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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.

Value and Prosect of individual diary as research materials : Based on the "The 12th May Diaries Collection" (개인 일기의 연구 자료로서의 가치와 전망 "5월12일 일기컬렉션"을 중심으로)

  • Choi, Hyo Jin;Yim, Jin Hee
    • The Korean Journal of Archival Studies
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    • no.46
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    • pp.95-152
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    • 2015
  • "Archives of Everyday Life" refers to an organization or facility which collects, appraises, selects and preserves the document from the memory of individuals, groups, or a society through categorizing and classifying lives and cultures of ordinary people. The document includes materials such as diaries, autobiography, letters, and notes. It also covers any digital files or hypertext like posts from blogs and online communities, or photos uploaded on Social Network Services. Many research fields including the Records Management Studies has continuously claimed the necessity of collection and preservation of ordinary people's records on daily life produced every moment. Especially diary is a written record reflecting the facts experienced by an individual and his self-examination. Its originality, individuality and uniqueness are considered truly valuable as a document regardless of the era. Lately many diaries have been discovered and presented to the historical research communities, and diverse researchers in human and social studies have embarked more in-depth research on diaries, their authors, and social background of the time. Furthermore, researchers from linguistics, educational studies, and psychology analyze linguistic behaviors, status of cultural assimilation, and emotional or psychological changes of an author. In this study, we are conducting a metastudy from various research on diaries in order to reaffirm the value of "The 12th May Diaries Collection" as everyday life archives. "The 12th May Diaries Collection" consists of diaries produced and donated directly by citizens on the 12th May every year. It was only 2013 when Digital Archiving Institute in Univ. of Myungji organized the first "Annual call for the 12th May". Now more than 2,000 items were collected including hand writing diaries, digital documents, photos, audio and video files, etc. The age of participants also varies from children to senior citizens. In this study, quantitative analysis will be made on the diaries collected as well as more profound discoveries on the detailed contents of each item. It is not difficult to see stories about family and friends, school life, concerns over career path, daily life and feelings of citizens ranging all different generations, regions, and professions. Based on keyword and descriptors of each item, more comprehensive examination will be further made. Additionally this study will also provide suggestions to examine future research opportunities of these diaries for different fields such as linguistics, educational studies, historical studies or humanities considering diverse formats and contents of diaries. Finally this study will also discuss necessary tasks and challenges for "the 12th May Diaries Collection" to be continuously collected and preserved as Everyday Life Archives.

The Characteristics of Dolmen Culture and Related Patterns during the End Phase in the Gyeongju Region (경주 지역 지석묘 문화의 특징과 종말기의 양상)

  • Lee, Soohong
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.216-233
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    • 2020
  • This study set out to review tomb culture in the Gyeongju region during the Bronze Age, and also examine the patterns of dolmens during their end phase. For these purposes, the study analyzed 18 tomb relics from the Bronze Age and nine from the early Iron Age. Gyeongju belongs to the Geomdan-ri cultural zone. Approximately 120 tombs from the Bronze Age have been excavated in the Gyeongju region. There are fewer tombs than dwellings in the region, which is a general characteristic of the Geomdan-ri cultural zone. Although the number of tombs is small, the detailed structure of the dead body is varied. During the Bronze Age, tombs in the Gyeongju region were characterized by more prolific construction of pit tombs, dolmens with boundaries, and stacked stone altars than were the cases in other areas. There is a great possibility that the pit tombs in the Gyeongju region were influenced by their counterparts in the northeastern parts of North Korea, given the spindle whorl artifacts buried at the Dongsan-ri sites. Dolmens with boundaries and stacked stone altars are usually distributed in the Songguk-ri cultural zone, and it is peculiar that instances of these are found in large numbers in the Gyeongju region as part of the Geomdanri cultural zone. Even in the early Iron Age, the building of dolmens with boundaries and stacked stone altars continued in the Gyeongju region under the influence of the Bronze Age. A new group of people moved into the area, and they crafted ring-rimmed pottery and built wooden coffin tombs. In the early Iron Age, new rituals performed in high places also appeared, and were likely to provide venues for memorial services for heavenly gods in town-center areas. The Hwacheon-ri Mt. 251-1 relic and the Jukdong-ri relic are ruins that exhibit the aspect of rituals performed in high places well. In these rituals performed in high places, a stacked stone altar was built with the same form as the dolmens with boundaries, and a similar rock to the cover stone of a dolmen was used. People continued to build and use dolmens with boundaries and stacked stone altars while sustaining the Bronze Age traditions, even into the early Iron Age, because the authority of dolmens was maintained. Some dolmens with boundaries and stacked stone altars, known as being Bronze Age in origin, would have continued to be used in ritual practices until the early Iron Age. Entering the latter half of the second century B.C., wooden coffin tombs began to propagate. This was the time when the southern provinces, including the Gyeongju region, were included in the East Asian network, with the spread of ironware culture and the arrival of artifacts from central China. Around this time, dolmen culture faded into history with a new era beginning in its place.

Recommender system using BERT sentiment analysis (BERT 기반 감성분석을 이용한 추천시스템)

  • Park, Ho-yeon;Kim, Kyoung-jae
    • Journal of Intelligence and Information Systems
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    • v.27 no.2
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    • pp.1-15
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    • 2021
  • If it is difficult for us to make decisions, we ask for advice from friends or people around us. When we decide to buy products online, we read anonymous reviews and buy them. With the advent of the Data-driven era, IT technology's development is spilling out many data from individuals to objects. Companies or individuals have accumulated, processed, and analyzed such a large amount of data that they can now make decisions or execute directly using data that used to depend on experts. Nowadays, the recommender system plays a vital role in determining the user's preferences to purchase goods and uses a recommender system to induce clicks on web services (Facebook, Amazon, Netflix, Youtube). For example, Youtube's recommender system, which is used by 1 billion people worldwide every month, includes videos that users like, "like" and videos they watched. Recommended system research is deeply linked to practical business. Therefore, many researchers are interested in building better solutions. Recommender systems use the information obtained from their users to generate recommendations because the development of the provided recommender systems requires information on items that are likely to be preferred by the user. We began to trust patterns and rules derived from data rather than empirical intuition through the recommender systems. The capacity and development of data have led machine learning to develop deep learning. However, such recommender systems are not all solutions. Proceeding with the recommender systems, there should be no scarcity in all data and a sufficient amount. Also, it requires detailed information about the individual. The recommender systems work correctly when these conditions operate. The recommender systems become a complex problem for both consumers and sellers when the interaction log is insufficient. Because the seller's perspective needs to make recommendations at a personal level to the consumer and receive appropriate recommendations with reliable data from the consumer's perspective. In this paper, to improve the accuracy problem for "appropriate recommendation" to consumers, the recommender systems are proposed in combination with context-based deep learning. This research is to combine user-based data to create hybrid Recommender Systems. The hybrid approach developed is not a collaborative type of Recommender Systems, but a collaborative extension that integrates user data with deep learning. Customer review data were used for the data set. Consumers buy products in online shopping malls and then evaluate product reviews. Rating reviews are based on reviews from buyers who have already purchased, giving users confidence before purchasing the product. However, the recommendation system mainly uses scores or ratings rather than reviews to suggest items purchased by many users. In fact, consumer reviews include product opinions and user sentiment that will be spent on evaluation. By incorporating these parts into the study, this paper aims to improve the recommendation system. This study is an algorithm used when individuals have difficulty in selecting an item. Consumer reviews and record patterns made it possible to rely on recommendations appropriately. The algorithm implements a recommendation system through collaborative filtering. This study's predictive accuracy is measured by Root Mean Squared Error (RMSE) and Mean Absolute Error (MAE). Netflix is strategically using the referral system in its programs through competitions that reduce RMSE every year, making fair use of predictive accuracy. Research on hybrid recommender systems combining the NLP approach for personalization recommender systems, deep learning base, etc. has been increasing. Among NLP studies, sentiment analysis began to take shape in the mid-2000s as user review data increased. Sentiment analysis is a text classification task based on machine learning. The machine learning-based sentiment analysis has a disadvantage in that it is difficult to identify the review's information expression because it is challenging to consider the text's characteristics. In this study, we propose a deep learning recommender system that utilizes BERT's sentiment analysis by minimizing the disadvantages of machine learning. This study offers a deep learning recommender system that uses BERT's sentiment analysis by reducing the disadvantages of machine learning. The comparison model was performed through a recommender system based on Naive-CF(collaborative filtering), SVD(singular value decomposition)-CF, MF(matrix factorization)-CF, BPR-MF(Bayesian personalized ranking matrix factorization)-CF, LSTM, CNN-LSTM, GRU(Gated Recurrent Units). As a result of the experiment, the recommender system based on BERT was the best.

Regeneration of a defective Railroad Surface for defect detection with Deep Convolution Neural Networks (Deep Convolution Neural Networks 이용하여 결함 검출을 위한 결함이 있는 철도선로표면 디지털영상 재 생성)

  • Kim, Hyeonho;Han, Seokmin
    • Journal of Internet Computing and Services
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    • v.21 no.6
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    • pp.23-31
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    • 2020
  • This study was carried out to generate various images of railroad surfaces with random defects as training data to be better at the detection of defects. Defects on the surface of railroads are caused by various factors such as friction between track binding devices and adjacent tracks and can cause accidents such as broken rails, so railroad maintenance for defects is necessary. Therefore, various researches on defect detection and inspection using image processing or machine learning on railway surface images have been conducted to automate railroad inspection and to reduce railroad maintenance costs. In general, the performance of the image processing analysis method and machine learning technology is affected by the quantity and quality of data. For this reason, some researches require specific devices or vehicles to acquire images of the track surface at regular intervals to obtain a database of various railway surface images. On the contrary, in this study, in order to reduce and improve the operating cost of image acquisition, we constructed the 'Defective Railroad Surface Regeneration Model' by applying the methods presented in the related studies of the Generative Adversarial Network (GAN). Thus, we aimed to detect defects on railroad surface even without a dedicated database. This constructed model is designed to learn to generate the railroad surface combining the different railroad surface textures and the original surface, considering the ground truth of the railroad defects. The generated images of the railroad surface were used as training data in defect detection network, which is based on Fully Convolutional Network (FCN). To validate its performance, we clustered and divided the railroad data into three subsets, one subset as original railroad texture images and the remaining two subsets as another railroad surface texture images. In the first experiment, we used only original texture images for training sets in the defect detection model. And in the second experiment, we trained the generated images that were generated by combining the original images with a few railroad textures of the other images. Each defect detection model was evaluated in terms of 'intersection of union(IoU)' and F1-score measures with ground truths. As a result, the scores increased by about 10~15% when the generated images were used, compared to the case that only the original images were used. This proves that it is possible to detect defects by using the existing data and a few different texture images, even for the railroad surface images in which dedicated training database is not constructed.

Investigation of microbial contamination on manufacturing processes for small-scale Korean traditional cookies manufacturers (소규모 한과제조업체의 제조공정에 대한 미생물 오염 조사)

  • Kim Sol-A;Lee, Jeong-Eun;Park, Hyun-Jin;Park, Mi-Seon;Choi, Song Yi;Shim, Won-Bo
    • Journal of Food Hygiene and Safety
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    • v.36 no.6
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    • pp.493-503
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    • 2021
  • The study was designed to analyze raw and auxiliary materials of Korean traditional cookies such as Yugwa and Gangjeong, equipment and tools, personal hygiene of workers and microbial contamination of materials by each manufacturing process. In addition, it looked at washing method for reducing microorganisms at the site and reduction effect of microorganisms by frequency in the manufacturing processes of Yugwa. In the process of producing Korean traditional cookies, the level of total aerobic bacteria (TAB) in popped rice was 1.2 Log CFU/g and the level of TAB in finished products increased to 3.7 Log CFU/g. In the process of producing Yugwa, the level of TAB increased to a maximum of 6.5 Log CFU/g in the soaking process but decreased to 1.3 Log CFU/g in the frying process. However, the level of TAB increased again to 1.3 Log CFU/g in finished products that proves its recontamination. It is estimated that he manufacturing process causes cross-contamination that comes from the work tools, equipment or workers. In particular, the spatula, one of the work tools, was found to have 4.4 Log CFU/g of aerobic bacteria and 4.2 Log CFU/g of colon bacillus that show they are highly contaminated. In the soaking process of Yugwa that lasts seven days, the level of TAB was a maximum of 10 Log CFU/g and the level of total colon bacillus was 6.8 Log CFU/g. When compared with washing methods, using hands and tools or running water, it is confirmed that the level of both TAB and total colon bacillus decreased to 5.0 Log CFU/g and 2.8 Log CFU/g respectively when hands were washed with running water 10 times. The above result shows that it's required for workers to wash their hands as well as wash and disinfect work tools and equipment in the process of producing Korean traditional cookies at small-scale companies. In addition, to reduce the level of microbial contamination in finished products, workers are required to apply their reduction method at the site.

Informed Consent and Refusal of Treatment in Emergency Medical Situation (응급의료에서의 설명·동의 원칙과 응급의료거부죄)

  • Lee, Jung-eun
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.37-80
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    • 2022
  • By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.

Influences of Major Nutrients in Surface Water, Soil and Growth Responses to Application of Supplemental Activated Biochar Pellet Fertilizers in Rice (Oryza sativa L.) Cultivation (벼 재배 시 활성 바이오차 팰렛 비료 시용에 따른 논 표면수와 토양의 주요 양분 함량 및 벼 생육에 미치는 영향)

  • Lee, SangBeom;Park, DoGyun;Jeong, ChangYoon;Nam, JooHee;Kim, MinJeong;Nam, HongShik;Shim, ChangKi;Hong, SeungGil;Shin, JoungDu
    • Journal of the Korea Organic Resources Recycling Association
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    • v.30 no.2
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    • pp.17-28
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    • 2022
  • The application of supplemental activated biochar pellet fertilizers (ABPFs) was evaluated by investigating key factors such as changes of surface paddy water and soil chemical properties and rice growth responses during the growing season. The treatments consisted of control, activated rice hull biochar pellet (ARHBP-40%), and activated palm biochar pellet (APBP-40%) applications. It was shown that the lowest NH4+-N and PO4--P concentrations were observed in surface paddy water to the ARHBP-40%, while the NH4+-N concentration in the control was abruptly decreased until 30 days after transplant in the soil. However, the lowest NH4+-N concentration in the blended biochar application was 9.18 mg L-1 at 1 day of transplant, but its ABPFs application was observed to be less than 1 mg L-1 at 56 days after transplant. The lowest PO4--P concentration in paddy water treated ARHBP-40% ranged from 0.06 mg L-1 to 0.08 mg L-1 until 30 days after transplant among the treatments. For the paddy soil, the NH4+-N concentration in the control was abruptly decreased from 177.7 mg kg-1 to 49.4 mg kg-1, while NO3--N concentration was highest, 13.2 mg kg-1 in 14 days after transplant. The P2O5 concentrations in the soils increased from rice transplants until the harvesting period regardless of the treatments. The highest K2O concentration was 252.8 mg kg-1 in the APBP-40% at 84 days after transplant. For the rice growth responses, plant height in the control was relatively high compared to others, but grain yield was not significantly different between the control and ARHBP-40%. The application of ARHBP-40% can minimize nitrogen and phosphorous application rates into the agro-ecosystem.

Effects of Climatic Factors on the Nationwide Distribution of Wild Aculeata (Insecta: Hymenoptera) (전국 야생 벌목 분포에 대한 기후요인 영향 연구)

  • Yu, Dong-Su;Kwon, Oh-Chang;Shin, Man-Seok;Kim, Jung-Kyu;Lee, Sang-Hun
    • Korean Journal of Environment and Ecology
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    • v.36 no.3
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    • pp.303-317
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    • 2022
  • Climate change caused by increased greenhouse gas emissions can alter the natural ecosystem, including the pollination ecosystem and agricultural ecology, which are ecological interactions between potted insects and plants. Many studies have reported that populations of wild bees, including bees and wasps (BW), which are the key pollinators, have gradually declined due to climate change, leading to adverse impacts on overall biodiversity, ultimately with agribusinesses and the life cycle of flowering plants. Therefore, we could infer that the rising temperature in Korean Peninsula (South Korea) due to global warming has led to climate change and influenced the wild bee's ecosystem. In this study, we surveyed the distributional pattern of BW (Superfamily: Apoidea, Vespoidea, and Chrysidoidea) at 51 sites from 2017 (37 sites) to 2018 (14 sites) to examine the effects of climatic factors on the nationwide distribution of BW in South Korea. Previous literature has confirmed that their distribution according to forest climate zones is significantly correlated with mean and accumulative temperatures. Based on the result, we predicted the effects of future climate changes on the BW distribution that appeared throughout South Korea and the species that appeared in specific climate zones using Shared Socioeconomic Pathways (SSPs). The distributions of wild BW predicted by the SSP scenarios 2-4.5 and 5-8.5 according to the BIOMOD species distribution model revealed that common and endemic species will shift northward from the current habitat distribution by 2050 and 2100, respectively. Our study implies that climate change and its detrimental effect on the ecosystem is ongoing as the BW distribution in South Korea can change, causing the change in the ecosystem in the Korean Peninsula. Therefore, immediate efforts to mitigate greenhouse gas emissions are warranted. We hope the findings of this study can inspire further research on the effects of climate change on pollination services and serve as the reference for making agricultural policy and BW conservation strategy

Inter-regional Income Inducement and Income Transfer Analysis Using Korean Regional Input-Output Tables (지역산업연관표를 이용한 지역 간 소득유발과 소득전이 분석)

  • Kwon, Tae Hyun
    • Economic Analysis
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    • v.27 no.3
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    • pp.61-96
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    • 2021
  • This study is to structurally examine the regional income disparity in Korea. It measures the regional income inducement by household consumption expenditure per unit income, and the regional interdependency of income using 2005 and 2015 Regional Input-Output Tables of 16 provincial regions of Korea. The results are as follows. Firstly, the income inducement by consumption expenditure per unit income decreased overall, mainly due to the decrease in the income inducement of other regions than due to that of their region. Secondly, in many regions, the inter-relational income dependency per unit income decreased also, this too, mainly due to the decrease in the income transfer to other region. And, the income inducement effects of consumption expenditure per unit income of Seoul and Gyeonggi, which occupy a large portion of the Korean economy, were lower than that of other regions, but took the largest portion of income inducements generated by other regions as well as by themselves and absorbed the income transfers from other regions the most. The higher income inducement and income absorption in Seoul and Gyeonggi by consumption expenditure of other regions were mainly because of the high share in service of their consumption structure, the progress in tertiarization of their industrial structure, and the high wage portion. These results also mean that viewed from the regional interdependency of income, the income of Seoul and that of Gyeonggi are highly dependent on the income of other regions. Especially, Gyeonggi which leads the overseas exports of high-tech based manufactured products, has other external factors that contribute to their high income inducement, whereas, Seoul which shows high income absorption using its inter-relations with other domestic regions based on the services, has an income-generating structure that is sensitive to other regions' economic situation. Amid overall declines in regional income inducements and in income transfers, and continuing concentrations into Seoul and Gyeonggi regions, to alleviate the regional disparity, the regional industry policies should, rather than benchmarking the policies of the two concentrated regions, enhance their own inter-regional relationships by strengthening the comparative advantage of their regionally specialized industry.