• Journal of the Korean Society for Aviation and Aeronautics
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• v.15 no.1
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• pp.38-53
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• 2007

In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

• Convergence Security Journal
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• v.14 no.6_1
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• pp.45-55
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• 2014

China has vast land, variety of people, religions and cultures. China has faced terrorism threat from the struggles of people, religions and resources. The 11thStanding Committee of the National People's Congress of China decided to strengthen the anti-terrorism action on October 29, 2011. This study compared, analyzed and estimated the counter-terrorism laws of the USA, Britain and Germany thinking about the China's anti-terrorism decision. The counter-terrorism laws of the USA, Britain and Germany are largely composed of previous prevention of terror and oppression of it later. They enacted the laws both for people and property. They also rearranged the power and role of governmental institutes on counter-terrorism. The contents of the counter-terrorism laws are specific, detailed and systematic. But the anti-terrorism law of China has restriction on the power and roles for previous prevention and oppression of terrorism, handling of people and property. This study reviewed the foreign countries' counter-terrorism laws and the way to connect the regulations on terrorism crimes of the revised Chinese criminal law and the anti-terrorism decision, when they enact the anti-terrorism laws in China in the future.

• Korean Journal of Family Social Work
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• no.60
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• pp.133-173
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• 2018

This paper analyzes the consistency and the discrepancy between system and practices of the old age pension(Nyunronyungeum) in North Korea. The literature review is conducted to analyze the system. Specifically, the North Korean law and North Korean dictionaries were carefully examined. The interviews with 25 North Korean refugees were conducted to grasp the exact state of the old age pension in North Korea. Major findings are as follows: the consistency between system and practices of the old age pension in North Korea is identified only certain portions of that. Beneficiaries(blue-collar workers, white-collar workers, farmers, soldiers, and employees in foreign-invested enterprises), contribution periods, earning-related schemes, the totalization of periods of coverage(workplace transitions), the absence of double benefits and early retirement pension, and the delivery system around Civic Service offices(Dong offices) are confirmed by complete consistency. Preservation age, variations in the implementation of the pension system by region, and premium of the old age pension are confirmed by partial consistency. The length of service, the labor regulation, lump-sum payment, and double dipping are confirmed by discrepancies. It's important that this study brings about a better understanding the old age pension in North Korea through various original texts of North Korea and interviews with refugees. The results of this study are expected to contribute to the policy production for the age income security system after the unification and to the spread of unification perspectives.

• International Journal of Computer Science & Network Security
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• v.23 no.11
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• pp.142-148
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• 2023

The National Agency for Quality Assurance in Higher Education plays a crucial role in education in Ukraine, as an independent entity creates and ensures quality standards of higher education, which allow to properly implement the educational policy of the state, develop the economy and society as a whole.The purpose of the article: to reveal the crucial role of the National Agency for Quality Assurance in Higher Education to create quality management of higher education institutions, to show its mechanism as an independent entity that creates and ensures quality standards of higher education. and society as a whole. The mission of the National Agency for Quality Assurance in Higher Education is to become a catalyst for positive changes in higher education and the formation of a culture of its quality. The strategic goals of the National Agency are implemented in three main areas: the quality of educational services, recognition of the quality of scientific results, ensuring the systemic impact of the National Agency. The National Agency for Quality Assurance in Higher Education exercises various powers, which can be divided into: regulatory, analytical, accreditation, control, communication.The effectiveness of the work of the National Agency for Quality Assurance in Higher Education for 2020 has been proved. The results of a survey conducted by 183 higher education institutions of Ukraine conducted by the National Agency for Quality Assurance in Higher Education are shown. Emphasis was placed on the development of "Recommendations of the National Agency for Quality Assurance in Higher Education regarding the introduction of an internal quality assurance system." The international activity and international recognition of the National Agency for Quality Assurance in Higher Education are shown.

• KDI Journal of Economic Policy
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• v.14 no.2
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• pp.109-153
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• 1992

This paper estimates a translog cost function for the Korea's banking industry and derives various implications on the prospect for the Korean banking structure in the future based on the estimated efficiency indicators for the banking sector. The Korean banking industry is permitted to operate trust business to the full extent and the security business to a limited extent, while it is formally subjected to the strict, specialized banking system. Security underwriting and investment businesses are allowed in a very limited extent only for stocks and bonds of maturity longer than three year and only up to 100 percent of the bank paid-in capital. Until the end of 1991, the ceiling was only up to 25 percent of the total balance of the demand deposits. However, they are prohibited from the security brokerage business. While the in-house integration of security businesses with the traditional business of deposit and commercial lending is restrictively regulated as such, Korean banks can enter the security business by establishing subsidiaries in the industry. This paper, therefore, estimates the efficiency indicators as well as the cost functions, identifying the in-house integrated trust business and security investment business as important banking activities, for various cases where both the production and the intermediation function approaches in modelling the financial intermediaries are separately applied, and the banking businesses of deposit, lending and security investment as one group and the trust businesses as another group are separately and integrally analyzed. The estimation results of the efficiency indicators for various cases are summarized in Table 1 and Table 2. First, security businesses exhibit economies of scale but also economies of scope with traditional banking activities, which implies that in-house integration of the banking and security businesses may not be a nonoptimal banking structure. Therefore, this result further implies that the transformation of Korea's banking system from the current, specialized system to the universal banking system will not impede the improvement of the banking industry's efficiency. Second, the lending businesses turn out to be subjected to diseconomies of scale, while exhibiting unclear evidence for economies of scope. In sum, it implies potential efficiency gain of the continued in-house integration of the lending activity. Third, the continued integration of the trust businesses seems to contribute to improving the efficiency of the banking businesses, since the trust businesses exhibit economies of scope. Fourth, deposit services and fee-based activities, such as foreign exchange and credit card businesses, exhibit economies of scale but constant returns to scope, which implies, the possibility of separating those businesses from other banking and trust activities. The recent trend of the credit card business being operated separately from other banking activities by an independent identity in Korea as well as in the global banking market seems to be consistent with this finding. Then, how can the possibility of separating deposit services from the remaining activities be interpreted? If one insists a strict definition of commercial banking that is confined to deposit and commercial lending activities, separating the deposit service will suggest a resolution or a disappearance of banking, itself. Recently, however, there has been a suggestion that separating banks' deposit and lending activities by allowing a depository institution which specialize in deposit taking and investing deposit fund only in the safest securities such as government securities to administer the deposit activity will alleviate the risk of a bank run. This method, in turn, will help improve the safety of the payment system (Robert E. Litan, What should Banks Do? Washington, D.C., The Brookings Institution, 1987). In this context, the possibility of separating the deposit activity will imply that a new type of depository institution will arise naturally without contradicting the efficiency of the banking businesses, as the size of the banking market grows in the future. Moreover, it is also interesting to see additional evidences confirming this statement that deposit taking and security business are cost complementarity but deposit taking and lending businesses are cost substitute (see Table 2 for cost complementarity relationship in Korea's banking industry). Finally, it has been observed that the Korea's banking industry is lacking in the characteristics of natural monopoly. Therefore, it may not be optimal to encourage the merger and acquisition in the banking industry only for the purpose of improving the efficiency.

• KDI Journal of Economic Policy
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• v.12 no.3
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• pp.47-69
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• 1990

The measures taken to reform the Dutch health insurance system hold valuable lessons for countries such as Korea, where there has been increased concern regarding the efficiency and effectiveness of the health services provided. The growing literature on comparative health insurance policies suggests that nations can learn from each other. In addition, Korean policymakers have shown great interest in the health insurance systems of foreign countries, particularly in Japan. The development of Korea's health insurance scheme during the past 12 years has made a significant contribution to the increased accessibility of health care services. Although the insurance coverage is universal, the health insurance system today in Korea is by no means a product of systematic and planned efforts. Moreover, it lacks due considerations of insured's needs as well as the long-term objectives of the social security health care system. There are growing gaps in premium burdens and benefits between the rural health insurance program and the employee's health insurance programs. Furthermore, the regional health insurance program is experiencing financial difficulties in spite of the fact that the amount of the government subsidy has been sharply increased in recent years. Under the present payment method solely based on the fee-for-service schedule, both consumers and providers are encouraged to utilize and prescribe more services. The combination of the utilization-inducing reimbursement system and continuous pushes for expanding health insurance has played a crucial role in raising the country's medical bills. Current trends in Korea's health care sector and those anticipated in the near future necessitate changes in the structure and funding of health care. As indicated in the above, there are various shortcomings in this context, the health policy authority in Korea can draw valuable lessons from the Dutch experiences in reforming their health insurance system. The main elements of the Dutch reform measures are a restructuring of the insurance system and a greater role for market forces in the health care system. On this basis a new system will be created which reflects the social nature of health care while at the same time containing sufficient mechanisms to allow the health care sector to operate in a cost-effective and efficient manner.

• Informatization Policy
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• v.29 no.1
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• pp.24-37
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• 2022

Amid rapid changes in the ICT environment attributed to the 4th Industrial Revolution, the development of information & communication technology, and COVID-19, the existing internet developed without considering security, mobility, manageability, QoS, etc. As a result, the structure of the internet has become complicated, and problems such as security, stability, and reliability vulnerabilities continue to occur. In addition, there is a demand for a new concept of the internet that can provide stability and reliability resulting from digital transformation-geared advanced technologies such as artificial intelligence and IoT. Therefore, in order to suggest a way of implementing the Korean future internet that can strengthen cybersecurity, this study suggests the direction and strategy for promoting the future internet that is suitable for the Korean cyber environment through analyzing important key factors in the implementation of the future internet and evaluating the trend and suitability of domestic & foreign research related to future internet. The importance of key factors in the implementation of the future internet proceeds in the order of security, integrity, availability, stability, and confidentiality. Currently, future internet projects are being studied in various ways around the world. Among numerous projects, Bright Internet most adequately satisfies the key elements of future internet implementation and was evaluated as the most suitable technology for Korea's cyber environment. Technical issues as well as strategic and legal issues must be considered in order to promote the Bright Internet as the frontrunner Korean future internet. As for technical issues, it is necessary to adopt SAVA IPv6-NID in selecting the Bright Internet as the standard of Korean future internet and integrated data management at the data center level, and then establish a cooperative system between different countries. As for strategic issues, a secure management system and establishment of institution are needed. Lastly, in the case of legal issues, the requirement of GDPR, which includes compliance with domestic laws such as Korea's revised Data 3 Act, must be fulfilled.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.201-224
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• 2017

The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

• The Southeast Asian review
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• v.27 no.1
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• pp.163-191
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• 2017

This article aims to review the recent, especially focusing on the year of 2016, situations and prospects of the Vietnamese politics, economy, and international relations. Politically, Vietnam completed the election of members for the National Assembly and organized new leadership at the 12th National Congress of the Vietnamese Communist Party in 2016. One characteristic of the new leadership is that the politicians, especially the members of politburo, from the North continue to occupy the position of majority. The other one is that the new leadership promised to carry out the restructuring of economy toward industries producing higher value-added commodities even though Vietnam industries admittedly need to accelerate present industrialization and modernization as a developing country under the seemingly contradictory slogan of "the development of market economy for socialism." The declared goals of the new leadership in Vietnam are inevitable in a sense since the development of Vietnamese economy has been heavily dependent upon Foreign Direct Investment(FDI) taking advantage of Vietnamese cheap labor and simultaneously it is evident that its future is unsecure if it maintains status quo. In fact, the Vietnamese economy has impressively showed high growth rate by the help of foreign capitals since 1990s despite the repetitive recessions of global economy but its growth is not likely to be sustainable anymore if it will not reduce foreign dependency and social economic inequality in a long term. In a short run, global economic recession, the financial and monetary policies of global powers, and recent protectionism and uncertainty of trade agreements will be three crucial variables to affect Vietnamese economy. In terms of international relations, Vietnam is continuously expected to practise the policy of checks and balances among the powerful countries. Vietnam has seriously disputed with China on islands sovereignty in the South China Sea and attempted to maintain close relationship with other powerful countries including especially America. However, mainly due to the new protectionism by the regime of American president Donald Trump, the Vietnamese government also need to keep close relationship with China increasingly for both economic and diplomatic security. Under the circumstances, Vietnam is expected to maintain more practical and balanced international relations.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.2
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• pp.585-594
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• 2018

Virtual currencies have emerged along with new technologies such as block chain, artificial intelligence (AI), and big data. This study examines the benefits of a security-enhanced block chain resulting from individual trading, decentralized from governments, as well as the problems associated with misuse of virtual currencies. Virtual currencies, due to its anonymity, is vulnerable to financial crimes, such as ransom-ware, fraud, drug trafficking, tax evasion and money laundering. Use of virtual currencies can facilitate criminals avoid detection from investigative agencies. Government regulatory policy continues to address these concerns, and the virtual currency exchange has also announced a self-regulation proposal. However, a fundamental solution remains necessary. The purpose of this paper is to investigate the problems regarding abuse of virtual currency and to identify a practical system for transactions involving virtual currencies. However, in order to promote transactions involving virtual currencies and to institutionalize a governance system, multilateral cooperation is required. Although the restricting the use of virtual currencies regarding minors and foreign trade, as well as the introduction of a real-name system are considered promising prospects, many problems remain. Virtual currency is not a simple digital item but a method of redesigning the function of money. Coordinated efforts are needed globally to be able to further activate the positive aspects concerning the use of virtual currencies.