is a limit to listening and reflecting the opinions of stakeholders. In the aspect of distribution, it is necessary to further confirm whether it provides direct benefits to rights-holders such as landowners in the region. And it is necessary to prepare specific criteria to assess the important biodiversity values. Therefore, in order to promote OECM reporting in the future, it is necessary to conduct detailed research on various types of governance establishment and operation plans that can establish the basis for recognizing and agreeing to OECM assessment, specific criteria and reasonable measures to judge equity, and important biodiversity value.

A Study on the Establishment and Application of Evaluation Criteria for Old Railway Station Considering the Level of Railway Service (철도 서비스수준을 고려한 노후철도역사 평가기준 마련 및 적용방안)

  • Kim, Kyung Ho;Kim, Si Gon
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.44 no.1
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    • pp.101-108
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    • 2024
  • The total number of railroad stations managed in Korea is 322 (including general and wide-area railways), and a considerable number of stations are aging. In terms of the size of the existing railway station and the number of entrances, it has not been possible to secure adequate service capacity, and the demand for station improvement is increasing due to changes in surrounding conditions such as urban development. In the past, railroad stations were focused on the simple function of a connection passage in terms of maintenance or management, but in recent years, railroad stations are also changing to an atmosphere that they should be reborn as a user-centered comfortable, convenient, and safe service provision space. In this study, a case study related to the improvement of the old railway station was conducted to derive an improvement plan that meets the improvement standard of the old station, and the service level evaluation standard was developed. By introducing the concept of service level (LOS) in the development model, station congestion, station movement convenience, and station safety were selected as evaluation indicators. In addition, this development model applied an analytical stratification technique to divide various evaluation elements of each indicator into major and detailed elements and derive the relative importance of the elements by class. Priority for improvement was derived using the ratio of the number of E and F on the LOS for each facility. Based on this study, it is expected to be helpful in using it as an evaluation criterion for improving objective and equitable railway station.

A Comparative Study between Space Law and the Law of the Sea (우주법과 해양법의 비교 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.187-210
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    • 2009
  • Space law(or outer space law) and the law of the sea are branches of international law dealing with activities in geographical ares which do not or do only in part come under national sovereignty. Legal rules pertaining to the outer space and sea began to develop once activities emerged in those areas: amongst others, activities dealing with transportation, research, exploration, defense and exploitation. Naturally the law of the sea developed first, followed, early in the twentieth century, by air law, and later in the century by space law. Obviously the law of the sea, of the air and of outer space influence each other. Ideas have been borrowed from one field and applied to another. This article examines some analogies and differences between the outer space law and the law of the sea, especially from the perspective of the legal status, the exploration and exploitation of the natural resources and environment. As far as the comparisons of the legal status between the outer space and high seas are concerned the two areas are res extra commercium. The latter is res extra commercium based on both the customary international law and treaty, however, the former is different respectively according to the customary law and treaty. Under international customary law, whilst outer space constitutes res extra commercium, celestial bodies are res nullius. However as among contracting States of the 1967 Outer Space Treaty, both outer space and celestial bodies are declared res extra commercium. As for the comparisons of the exploration and exploitation of natural resources between the Moon including other celestial bodies in 1979 Moon Agreement and the deep sea bed in the 1982 United Nations Convention on the Law of the Sea, the both areas are the common heritage of mankind. The latter gives us very systematic models such as International Sea-bed Authority, however, the international regime for the former will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Thus Moon Agreement could not impose a moratorium, but would merely permit orderly attempts to establish that such exploitation was in fact feasible and practicable, by allowing experimental beginnings and thereafter pilot operations. As Professor Carl Christol said until the parties of the Moon Agreement were able to put into operation the legal regime for the equitable sharing of benefits, they would remain free to disregard the Common Heritage of Mankind principle. Parties to one or both of the agreements would retain jurisdiction over national space activities. In so far as the comparisons of the protection of the environment between the outer space and sea is concerned the legal instruments for the latter are more systematically developed than the former. In the case of the former there are growing tendencies of concerning the environmental threats arising from space activities these days. There is no separate legal instrument to deal with those problems.

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A Study on Calculation Method of Compensation for Indirect Damage of Fishery by Undertaking Public Project (공익사업시행(公益事業施行)으로 인한 어업(漁業)의 간접피해(間接被害) 보상액(補償額) 산출방법(算出方法)에 관(關)한 연구(硏究))

  • Kim Ki-Dae;Kim Byung-Ho
    • The Journal of Fisheries Business Administration
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    • v.37 no.1 s.70
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    • pp.25-44
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    • 2006
  • Under the provision of Article 63 of the Enforcement Regulation of the Act on Acquisition and Compensation of Land and Others for Public Project that is recently enacted and implemented (hereinafter referred to as the 'Lend Compensation Act') the compensation is required to make 'When the Actual Damage Amount' is confirmed for the damage in fishery affairs that is outside of the public project area. The compensation for fishery business on the indirect damage area has been excluded from the advance compensation subject to conflict with the existing laws on fishery business compensation with the controversy in method, procedure, time and others to confirm the actual damage amount, and it lacks the standard of calculation for detailed compensation on partial damages outside of business implementation area, which caused the ceaseless conflicts and straggles between the project implementation party and the victimized fishermen regarding the calculation method of damages, standard, compensation period and others. In particular, from the numerous problems in damage compensation in fishery on the indirect damage area, the most recent problem emerged is the issue on application method of damage period in calculating the damage compensation amount that the struggle has been deepened with the differences between the project implementation party and the victimized fishermen without the stipulation on the compensation, that caused the difficulties in carrying out the public project and other serious social problems. In this study, the reasonable application method for the damage period and the calculation plan of the damage amount for calculating the damages on fishery industry outside of the public project implementation zone that is not fully specified under the Land Compensation Act, and the indirect damage area is not influenced for the notification of project recognition, and the compensation to undertake with the damage in the fishery industry in project implementation area to have the nature of damage compensation, the right to engage in fishery industry has the perpetual nature of rights, the fishery damage compensation system of Japan also recognizes the perpetual right on fishery industry to calculate the compensation amount, and the compensation for damage amount has been exercised for the period of actual damage occurrence period regardless of remaining effective period for most of fishery permit and license for fishery compensation outside of the project implementation area following the recent various public projects as well as the development process of theory on fishery loss compensation that the calculation of damage amount on the fishery industry outside of the project implementation zone would be prudent to compensate by calculating the applicable damages during the period of actual damages, and by doing so, the 'just compensation' guaranteed under the Constitution may be materialized. Therefore, the calculation of the damages from the implementation of the public project shall consider the actual period of damages and the degree of damage from the public project to calculate by the income capitalization method, however, considering the equitable consideration with the compensation following the cancellation, it shall not exceed the compensation following the termination of the applicable fishery businesses. Furthermore, the calculation method of partial damage amount on the fishery business following the project implementation shall apply, depending on the period of damage occurrence, by (1) the case of calculating the future damage amount at the present time, and (2) calculating the damage from the past to the present time as well as the damage to be incurred later, by selecting the calculation method for damages following the damage occurrence type.

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On the Novel Concept of "Accident" in the 1999 Montreal Convention -GN v. ZU, CJEU, 2019. 12. 19., C-532/18- (1999년 몬트리올 협약상 "사고"의 새로운 개념에 대한 고찰 - GN v. ZU, CJEU, 2019.12.19., C-532/18 -)

  • An, Ju-Yun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.3-40
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    • 2020
  • The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.