• Korea and Global Affairs
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• v.1 no.2
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• pp.5-32
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• 2017

5.18 Gwangju Democratization Movement was approved as a legal democratization movement by president Kim Young Sam in May 1993 and was approved as a global recording inheritance by UNESCO in May 2011 for the honor of Gwangju citizens to be restored. However, assessment on this until today after 35 years of occurrence is not nationally unified and the mind of Gwangju maybe only remembered as pride by Gwangju. There are several factors of this continuing situation but this researcher thinks the biggest factor is that professionals reanalyzing the truth ascertainment fitting spirit of the times who are in charge of citizen education are intensively distributed in Jeolla-do and Seoul. Moreover, the journal unlikely assessing 5.18 have enemies in the assailant area during activity that unity is not taking place with divided assessments and trapped in Honam. This study judges that the reason the meaning of 5.18 is trapped in Honam and not nationally unified is because of the limit of "adversary system." Especially researchers who should analyze and explain this incident in a objective views are bias distributed (Gwangju Jeolla-do> Seoul>Gyeongnam) in hometown areas that the possibility of 5.18 meaning not being unified was focused. Academic research studies, journal writers, and publication locations are divided in this study to reveal they are bias distributed and reveal that there is possibility that this biased distribution of researches are becoming obstacles in overcoming regionality.

• Korean journal of communication and information
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• v.81
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• pp.189-224
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• 2017

The case of 'Paik Jong-moon's Taped Conversation,' has presented "an important and serious challenge to the freedom of the press and democracy" in South Korea. Nevertheless, this case has not been reported by the mainstream news media. It has also been forgotten without a proper fact-finding or investigation by regulatory agencies, like The Foundation for Broadcast Culture, The Korea Communications Commission, or The National Assembly. This study aims to examine why the above has happened through in-depth interviews of reporters and TV producers, senior journalists, former and incumbent commissioners of the broadcasting regulatory agencies, and experts of the industry, as well as literature research. Here, I present three answers. First, I found two reasons the mainstream press has ignored this incident. 1) It serves for political interests instead of reporting truth. 2) Public broadcasters' watchdog role has been neutralized. Second, regulatory agencies like The Foundation for Broadcast Culture, The Korea Communications Commission and The National Assembly are ruled by political tribalism. The ruling party's members of the National Assembly and these agencies were reluctant to investigate allegations surrounding Paik Jong-moon, such as illegal dismissals, illegal intervention in programming or production, illegal recruitment and illegal business deals. That's because they considered CEO Paik an ally. Using their majority power, they have rejected the request from opposition-affiliated commissioners or from opposition lawmakers to investigate the allegations. Third, there were no alternative forces within the public broadcasters to unveil the truth. In conclusion, the legal and institutional shake-up of corporate governance is urgently needed for public broadcasters and broadcasting regulatory agencies.

• Journal of Korea Technology Innovation Society
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• v.21 no.3
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• pp.1179-1206
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• 2018

Korea has entered into a post-industrial era with the Constitution of the industrial age, which defines 'science technology' as a means for national economic development. For Constitutional amendment for the new era, it is necessary to identify the "inertia of the industrial age" adhered to the Constitution. To this end, I analyzed the Constitution concerning 'science-technology' with comparative legal study and diachronic approach. The "inertia of the industrialization age" implied by the Constitution is as follows. First, it is constriction of 'science and technology'. In the Constitution, science is subordinate to technology, technology is limited to science. Second, it marks 'science and technology' as a means for economic development. Third, 'innovation' in Article 127 is still conceived as 'development or promotion'. The 'science' must be liberated from the means for industrial technology, and the 'technology' must be convergent with diversity and creativity. In addition, a constitutional provision acknowledging various influences of science and technology other than economic development is required, which means constitutional declaration of 'science and technology state principle'. Finally, in the era of so-called 'the Fourth Industrial Revolution', the Korean national innovation system(KNIS) should be re-established within the framework of the Constitution. In the post-industrial era, the pursuit of technological innovation system should based on individual freedom and creativity to the best in all areas of science, technology, politics, economy, society and culture. Therefore, renaissance of Article 5 of the constitutional Constitution is required for the KNIS, which had made 'Creativity' the basic character of the state along with 'Liberty and Equality'.

• Korean Journal of Labor Studies
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• v.19 no.1
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• pp.105-137
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• 2013

This paper proposes to examine the relationship between the two trade unions of Hyundai Motor Company (HMC) - those of the regular workers and of the in-house subcontract workers - around the issue of converting irregular workers to regular ones, which has been a social issue for a long time, and, furthermore, to find a desirable solution. The politics of the in-house subcontracting rotate around three axes: the conflictive collusion between the company and the regular workers'union regarding the internal labor market; the exclusion and resistance between the company and the subcontract workers'union; and the solidaristic conflict relationship between the two unions. After the final decree by the supreme court in 2012 the conflict and collusion/solidarity relationship of the three social actors have been amplified in scale - the continuous limping of the special bargaining between the company and the unions, the intensified conflict between the company and the subcontract workers'union, and the crisis of the collusion between the branches of the two unions are all evidence of this. A clue to the solution to the issues of in-house subcontracting in HMC can be found through reestablishment of the relationship among the three actors. In order to solve the in-house subcontracting issues in HMC, phased and lawful switching from irregular to regular positions, improvement of working conditions for the irregular workers, integration of the two unions (realization of 'one company one union'), and negotiated flexibility in the internal labor market will be required. Also to be considered are installation of a special committee for the issue, and utilization of external consultants. The result would be the possibility for the corporate labor market of HMC to be composed of regular workers, legal contract workers and directly-employed contract workers, which could be realized through bilateral relations of 'the labor and management conflict partnership'.

• Journal of Legislation Research
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• no.44
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• pp.33-62
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• 2013

In this paper, the consolidation of ICT basic legislation and ICT special legislation concerning "Ministry of Science, ICT and Future Planning" and "Korea Communications Commission" which came on the back of governmental reorganization in recent years is discussed in the theoretical and practical aspect. Development of "data communication technology" innovatively changed the method of livelihood of mankind, the emergence of network under global dimension provided financial social benefit and posed a challenge and a threat at the same time. Form digital revolution human kind can expect to receive many important blessings. Nevertheless, there are many advantages of development of technology by digital revolution, cyberspace like online media, internet etc. has realistically many problems that must be solved. To maximum positive aspects like the expansion of freedom of expression and creating plan of economy by the advance of transmission technology is needed. And to minimize side effects of informatization is required more. The First, Special Act on ICT has an adaptation in normative standardization to be fit in media convergence beyond convergence of broadcasting and telecommunications. Henceforth, there must be established a legal basis for the achievement of protection of economic evolution and freedom of speech in digital media, information, communication technology and content development. The second, the government action is to accomplish economic development and freedom of information in structural aspect of norm. Therefore minimizing normative problem by reorganization of organization remains clearly unresolved in politics. The third, Special Act on ICT must be basic law covering info-communications field, pay telecommunication and media contents field. The forth, from a technical point of view, net neutrality, conflict of interest for digital content and so on can be fixed easily. Special Act on ICT must not only pursuit of development of industry. Special Act on ICT and pursuit of enhancing quality of life of people and preparing program to promote democratization. From now on, we need to make powerful nation of information& communications technology and in information human rights protection field got to be one step ahead of others with reference to appear all the various aspects must be brought together in the discussion of legislation process of Special Act on ICT.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.169-189
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• 2006

In 2007, KSLV(Korea Small Launching Vehicle) that we made at Goheung National Space Center is going to launch and promotes of our space exploration systematically and 'Space Exploration Promotion Act' was enter into force. 'Space Exploration Promotion Act' article 3, section 1, as is prescribing "Korean government keeps the space treaties contracted with other countries and international organizations and pursues after peaceful uses of outer space." The representative international treaties are Outer Space Treaty (1967) and Liability Convention (1972) etc. In Liability convention article 2, "A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The important content of the art. 2 is the responsible entity is the 'State' not the 'Company'. According by Korean Space Exploration Act art. 14, person who launches space objects according to art. 8 and art. 11 must bear the liability for damages owing to space accidents of the space objects. Could Korean government apply the Products Liability Act which is enter into force from July 1, 2002 to space launching person? And what is the contact type between Korea Aerospace Research Institute(KARl) and Russia manufacturer. Is that a Co-Development contract or Licence Product contract? And there is no exemption clause to waive the Russia manufacturer's liability which we could find it from other similar contract condition. If there is no exemption clause to the Russia manufacturer, could we apply the Korean Products Liability Act to Russia one? The most important legal point is whether we could apply the Korean Products Liability Act to the main component company. According by the art. 17 of the contract between KARl and the company, KARl already apply the Products Liability Act to the main component company. For reference, we need to examine the Appalachian Insurance co. v. McDonnell Douglas case, this case is that long distance electricity communication satellite of Western Union Telegraph company possessions fails on track entry. In Western Union's insurance company supplied to Western Union with insurance of $ 105 millions, which has the satellite regard as entirely damage. Five insurance companies -Appalachian insurance company, Commonwealth insurance company, Industrial Indemnity, Mutual Marine Office, Northbrook Excess & Surplus insurance company- went to court against McDonnell Douglases, Morton Thiokol and Hitco company to inquire for fault and strict liability of product. By the Appalachian Insurance co. v. McDonnell Douglas case, KARl should waiver the main component's product liability burden. And we could study the possibility of the adapt 'Government Contractor Defense' theory to the main component company.

• Journal of Service Research and Studies
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• v.12 no.2
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• pp.1-22
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• 2022

This study was conducted based on the service philosophy as a study to capitalize on the wisdom of Korea and Koreans. This is a study that capitalizes on the wisdom of the founding president who led civilization changes in Korea. Wisdom as a visionary leader who played a leading role in Korea's development from a continental civilization to a maritime civilization was derived. We analyzed the wisdom of the founding president, who established the Republic of Korea with a new identity as a liberal democracy and protected it, and laid the foundation for Korea to leap into an advanced country through legal system reform and human resource development. First, we analyzed the essence of politics and presented the essential tragic nature that visionary leaders must bear as politicians. We also analyzes his courage and belief to accept a tragic fate, the insights on the spirit of independence, anti-communism, liberal democracy and the future. We analyze the wisdom as a visionary leader that is consistently revealed through countless choices and decisions to give up. It suggests that such wisdom is essential for the founding and development of a nation, and the wisdom need to be assetized. It needs a solid philosophical foundation to become a useful wisdom asset in the long run. In this study, Syngman Rhee's wisdom was assetized on the basis of the service philosophy. This is because it is wisdom based on the fiercely symmetrical balance principle. Human resource development was a choice that entailed great sacrifice, the market economy was a choice that entailed great sacrifice, and the protection of liberal democracy was also a choice that entailed great sacrifice, so it can be said that it is wisdom that fits the essence of the service philosophy. It is wisdom found only in outstanding visionary leaders. We present the wisdom of building a free democratic country, the wisdom of building a free market economy, and the wisdom of building a talent-oriented nation as assets in terms of national management philosophy, national management owner, time frame, and strategic asset. It also suggests that visionary leaders are continuously required for the long-term sustainable development of mankind and Korean society.

• KDI Journal of Economic Policy
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• v.34 no.3
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• pp.95-131
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• 2012

This study examines whether the executive turnover and the executive resignation during the term of office affect the performance of Korean state-owned enterprises. The executive turnover in the paper means the comprehensive change of the executives which includes the change after the term of office, the change after consecutive terms and the change during the term of office. The 'resignation' was named for the executive change during the term of office to distinguish from the executive turnover. The study scope of the paper is restrained to the comprehensive executive change itself irrespective of the term of office and the resignation during the term of office. Therefore the natural change of the executive after the term of office or the change after consecutive terms is not included in the study. Spontaneous resignation and forced resignation are not distinguished in the paper as the distinction between the two is not easy. The paper uses both the margin of return on asset and the margin of return on asset adjusted by industry as proxies of the performance of state-owned enterprises. The business nature of state-owned enterprise is considered in the study, the public nature not in it. The paper uses the five year (2004 to 2008) samples of 24 firms designated as public enterprises by Korean government. The analysis results are as follows. First, 45.1% of CEOs were changed a year during the sample period on the average. The average tenure period of CEOs was 2 years and 3 months and 49.9% among the changed CEOs resigned during the term of office. 41.6% of internal auditors were changed a year on the average. The average tenure period of internal auditors was 2 years and 2 months and 51.0% among the changed internal auditors resigned during the term of office. In case of outside directors, on average, 38.2% were changed a year. The average tenure period was 2 years and 7 months and 25.4% among the changed internal directors resigned during the term of office. These statistics show that numerous CEOs resigned before the finish of the three year term in office. Also, considering the tenure of an internal auditor and an outside director which diminished from 3 years to 2 years by an Act on the Management of Public Institutions (applied to the executives appointed since April 2007), it seems most internal auditors resigned during the term of office but most outside directors resigned after the end of the term. Secondly, There was no evidence that the executives were changed during the term of office because of the bad performance of prior year. On the other hand, contrary to the normal expectation, the performance of prior year of the state-owned enterprise where an outside director resigned during the term of office was significantly higher than that of other state-owned enterprises. It means that the clauses in related laws on the executive dismissal on grounds of bad performance did not work normally. Instead it can be said that the executive change was made by non-economic reasons such as a political motivation. Thirdly, the results from a fixed effect model show there were evidences that performance turned negatively when CEOs or outside directors resigned during the term of office. CEO's resignation during the term of office gave a significantly negative effect on the margin of return on asset. Outside director's resignation during the term of office lowered significantly the margin of return on asset adjusted by industry. These results suggest that the executive's change in Korean state-owned enterprises was not made by objective or economic standards such as management performance assessment and the negative effect on performance of the enterprises was had by the unfaithful obeyance of the legal executive term.