• Title/Summary/Keyword: Legitimacy

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A Study Concerning the Background of Formation in Deleuze's System (들뢰즈 체계의 형성 배경에 대한 연구 - 칸트 선험철학 체계 그 심연으로부터의 역류 -)

  • Kim, Dae-hyeon
    • Journal of the Daesoon Academy of Sciences
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    • v.37
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    • pp.329-355
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    • 2021
  • The objective of this paper is to reveal that the formation of Deleuze's system is a result of a back flow of the 'ideal of pure reason' in Kant's system. I will try to seize upon the keyword in his main book, Difference and Repetition, and examine the aspect of mutual transformation between Deleuze's transcendental empiricism and Kant's transcendentalism. When analyzing Deleuze's system, most researchers tend to focus on anti-Hegelianism, but it is proper that Kant be adopted as the start when tracing the way of deployment directly. Fundamentally, Deleuze is different from Hegel in his approach to observing entire ground of thought. Even if Deleuze surely has the capability of becoming in the dialectical context, his systemic environment wherein dialectics is applied is different even at the onset. While Hegel follows the way of origin and copy or a system that begins from a preceding point of origin, Deleuze follows a way of copy and recopy or a system that begins without a point of origin. This characteristic of Deleuze's system originates directly from idealistic play. In fact, we can anticipate and identify in his book that he refers to Kant who accepted the tradition of empiricism. Therefore, the main contents of this paper is to present an overview of Kant's influence on Deleuze's system. While tracing ideas back to Kant's system, the cohabitation of empiricism and rationalism, which Kant felicitously revoiced, there emerges a definitude of world recognition. This occurs through cohabitation, and this is both deconstructed and integrated by Deleuze, and therein definitude is turned into a vision of prosperity. To the vision of prosperity that spans definitude to recognition, a philosopher has the right to select a philosophical system because selection methodology in philosophy is not a problem of legitimacy so much as the needs of the times. Deleuze's choice resulted in the opening of pandora's box in an abyss and secret contents have in turn risen sharply.

The Concept of 'Risk' and the Proportionality Review of Infectious Disease Prevention Measures (감염병 팬데믹에서의 '리스크' 개념과 방역조치에 대한 비례성 심사의 구체화 -집합제한조치에 대한 국내외 판결을 중심으로-)

  • You, Kihoon
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.139-207
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    • 2022
  • As various state restrictions on individual freedom were imposed during the COVID-19 pandemic, concerns have been raised that excessive infringements on fundamental rights were indiscriminately permitted based on the public interest of preventing infectious diseases. Therefore, the question of how to set acceptable limits of liberty restrictions on individuals has emerged. However, since the phenomenon of infections spreading to the population is only predicted statistically, how to deal with the risk of the infected individual as a subject of legal analysis has become a problem. In the absence of a theoretical framework of legal analysis of risk, the risk of infected individuals during the pandemic was not analyzed strictly, and proportionality review of infection prevention measures was often only an abstract comparison of the importance of public interest and individual rights. Therefore, this research aims to conduct a theoretical review on how risk can be conceptualized legally in a public health crisis, and to develop a theoretical framework for proportionality review of the risk of liberty-limiting measures during a pandemic. Chapter 2 analyzes the legal philosophical concepts of risk, which are the basis for liberty restrictions during a public health crisis, and applies and extends them to the pandemic. Chapter 3 reviews previous studies related to liberty restriction measures in the context of the COVID-19 pandemic, and points out they have a limitation that specific criteria for the proportionality review of public health measures in the pandemic have not been presented. Accordingly, Chapter 3 specifies the methodological framework for proportionality review, referring to the theoretical discussion on risks in Chapter 2. Chapter 4 reviews the legitimacy of gathering restriction orders, applying the theoretical discussion in Chapter 2 and the criteria for proportionality review established in Chapter 3. In particular, Section 4 examines logic of proportionality review in judicial precedents over the ban on gathering restrictions implemented in the COVID-19 pandemic. In analyzing the precedents, the logic of proportionality review in each case is critically reviewed and reconstructed based on the theoretical framework presented in this research.

A Study on Dosu Theory in Daesoon Thought (대순사상의 도수론(度數論) 연구)

  • Park, In-gyu
    • Journal of the Daesoon Academy of Sciences
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    • v.28
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    • pp.207-241
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    • 2017
  • In the scripture of Daesoon Jinrihoe, the expression 'Dosu (度數)' is frequently used and Jeungsan, Jeongsan, and Wudang also left behind many teachings related to Dosu. In this paper, the concept of Dosu is analyzed in detail and the achievement of an in-depth understanding of the concept of Dosu is attempted. The term Dosu is often used in traditional literature. In the classics, Dosu was used to mean institutions, standards, rules, law, figures, and the laws of heavenly bodies. In other words, Dosu is used to mean the laws of astronomy and the norms of human society. This meaning is expanded and used as the principle of the universe and nature. This concept of Dosu is related to the mathematical cosmological understanding of numbers as the principle of the universe. This type of mathematical cosmology was systematized by Shao Yong (邵雍). In the Joseon Dynasty, Seo Gyungduk (徐敬德) accepted it positively, and it thereby became an influential trend in Korean thought. In the world view of Daesoon thought, there exists the view that numbers as a principle of the universe, and of course this world view is connected to mathematical cosmology. In Daesoon thought, the concept of Dosu is based on the concept of traditional Dosu and adds an additional meaning which connects it to the Reordering of the Universe (Cheonjigongsa). Also, Dosu is used to mean the process of changing the principles and laws of cosmos through Jeungsan's Reordering of the Universe. It is especially the case that discourse about Dosu is widely used when describing the Reordering of the Universe. Jeungsan corrected, reorganized, and adjusted Dosu, as well as establishing new Dosu. Jeongsan, who succeeded Jeungsan, followed the Reordering of the Universe by Jeungsan, and also realized Dosu. In other words, Jeongsan acted and practiced according to the Dosu that had been enacted by Jeungsan. Also, Dosu means the process of the transformation of principle according to the Reordering of the Universe, and Wudang used the concept of Dosu to describe the historical process of Daesoon Jinrihoe. This means that the foundation of Mugeukdo, the change to Taegukdo, the establishment of Daesoon Jinrihoe, and the contruction of Yeoju headquarters are episodes in a divine history carried out through Dosu. Through this discourse, Daesoon Jinrihoe asserts a legitimacy that distinguishes itself from other sects, and believers can be inspired by the sacred meaning that they are participating in the Dosu of heaven and earth. This empowers their devotion and sincerity.

The Composition and Performance of Suryukjae (수륙재의 구성과 연행 -진관사 수륙재를 중심으로)

  • Hong, Teahan
    • (The) Research of the performance art and culture
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    • no.23
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    • pp.347-368
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    • 2011
  • This article is a review of the composition pattern of Suryukjae, which is one of the Buddhist ceremonies, and a consideration of the performance process. As one of the ceremonies leading the dead to heaven performed in the Buddhist circle, Suryukjae had been performed in Buddhist temples nationwide, but currently, it remains only in several Buddhist temples. Suryukjae is composed as follows. First, the early part of Suryukjae is a stage of preparing Suryukjae and ensuring legitimacy; thus, it has no detailed Jaecha except for Gwanyok. It is made up of Onghoge and Dage, has no Somun, and is centered on Yojabbara. The middle part of Suryukjae is a part in which Suryukjae is performed on a full-scale, which wishes the achievement of the goal of Suryukjae. It is made up of Geobul, Dage, and Somun, and is centered on Sadaranibara. Furthermore, this part delineates the flow of the Jaecha concerned as it contains detailed Jaecha. Meanwhile, in the middle part of Suryukjae, there is only detailed Jaecha called Sajadanman Bongsong (sending off), and the rest parts including Orodan, upper part, middle part, and lower part, in which there is no detailed Jaecha called Bongsong. The fact that there is no Bongsong in this part means all Bongsong is made in Heuihyang Bongsong, which is the last Jaecha. This implies that Saja, which is enshrined in Sajadan, is the essence of the achievement of the goal of Suryukjae. Only when there is Saja, Muju, Yuju, and Gohon (the meaning of all spirits) can be led to heaven. Also, from a rough perspective, this part is connected to other Chundojae (ceremony for sending off the dead to heaven) in Korea. There is a geori(Jaecha) that calls in Saja also in Jinogigut (exorcism) of Seoul. Then, although various gods from the otherworld are coming in in succession, to which Saja enters clearly shows a process in that Saja returns to the next world with the dead through . Just as demonstrates a process in that Saja returns to the next world with the dead in Jinogigut, also in Suryukjae, Saja needs to return to the next world with Gohon; therefore, at least Sajadan has detailed Jaecha called Bongsong. That is, this means that although Suryukjae of Buddhism is different from other Chundojae in terms of the composition of Jaecha, its notion about Saja is the same.

A Study on the Meanings of Daesoonjinrihoe Gangseong Sangje's Divinity (대순진리회 강성상제의 신격과 그 의미 - 강성(姜聖)의 의미를 중심으로 -)

  • Ko, Nam-sik
    • Journal of the Daesoon Academy of Sciences
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    • v.22
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    • pp.1-32
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    • 2014
  • This paper is searching the meaning of Gangseong(姜聖) which came from Gucheon Sangje(九天上帝, the Lord and Creator of the Great Origin of the Ninth Heaven) incarnated in the Gang(姜) family. To study the meaning of Gangseong(姜聖), this paper concentrate on Maitreya(彌勒尊佛) and the sentence about Wonsibanbon(原始返本) Sangje's incarnation in the Gang's family appeared on term Gangseong in the middle of divinity terms(九天應元雷聲普化天尊姜聖上帝). Furthermore, Sangje's surname Gangseong(姜姓) has relation with Maitreya and the sentence about Wonsibanbon. What Maitreya has relation with Gangseong(姜聖) is the legendary poem that Maitreya Statue became complete woman(六丈金佛 化爲全女) and what Wensibanbon has relation with Gangseong is the fact that family name Gang is primary surname all over the world's human beings. Wonsibanbon comprises correction of family lineage and theocracy(政敎一致) which came from tracing and reviving the beginning. As a primary family name, Sangje's incarnation family name Gang plays a leading edge role of religious activity of Sangje because primary family name Gang represents the one and only Truth(眞法) or the principle of Wensibanbon which means the union[unity] of religion and politics(政敎一致), and combining saintliness and heroism (聖雄兼備). According to the one and only Truth(眞法) like this, the first emergence and role of the completely "DoTongKunJa" (道通君子, the perfection of man with Dotong) who Sang-Je declared will build the union[unity] of religion and politics shows realization of advance-oriented salvation. Under the principle of Yangsan(兩山, twin mountain, 甑山, 鼎山, the three-story Maitreya Statue of Geumsan Temple) which implies emergence of the completely "DoTongKunJa"(道通君子) who will accomplish the union[unity] of religion and politics(政敎一致), combining saintliness and heroism(聖雄兼備) and advent of the one and only Truth(眞法出現). This could be possible by the almighty of Sangje who incarnated in Gang's family name according to the principle of Wensibanbon from the text Jeonkyung(典經) as shown. Adjusting family lineage (血統) means to straighten out the relation between ancestors and descendants, and which has close relation with the activity after Sangje's incarnation in Gang's family name according to the principle of Wensibanbon. As far as family lineage was concerned, there are three aspects of close relation between ancestors and descendants. First, general connection between ancestors and descendants, Second Dotong(道通)-related connection, Third after -death entrance(冥府)-related connection. Descendants should know a family history from moral laws of family relationships(天倫) by the Compatibility principle. As for second Dotong-related connection between ancestors and descendants, the fact descendants' Dotong can be accomplished by the act of ancestors' charity shows human beings world(人間界) where descendants live has close organic relation with divine world(神明界) where ancestors live. As for third after-death entrance-related connection between ancestors and descendants, after-death entrance are totally related with both Heavenly order(天道) of ancestors and Humane-order(人道) of descendants. At this point, we can see the relation between ancestors and descendants are very close and organic. As shown from the text Jeonkyung, Sangje as Gucheon Sangje(九天上帝, the Lord and Creator of the Great Origin of the Ninth Heaven) and Maitreya(彌勒尊佛) has descended to the earth adopting Gang's family name according to principle Wensibanbon. By Sangje's incarnation in Gang's family name, the legitimacy of the religion and the perfection of Do could be successed under the law of Yangsan(兩山). Furthermore, Sangje realize the one and only Truth by Adjusting family lineage and producing the completely "true man" through Cheonji Gongsa.

Development of Social Entrepreneurship Multidimensional Model and Framework: Focusing on the Cooperation Orientation of Social Enterprises (사회적기업가정신 다차원 모형 및 프레임워크: 사회적기업의 협력지향성을 중심으로)

  • Cho, Han Jun;Sung, Chang Soo
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.18 no.2
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    • pp.1-20
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    • 2023
  • The purpose of this study is to identify the unique entrepreneurial behavioral attributes of social enterprises that are distinct from for-profit enterprises at the organizational level, derive a social entrepreneurship model that reflects the unique characteristics of social enterprises as strategic decision-making and organizational behavioral tendencies. In order to effectively achieve the purpose of this study, previous studies were reviewed, and qualitative studies were conducted using the grounded theory method based on this. In this study, social entrepreneurship was identified as five sub-factors through a series of analysis processes, and 'Social value orientation; Innovativeness; Pro-activeness; Risk taking; Cooperation orientation' was newly proposed. It also proposed a new social entrepreneurship framework that integrates and explains the multidimensional model of social entrepreneurship by reviewing and connecting the relationships between each sub-factor of the research model. The 'social entrepreneurship framework' classified the social entrepreneurship model into 'pro-social motivation', 'pro-social behavior', and 'entrepreneurial behavior' attributes and explained them by linking them with each sub-factor that constitutes social entrepreneurship. The most remarkable difference between this study and previous studies is that it identified and added 'Cooperation orientation' as a sub-factor constituting social entrepreneurship from the organizational-level behavioral point of view. Through this study, 'Cooperation orientation' was identified as a major behavioral tendency for social enterprises to materialize pro-social motivation, strengthen the economic foundation of business activities, and improve the efficiency of business operations. 'Cooperation orientation' is a major behavioral tendency that strengthens the legitimacy of business activities between pro-social motivation and profit-seeking of social enterprises, improves the performance of social value creation activities, and overcomes the difficulties of resource constraints through cooperation with the outside and improves operational efficiency. In addition, it was confirmed that 'Cooperation orientation' is a major behavioral tendency of social enterprises that is manifested simultaneously in social value-oriented activities and entrepreneurial activities pursuing profit. The 'Cooperation orientation' newly identified in the study supplements the previous research, increases the explanatory power of the theory of social entrepreneurship, and provides the basis for theoretical expansion to subsequent researchers.

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The Hybrid Organization's Response to Conflicting Institutional Demands: A Case Study about Social Ventures (하이브리드 조직의 모순 대응 전략 변화: 소셜벤처 노을과 에누마 사례를 중심으로)

  • Jin, Wooseok;Seong, Jieun
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.17 no.5
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    • pp.151-168
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    • 2022
  • Nowadays companies are required to achieve social goals beyond maximizing shareholder profits. Accordingly, it is important to pursue both the economic and social goals of a company at the same time. Thus the importance of hybrid organizations is increasing theoretically and practically. In particular, since hybrid organizations essentially have the complexity of pursuing both economic and social purposes, the institutional demands of various stakeholders surrounding hybrid organizations are also conflicting. Several previous studies have considered how hybrid organizations respond to these conflicting institutional demands, but most studies are limited to studying at a specific point in time. As a result, there was a limit to analyzing the dynamics in response to conflicting institutional demands as the hybrid organization expanded its business. This study predicted that the hybrid organization would take selective coupling with conflicting institutional demands and that the process of responding to institutional demands would change according to the organization's growth. In this study, we had a case study about Noul and Enuma, social ventures that operate relatively advanced business models with outstanding results in innovation and technology. As a result, social ventures show a selective coupling for conflicting institutional demands, and the selective coupling process changes as their business model are advanced. Specifically, in the early stages of the business, it appears to respond to economic and social demands at the same time with a single business model. When the business is advanced, two or more business models are operated, some of which respond to economic needs and some of which respond to social needs. In the early stages of business, social ventures respond to economic and social demands with a single business model to gain legitimacy and survive in the institutional demands. But when they enter the business growth period, they try to separate business models which respond to economic and social values because they pursue sustainable growth and challenge large-scale missions. Overall, this study attempted to contribute to an in-depth understanding of hybrid organizations by identifying that the method of responding to conflicting institutional demands varies depending on the growth process of social ventures.

A Study on the Standardization and Diversification of Chinese Biographies of the Eminent Monks in the 7th and 8th Century (7~8세기 중국 고승전의 정형화와 다양화)

  • Jung Chun-koo
    • Journal of the Daesoon Academy of Sciences
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    • v.48
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    • pp.305-335
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    • 2024
  • In the 7th and 8th centuries, Chinese Buddhism was at its peak, and major sects emerged and began to differ from one another in significant ways. This fact was also revealed through several versions of Biographies of the Eminent Monks and changes observable in the peculiarity of their formats. In the early 6th century, Huijiao (慧皎) compiled Gaosengzhuan (高僧傳, Biographies of Eminent Monks) which contains the history of Buddhism after it was introduced to China. At this time, he established a new format called the ten-subjects (十科). In 645, Daoxuan (道宣) used these ten-subjects as the basic framework to compile Xu-Gaosengzhuan (續高僧傳). However, by modifying and supplementing some parts of the ten-subjects, he standardized the ten-subjects into a format suitable for historiography. After the Xu-Gaosengzhuan, several versions of Biographies of the Eminent Monks were compiled in a format that further modified the ten-subjects. Fazang (法藏) wrote Huayanjing zhuanji (華嚴經傳記, 690?) which consisted of the ten-subjects, but the names and meanings of the subjects changed significantly to emphasize the Avatamsaka philosophy. Subsequently, while compiling Hongzan fahuazhuan (弘贊法華傳, 706?), Huixiang (惠詳) compiled a newly modified list of eight-subjects based on the ten-subjects of Gaosengzhuan and Xu-Gaosengzhuan. Sengxiang (僧詳) compiled Fahua xhuanji (法華傳記, 750?) in the format of twelve-subjects which added two new subjects to the ten-subjects of the Huayanjing zhuanji. These two formats focused on faith rather than philosophy. Even in the Chan (Zen) schools, a series of Biographies of the Eminent Monks was compiled from the beginning of the 8th century. Chuan fabaoji (傳法寶紀, 713?), Lengqui shiziji (楞伽師資記, 713?), Lidai fabaoji (歷代法寶記, 774), and Baolin zhuan (寶林傳, 801) are all examples of such compilations. However, the format of these four Biographies of the Eminent Monks was completely different from prior versions. Without setting any subjects, the authors established and described a dharma lineage transmitted continually from master to disciple. This is because Chan Buddhism does not rely on Buddhist texts but focuses on monks achieving realization through other means. At first, only the Chinese patriarchs were listed, but starting with Baolin zhuan, 27 patriarchs including Buddha and Kasyapa were included in the dharma lineage and presented as history. This fictional lineage was based on the need to secure sectarian superiority and legitimacy as Chan Buddhism flourished.

A Study on Public Interest-based Technology Valuation Models in Water Resources Field (수자원 분야 공익형 기술가치평가 시스템에 대한 연구)

  • Ryu, Seung-Mi;Sung, Tae-Eung
    • Journal of Intelligence and Information Systems
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    • v.24 no.3
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    • pp.177-198
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    • 2018
  • Recently, as economic property it has become necessary to acquire and utilize the framework for water resource measurement and performance management as the property of water resources changes to hold "public property". To date, the evaluation of water technology has been carried out by feasibility study analysis or technology assessment based on net present value (NPV) or benefit-to-cost (B/C) effect, however it is not yet systemized in terms of valuation models to objectively assess an economic value of technology-based business to receive diffusion and feedback of research outcomes. Therefore, K-water (known as a government-supported public company in Korea) company feels the necessity to establish a technology valuation framework suitable for technical characteristics of water resources fields in charge and verify an exemplified case applied to the technology. The K-water evaluation technology applied to this study, as a public interest goods, can be used as a tool to measure the value and achievement contributed to society and to manage them. Therefore, by calculating the value in which the subject technology contributed to the entire society as a public resource, we make use of it as a basis information for the advertising medium of performance on the influence effect of the benefits or the necessity of cost input, and then secure the legitimacy for large-scale R&D cost input in terms of the characteristics of public technology. Hence, K-water company, one of the public corporation in Korea which deals with public goods of 'water resources', will be able to establish a commercialization strategy for business operation and prepare for a basis for the performance calculation of input R&D cost. In this study, K-water has developed a web-based technology valuation model for public interest type water resources based on the technology evaluation system that is suitable for the characteristics of a technology in water resources fields. In particular, by utilizing the evaluation methodology of the Institute of Advanced Industrial Science and Technology (AIST) in Japan to match the expense items to the expense accounts based on the related benefit items, we proposed the so-called 'K-water's proprietary model' which involves the 'cost-benefit' approach and the FCF (Free Cash Flow), and ultimately led to build a pipeline on the K-water research performance management system and then verify the practical case of a technology related to "desalination". We analyze the embedded design logic and evaluation process of web-based valuation system that reflects characteristics of water resources technology, reference information and database(D/B)-associated logic for each model to calculate public interest-based and profit-based technology values in technology integrated management system. We review the hybrid evaluation module that reflects the quantitative index of the qualitative evaluation indices reflecting the unique characteristics of water resources and the visualized user-interface (UI) of the actual web-based evaluation, which both are appended for calculating the business value based on financial data to the existing web-based technology valuation systems in other fields. K-water's technology valuation model is evaluated by distinguishing between public-interest type and profitable-type water technology. First, evaluation modules in profit-type technology valuation model are designed based on 'profitability of technology'. For example, the technology inventory K-water holds has a number of profit-oriented technologies such as water treatment membranes. On the other hand, the public interest-type technology valuation is designed to evaluate the public-interest oriented technology such as the dam, which reflects the characteristics of public benefits and costs. In order to examine the appropriateness of the cost-benefit based public utility valuation model (i.e. K-water specific technology valuation model) presented in this study, we applied to practical cases from calculation of benefit-to-cost analysis on water resource technology with 20 years of lifetime. In future we will additionally conduct verifying the K-water public utility-based valuation model by each business model which reflects various business environmental characteristics.

The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.