• Title/Summary/Keyword: Hard Law

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Present Status of Domestic Air Transport Industry and Policy Proposal for National Carrier's Sustainable Development (국내 항공운송산업의 현황 및 지속발전을 위한 정책제언)

  • Choi, Doo-Hwan;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.3-34
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    • 2018
  • Korea's air transport industry has a 70-year history since Korea National Airline was establishment in October 1948. Korea has 9 airlines which have international air transport business licenses, and as of 2017, air transport performance(Domestic & International) is ranked 8th in the world. Through analysis of Korea's air transport industry, this paper examines the essential problems of the domestic air transport industry and what policies and laws should be supplemented, and presents an "Policy Directions for the Air Transport Industry" that can continue to grow into a global aviation leading country in the future. Analysis of aviation statistics shows that the nation's air transport industry has a very high growth rate, and national airlines continue to invest in sustainable growth. Furthermore, new companies are also trying to enter the market. As of November 2018, four companies applied for licenses for international air transport business, one for international air transport business (cargo) license, and the Ministry of Land, Infrastructure and Transport is expected to decide whether to issue the license by first quarter of 2019. While some expect price reductions and consumer benefits through competition promotion, others worry about worsening airline financial structures and reducing safety investment due to competition. To sum up the problems of the nation's air transport industry, first, low-cost airlines focus only on attracting domestic demand, and thus have a weak foundation for continued growth. Second, the rapid growth in recent years has led to the lack of aviation professionals such as pilots and technicians and the saturation of slots at major airports. Third, since the financial soundness of airlines is not systematically managed, the financial situation of airlines can quickly deteriorate and the damage can be attributed to consumers. In order for the national airlines to continue to develop, the first is to focus on the endless demand of the global aviation market and to secure international competitiveness. Second, the government should support the airline infrastructure according to the size of the air transport industry, third, we will systematically nurture aviation experts who will lead the future of the nation's air transport industry, and finally, the government will have to continuously manage the financial status of airlines to prevent consumer damage in advance. Nowadays the air transport industry has become very competitive. Not only do airlines have to work hard for the sustainable development of national airlines, but all government agencies must support our airline companies in policy to win international competition.

Non-invasive Brain Stimulation and its Legal Regulation - Devices using Techniques of TMS and tDCS - (비침습적 뇌자극기술과 법적 규제 - TMS와 tDCS기술을 이용한 기기를 중심으로 -)

  • Choi, Min-Young
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.209-244
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    • 2020
  • TMS and tDCS are non-invasive devices that treat the diseases of patients or individual users, and manage or improve their health by applying stimulation to a brain through magnetism and electricity. The effect and safety of these devices have proved to be valid in several diseases, but research in this area is still much going on. Despite increasing cases of their application, legislations directly regulating TMS and tDCS are hard to find. Legal regulation regarding TMS and tDCS in the United States, Germany and Japan reveals that while TMS has been approved as a medical device with a moderate risk, tDCS has not yet earned approval as a medical device. However, the recent FDA guidance, European MDR changes, recalls in the US, and relevant legal provisions of Germany and Japan, as well as recommendations from expert groups all show signs of tDCS growing closer to getting approved as a medical device. Of course, safety and efficacy of tDCS can still be regulated as a general product instead of as a medical device. Considering multiple potential impacts on a human brain, however, the need for independent regulation is urgent. South Korea also lacks legal provisions explicitly regulating TMS and tDCS, but they fall into the category of the grade 3 medical devices according to the notifications of the Korean Ministry of Food and Drug Safety. And safety and efficacy of TMS are to be evaluated in compliance with the US FDA guidance. But no specific guidelines exist for tDCS yet. Given that tDCS devices are used in some hospitals in reality, and also at home by individual buyers, such a regulatory gap must quickly be addressed. In a longer term, legal system needs to be in place capable of independently regulating non-invasive brain stimulating devices.

On the vibration influence to the running power plant facilities when the foundation excavated of the cautious blasting works. (노천굴착에서 발파진동의 크기를 감량 시키기 위한 정밀파실험식)

  • Huh Ginn
    • Explosives and Blasting
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    • v.9 no.1
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    • pp.3-13
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    • 1991
  • The cautious blasting works had been used with emulsion explosion electric M/S delay caps. Drill depth was from 3m to 6m with Crawler Drill ${\phi}70mm$ on the calcalious sand stone (soft -modelate -semi hard Rock). The total numbers of test blast were 88. Scale distance were induced 15.52-60.32. It was applied to propagation Law in blasting vibration as follows. Propagtion Law in Blasting Vibration $V=K(\frac{D}{W^b})^n$ were V : Peak partical velocity(cm/sec) D : Distance between explosion and recording sites(m) W : Maximum charge per delay-period of eight milliseconds or more (kg) K : Ground transmission constant, empirically determind on the Rocks, Explosive and drilling pattern ets. b : Charge exponents n : Reduced exponents where the quantity $\frac{D}{W^b}$ is known as the scale distance. Above equation is worked by the U.S Bureau of Mines to determine peak particle velocity. The propagation Law can be catagorized in three groups. Cubic root Scaling charge per delay Square root Scaling of charge per delay Site-specific Scaling of charge Per delay Plots of peak particle velocity versus distoance were made on log-log coordinates. The data are grouped by test and P.P.V. The linear grouping of the data permits their representation by an equation of the form ; $V=K(\frac{D}{W^{\frac{1}{3}})^{-n}$ The value of K(41 or 124) and n(1.41 or 1.66) were determined for each set of data by the method of least squores. Statistical tests showed that a common slope, n, could be used for all data of a given components. Charge and reduction exponents carried out by multiple regressional analysis. It's divided into under loom over loom distance because the frequency is verified by the distance from blast site. Empirical equation of cautious blasting vibration is as follows. Over 30m ------- under l00m ${\cdots\cdots\cdots}{\;}41(D/sqrt[2]{W})^{-1.41}{\;}{\cdots\cdots\cdots\cdots\cdots}{\;}A$ Over 100m ${\cdots\cdots\cdots\cdots\cdots}{\;}121(D/sqrt[3]{W})^{-1.66}{\;}{\cdots\cdots\cdots\cdots\cdots}{\;}B$ where ; V is peak particle velocity In cm / sec D is distance in m and W, maximLlm charge weight per day in kg K value on the above equation has to be more specified for further understaring about the effect of explosives, Rock strength. And Drilling pattern on the vibration levels, it is necessary to carry out more tests.

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The life and medical idea of Chu, Dan-Gae.(朱 丹溪) (주단계(朱丹溪)의 생애(生涯)와 의학사상(醫學思想)에 관한 연구(硏究))

  • Lee, Yong-Won;Yoon, Chang-Yeul
    • Journal of Korean Medical classics
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    • v.5
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    • pp.200-251
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    • 1992
  • As concerned the life and the medical idea of Choo, Tan-Kye(朱丹溪), which it can be summarized as follows by studying. 1. Tan-Kye(丹溪) lived in the end of the won dynasty(元代末期), When the people starved and suffered from a flood-disaster and drought. etc, also the social conditions were in disorder on account of the corrupt ion of politics. And Cheol Kang seong(浙江省), located in the south region of China, has sterile soil and the climate condition humid and heatful. So the south district peoples have very weak constitution. So We can found that his medical idea reflected the phases of the periods and the regional enviornmental situations. 2. For that reason, Tan-Kye(丹溪) rejected the prescription of the "WHa Che Gook Bang(和劑局方)" which was prevalent at that time, in which the the pungent-dried herbs were widly used ; So he persisted in the "Sang Wha Lon(相火論)" and the "Positivity is usually excedeed while the negativity deficient(陽有餘陰不足論)". Then he treated with the drugs to nourish the negativity for the prime object to be applied in the clinic. 3. Tan-Kye(丹溪) refined the follows from the natural law; Heaven is to the positivity(陽) and the Earth is defined the negativity(陰), so the heaven is to the Macro(大) and the earth, micro(小):So the Sun is to the Positivity(陽), the Moon, the Negativity(陰): as to the Sun is always full while the moon always defected too. Therefore the "positivity is always excedeed for that the negativity is deficientalways(陽有餘陰不足)". In Human body, "the negativity energy (陰精) "is hard formed-easily defected(難成易虧)". And the heat(相火) in the body can be moved easily and let the negative energy to leak out. Therefore the more the positivity excedeed, the more the negativity deficient"(陽當有餘陰常不足). 4. He made it expanded the contents of the "Heat(相火)" in the Chapter Woon Chi of the Nae Kyeong(內徑) and discribed, the Life-string of the human body is originated from the movement of the "Heat with unique energy(相火一氣)". And more in human body, it is specifically regulated by the two visceras, Liver and Kidney, and is distributed in the 'Pericardium(心包絡)' 'Tripie Warmer(三焦)' 'Gallbladder(膽)' etc. In the point of his assertion of heat(相火), it is concluded both the physiological and the pathological heat of all. 5. Tan-Kye(丹溪) grew up in the family or the Confucianism. He was instructed the Confucianism(性理學) from Heo-Kyeom(許謙), the fourth diciple of Chu-Ja(朱子), and was received the Yoo Chang Ri(劉 張 李)'s triple doctrine from the La Tae Moo(羅太無), the second disciple of Yoo Wan So(劉完素). So there are much of content of Confucianism(性理學) in his medical thedry, and his theory has succeeded the achievements of the triple study. 6. About the theory of the "positivity is usually excedeed while the negativity deficient"(陽常有餘陰常不足論) of Tan-Kye, it was asserted that the positivity is never sufficient for the vital mainspring, by Chang, Kye-Pin(張介賓) and Lee, Kyoo-Zoon(李奎晙) etc. And for the Heat theory(相火論), eventhough the scholars of postorior generations criicized all of that, there are defect of the content and unification between them. 7. The father of the "Cha Eum Pa(滋陰派), Tan-Kye(丹溪) contributed considerably to the development of the oriental medicine and to the general therapy for the various diseases(一般雜病施治). 8. there are handed down and remained twenty or more of volumes of list of his writings. Among them, except "Kyeok Chi Yeo Ron"(格致餘論), "Kuk Pang Pal Hyeu"(局方發揮), they are reorganized by posteriority. There are Cho, Do-Chin(趙道震). Cho, Ee-Teok(趙以德), Tae, Sa-Gong(戴思恭), Wang Ri(王履) and Yoo, Suk-Yeon(劉淑淵) etc as disciples of his. And Wang Ryoon(王論) and Woo Pak(虞搏) as the admirer of him.

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A study on Classification of Temporarily Access Group about Sanitation Workers in Nuclear Medicine Department (핵의학과 환경미화원의 일시 출입자 분류에 대한 고찰)

  • Yoo, Jae-Sook;Jang, Jeong-Chan;Kim, Ho-Seong
    • The Korean Journal of Nuclear Medicine Technology
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    • v.16 no.1
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    • pp.50-56
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    • 2012
  • Purpose: Those who access to the nuclear medicine department are classified as radiation workers, temporarily access group, and occasional access group as defined by the atomic energy law. The radiation workers and temporarily access people wear a personal radiation dosimeter for checking their own radiation absorbed dose periodically. However, because of the sanitation workers, classified as temporarily access group, who are working in the nuclear medicine department are moved in a cycle with other departments and their works are changeful, it is hard to control their radiation absorbed dose. Thus, this study is going to examine the state of the sanitation worker's radiation absorbed dose, and then make sure whether they are classified as temporarily access group or not. Materials and methods: In the first instance, the first sanitation worker who works in vitro laboratory and PET room and the second sanitation worker who works in gamma camera rooms (invivo room) wore radiation dosimeter-OSL(Optically Stimulated Luminescence)- to measure their own radiation absorbed dose during work time from May to June 2011. Secondly, this study was taken place 5 places in gamma camera rooms, 2 places in PET bed room, operating room, waiting room and cyclotron room in PET and 4 places in vitro laboratory. And then to measure the radiation space dose rate, it is measured 10 times each of places as sanitation worker's work flow by using radiation survey meter. Results: The radiation absorbed dose on OSL of the first c who works in vitro laboratory and PET room and the second one who works in gamma camera rooms are 0.04, 0.02 mSv per month respectively. That means the estimated annual radiation absorbed doses are less than 1mSv as 0.48, 0.24 mSv/yr respectively. The radiation space dose rates as sanitation worker's work flow using survey meter are 0.0037, 0.0019 mSv/day, so the estimated annual radiation absorbed dose are 0.93, 0.47 mSv/yr respectively. The weighted exposure dose of first sanitation worker of each places are 1.62% in cyclotron room, 3.88% in waiting room, 2.39% in operating room, 81.01% in bed room of PET and 11.01% in vitro laboratory. The weighted exposure dose of second sanitation worker of each places are 45.22% in radiopharmaceutical laboratory, gamma 30.64% in camera rooms, 15.65% in waiting room, 8.49% in reading room. Conclusion: The annual radiation absorbed doses on OSL of both sanitation workers are less than 1 mSv per year and the annual radiation absorbed doses by using survey meter are less than 1mSv either, but close up to 1 mSv. Thus, to clarify whether the sanitation workers are temporarily access group or not, and to be lessen their s radiation absorbed dose, they should be educated about management of radiation and modified their work flow or work time appropriately, their radiation absorbed dose would be lessen certainly.

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Canadian Public and Stakeholder Engagement Approach to a Spent Nuclear Fuel Management (사용후핵연료 관리를 위한 캐나다 공론화 방안)

  • Hwang, Yong-Soo;Kim, Youn-Ok;Whang, Joo-Ho
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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    • v.6 no.3
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    • pp.179-187
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    • 2008
  • After Canada has struggled with a radioactive waste problem over for 20 years, the Canadian government finally found out that its approach by far has been lack of social acceptance, and needed a program such as public and stakeholder engagement (PSE) which involves the public in decision-making process. Therefore, the government made a special law, called Nuclear Fuel Waste Act (NFWA), to search for an appropriate nuclear waste management approach. NFWA laid out three possible approaches which were already prepared in advance by a nuclear expert group, and required Nuclear Waste Management Organization (NWMO) to be established to report a recommendation as to which of the proposed approaches should be adopted. However, NFWA allowed NWMO to consider additional management approach if the other three were not acceptable enough. Thus, NWMO studied and created a fourth management approach after it had undertaken an comparison of the benefits, risks and costs of each management approach: Adaptive Phased Management. This approach was intended to enable the implementers to accept any technological advancement or changes even in the middle of the implementation of the plan. The Canadian PSE case well shows that technological R&D are deeply connected with social acceptance. Even though the developments and technological advancement are carried out by the scientists and experts, but it is important to collect the public opinion by involving them to the decision-making process in order to achieve objective validity on the R&D programs. Moreover, in an effort to ensure the principles such as fairness, public health and safety, security, and adoptability, NWMO tried to make those abstract ideas more specific and help the public understand the meaning of each concept more in detail. Also, they utilized a variety of communication methods from face-to-face meeting to e-dialogue to encourage people to participate in the program as much as possible. Given the fact that Korea has been also having a hard time in dealing with spent nuclear fuel management, all of these efforts that Canada has made with a PSE program would give good lessons and implications to the Korean case. In conclusion, as a deliberative participation program, PSE could be a possible breakthrough approach for the Korean spent nuclear fuel management.

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The Design and Application of Vibrator Type(AM) Combination Apparatus for Improving Police Equipment for Fugitive Prevention (도주방지용 경찰장구의 기능개선을 위한 진동자 방식(AM) 결속장치 설계 및 응용)

  • Choi, Ki-Nam;Lee, Seon-Jeh
    • Convergence Security Journal
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    • v.11 no.2
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    • pp.13-24
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    • 2011
  • Policemen judge the situations rationally and use their equipment such as handcuffs and rope within the purview, finding them needed to arrest criminals in the act who commit crimes which conforms to death penalty, life imprisonment or long imprisonment for over 3 years in accordance with Clause 10-2, Article 1 of the Police Mandate Law and prevent fleeing from them, defend their and others' lives and bodies, or if there are probable causes to be recognized that using equipment is necessary to restrain the interference with government officials in the execution of their duties. However, as the cases which the criminals run away in handcuffs or with both hands tied occur, it results in the waste of police force, distrust and enormous trouble in the pursuit of their duties. Therefore, if the way to perceive fleeing of criminals who have already worn the police equipment by some simple assistive devices without developing other new equipment, it will be very effective for police duties. This study is about the combination apparatus for fugitive prevention attached to the existing handcuffs and rope whose alert sounds let the staffs working inside the office perceive the fleeing of wanted criminals and examined suspects who wear the handcuffs or are tied up with rope, providing that they go through the exit where a transmitter and a receiver were set. The combination apparatus for fugitive prevention which the study introduces contains the connecting parts which connect a flexible tube(cognition tags inside of the tube) of connector equipped with the police equipment with the ends of the tube and the part where these two meet and which connect them inside of the tube. The connecting parts are easy to be attached to the police equipment such as handcuffs and rope, but hard to be dismantled by the people tied up with the equipment. It enables watchers to perceive the fleeing of wanted criminals and examined suspects who wear the handcuffs or are tied up with rope, providing that they go through the exit where a transmitter and a receiver were set. Plus, if it is combined together with the portable receiver, it can be installed on the patrol cars and easily adopted to supervise illegally accessing of evidences. It is also avaliable to be adjunctively utilized for the handcuffs provided and the cost is so reasonable. Owing to its snap-on way to the cuffs, it can clear up any invasion of privacy and it can not be used as a self-injury tool because of the soft tube. Using AM Tag minimizes the lack of malfunction.

Demand for the Radiological Technologist Independent Act for the Performance of the Duties of a Radiological Technologist (방사선사 직무수행을 위한 방사선사 단독법 제정에 대한 요구도)

  • Kim, Eun-Hye;Lim, Cheong-Hwan;Lim, Woo-Taek;Joo, Young-Cheol;Hong, Dong-Hee;Jung, Hong-Ryang;Moon, Young-Ju;Kim, Hoon;Jung, Young-Jin;Choi, Ji-Won;Yoon, Yong-Su;Cho, Pyong-Kon;Park, Myeong-Hwan;Yang, Oh-Nam;Jeong, Bong-Jae
    • Journal of radiological science and technology
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    • v.44 no.5
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    • pp.525-534
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    • 2021
  • In order to provide high-quality medical services to the public and contribute to the improvement of public health, it is necessary to enact an independent law according to the work of radiological technologists. Therefore, this study intends to review the regulations related to radiographers in the Medical Service Technologists, etc. Act. and to present opinions and directions for enactment of individual laws for radiological technologists. An online survey was conducted to 15,000 radiological technologists working in medical institutions and education sites in Korea; 1,027 people (6.85%) responded. The questionnaire consisted of 3 questions on demographic characteristics, 5 questions on the scope of work, and 12 questions on the revision of the Medical Service Technologists, etc. Act. and the establishment of the Radiological Technologist Independent Act. Reliability and factor analysis were performed on 9 questions measured on a Likert 5-point scale in "Revision of the Medical Service Technologists, etc. Act. and the establishment of the Radiological echnologist Independent Act" among the questionnaire items. Reliability for the total 9 questions was Chronbach α=0.728. There was a high perception that the regulations related to radiological technologists were insufficient in the current Medical Service Technologists, etc. Act., and the perception that examinations performed by radiological technologists at medical institutions were included in medical practice was high. If the Radiological Technologist Independent Act is enforced, a high percentage of respondents said that they could receive legal protection through the institutionalization of the scope of work, that the status of radiological technologists would be improved, and the scope of work would be expanded. The response that the scope of work of radiological technologists should be included was the highest at 96.6%. In the analysis according to demographic characteristics, it was found that 96.7% of the respondents were agreed regardless of the factors. Radiological technologists will have to work hard to secure the public health by coping with new radiology devices, procedures and treatment methods. Therefore, as the results of this study, it is expected that the enactment and implementation of the Radiological Technologist Independent Act will contribute to the improvement of the quality of treatment for patients and to the public health.

Research for Space Activities of Korea Air Force - Political and Legal Perspective (우리나라 공군의 우주력 건설을 위한 정책적.법적고찰)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.135-183
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    • 2003
  • Aerospace force is a determining factor in a modem war. The combat field is expanding to space. Thus, the legitimacy of establishing aerospace force is no longer an debating issue, but "how should we establish aerospace force" has become an issue to the military. The standard limiting on the military use of space should be non-aggressive use as asserted by the U.S., rather than non-military use as asserted by the former Soviet Union. The former Soviet Union's argument is not even strongly supported by the current Russia government, and realistically is hard to be applied. Thus, the multi-purpose satellite used for military surveillance or a commercial satellite employed for military communication are allowed under the U.S. principle of peaceful use of space. In this regard, Air Force may be free to develop a military surveillance satellite and a communication satellite with civilian research institute. Although MTCR, entered into with the U.S., restricts the development of space-launching vehicle for the export purpose, the development of space-launching vehicle by the Korea Air Force or Korea Aerospace Research Institute is beyond the scope of application of MTCR, and Air Force may just operate a satellite in the orbit for the military purpose. The primary task for multi-purpose satellite is a remote sensing; SAR sensor with high resolution is mainly employed for military use. Therefore, a system that enables Air Force, the Korea Aerospace Research Institute, and Agency for Defense Development to conduct joint-research and development should be instituted. U.S. Air Force has dismantled its own space-launching vehicle step by step, and, instead, has increased using private space launching vehicle. In addition, Military communication has been operated separately from civil communication services or broadcasting services due to the special circumstances unique to the military setting. However, joint-operation of communication facility by the military and civil users is preferred because this reduces financial burden resulting from separate operation of military satellite. During the Gulf War, U.S. armed forces employed commercial satellites for its military communication. Korea's participation in space technology research is a little bit behind in time, considering its economic scale. In terms of budget, Korea is to spend 5 trillion won for 15 years for the space activities. However, Japan has 2 trillion won annul budget for the same activities. Because the development of space industry during initial fostering period does not apply to profit-making business, government supports are inevitable. All space development programs of other foreign countries are entirely supported by each government, and, only recently, private industry started participating in limited area such as a communication satellite and broadcasting satellite, Particularly, Korea's space industry is in an infant stage, which largely demands government supports. Government support should be in the form of investment or financial contribution, rather than in the form of loan or borrowing. Compared to other advanced countries in space industry, Korea needs more budget and professional research staff. Naturally, for the efficient and systemic space development and for the prevention of overlapping and distraction of power, it is necessary to enact space-related statutes, which would provide dear vision for the Korea space development. Furthermore, the fact that a variety of departments are running their own space development program requires a centralized and single space-industry development system. Prior to discussing how to coordinate or integrate space programs between Agency for Defense Development and the Korea Aerospace Research Institute, it is a prerequisite to establish, namely, "Space Operations Center"in the Air Force, which would determine policy and strategy in operating space forces. For the establishment of "Space Operations Center," policy determinations by the Ministry of National Defense and the Joint Chief of Staff are required. Especially, space surveillance system through using a military surveillance satellite and communication satellite, which would lay foundation for independent defense, shall be established with reference to Japan's space force plan. In order to resolve issues related to MTCR, Air Force would use space-launching vehicle of the Korea Aerospace Research Institute. Moreover, defense budge should be appropriated for using multi-purpose satellite and communication satellite. The Ministry of National Defense needs to appropriate 2.5 trillion won budget for space operations, which amounts to Japan's surveillance satellite operating budges.

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Study on the effect of small and medium-sized businesses being selected as suitable business types, on the franchise industry (중소기업적합업종선정이 프랜차이즈산업에 미치는 영향에 관한 연구)

  • Kang, Chang-Dong;Shin, Geon-Chel;Jang, Jae Nam
    • Journal of Distribution Research
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    • v.17 no.5
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    • pp.1-23
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    • 2012
  • The conflict between major corporations and small and medium-sized businesses is being aggravated, the trickle down effect is not working properly, and, as the controversy surrounding the effectiveness of the business limiting system continues to swirl, the plan proposed to protect the business domain of small and medium-sized businesses, resolve polarization between these businesses and large corporations, and protect small family run stores is the suitable business type designation system for small and medium-sized businesses. The current status of carrying out this system of selecting suitable business types among small and medium-sized businesses involves receiving applications for 234 items among the suitable business types and items from small and medium-sized businesses in manufacturing, and then selecting the items of the consultative group by analyzing and investigating the actual conditions. Suitable business type designation in the service industry will involve designation with priority on business types that are experiencing social conflict. Three major classifications of the service industry, related to the livelihood of small and medium-sized businesses, will be first designated, and subsequently this will be expanded sequentially. However, there is the concern that when designated as a suitable business type or item, this will hinder the growth motive for small to medium-sized businesses, and designation all cause decrease in consumer welfare. Also it is highly likely that it will operate as a prior regulation, cause side-effects by limiting competition systematically, and also be in violation against the main regulations of the FTA system. Moreover, it is pointed out that the system does not sufficiently reflect reverse discrimination factor against large corporations. Because conflict between small to medium sized businesses and large corporations results from the expansion of corporations to the service industry, which is unrelated to their key industry, it is necessary to introduce an advanced contract method like a master franchise or local franchise system and to develop local small to medium sized businesses through a franchise system to protect these businesses and dealers. However, this method may have an effect that contributes to stronger competitiveness of small to medium sized franchise businesses by advancing their competitiveness and operational methods a step further, but also has many negative aspects. First, as revealed by the Ministry of Knowledge Economy, the franchise industry is contributing to the strengthening of competitiveness through the economy of scale by organizing existing individual proprietors and increasing the success rate of new businesses. It is also revealed to be a response measure by the government to stabilize the economy of ordinary people and is emphasized as a 'useful way' to revitalize the service industry and improve the competitiveness of individual proprietors, and has been involved in contributions to creating jobs and expanding the domestic market by providing various services to consumers. From this viewpoint, franchises fit the purpose of the suitable business type system and is not something that is against it. Second, designation as a suitable business type may decrease investment for overseas expansion, R&D, and food safety, as well negatively affect the expansion of overseas corporations that have entered the domestic market, due to the contraction and low morale of large domestic franchise corporations that have competitiveness internationally. Also because domestic franchise businesses are hard pressed to secure competitiveness with multinational overseas franchise corporations that are operating in Korea, the system may cause difficulty for domestic franchise businesses in securing international competitiveness and also may result in reverse discrimination against these overseas franchise corporations. Third, the designation of suitable business type and item can limit the opportunity of selection for consumers who have up to now used those products and can cause a negative effect that reduces consumer welfare. Also, because there is the possibility that the range of consumer selection may be reduced when a few small to medium size businesses monopolize the market, by causing reverse discrimination between these businesses, the role of determining the utility of products must be left ot the consumer not the government. Lastly, it is desirable that this is carried out with the supplementation of deficient parts in the future, because fair trade is already secured with the enforcement of the franchise trade law and the best trade standard of the Fair Trade Commission. Overlapping regulations by the suitable business type designation is an excessive restriction in the franchise industry. Now, it is necessary to establish in the domestic franchise industry an environment where a global franchise corporation, which spreads Korean culture around the world, is capable of growing, and the active support by the government is needed. Therefore, systems that do not consider the process or background of the growth of franchise businesses and harm these businesses for the sole reason of them being large corporations must be removed. The inhibition of growth to franchise enterprises may decrease the sales of franchise stores, in some cases even bankrupt them, as well as cause other problems. Therefore the suitable business type system should not hinder large corporations, and as both small dealers and small to medium size businesses both aim at improving competitiveness and combined growth, large corporations, small dealers and small to medium sized businesses, based on their mutual cooperation, should not include franchise corporations that continue business relations with them in this system.

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