• Journal of the Daesoon Academy of Sciences
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• v.35
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• pp.427-476
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• 2020

Park Wudang formally registered Daesoon Jinrihoe in 1969. While it shares ideas and history with other Jeungsanist groups, this paper argues that its organizational profile is unique. The two major institutional structures, the bonbu (headquarters) and the bangmyeon (branch) have together created space for the rapid development of this Korean new religion. The bonbu is a centralized hierarchy, while the bangmyeon exhibits the strong loyalty and cohesiveness of the clan. Running throughout both structural forms is the lineage concept, which is conceived here as an articulating paradigm able to operate in different organizational forms. This finely-balanced institutional structure makes a major contribution to Daesoon Jinrihoe's ability to fulfill its religious mission. The first side of this balance is the headquarters, which includes the core organization based in Yeoju as well as some outside temples and training centers. All of these were established under the direction of the Lord of Principle, the Dojeon, Park Wudang. Park Wudang also fixed the Dao Constitution, the Doheon, which serves as a blueprint for governance. From the Central Council to the various institutions for propagation, guidance, and auditing, current management practices conform closely to Park Wudang's organization vision. The second aspect of Daesoon Jinrihoe's organization is the branch structure. The larger branches, such as Yeongwol and Geumreung, are complex organizations in their own rights. The paper concludes by characterizing the two major axes of headquarters and branch as organizational types. Using Robert Quinn and Kim Cameron's institutional typology, the paper concludes that the bonbu is a classic centralized hierarchy with its focus on efficiency. The bangmyeon, in contrast, with its high level of group identity and spirit, comes approximates the clan institutional structure.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.3-35
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• 2016

The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.

• 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.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.31-64
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• 2015

The Chicago Convention and Annexes have become the basis of aviation safety regulations for every contracting state. Generally, aviation safety regulations refer to the SARPs provided in the Annexes of the Chicago Convention. In order to properly reflect international aviation safety regulations, constant studies of the aviation fields are of paramount importance. Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea. Each contracting state to the Chicago Convention should meet ICAO SARPs about AOC and FAOC. According to ICAO SARPs, Civil Aviation Authorities shall issue AOC to air carriers of the state, but don't require to issue for foreign air carrier. However some contracting states of the Chicago Convention issue FAOC and/or Operations Specifications for the foreign operators. This FAOC is being expanded from USA to the other contracting states. Foreign operators have doubly burden to implement AOC of the ICAO SARPs because FAOC is an additional requirement other than that prescribed by the ICAO SARPs In Article 33, the Chicago Convention stipulates that each contracting state shall recognize the validity of the certificates of airworthiness and licenses issued by other contracting states as long as they are equal to or above the minimum standards of the ICAO. In ICAO Annex 6, each contracting state shall recognize as valid an air operator certificate issued by another contracting state, provided that the requirements under which the certificate was issued are at least equal to the applicable Standards specified in this Annex. States shall establish a programme with procedures for the surveillance of operations in their territory by a foreign operator and for taking appropriate action when necessary to preserve safety. Consequently, it is submitted that the unilateral action of the states issuing the FAOC to the foreign air carriers of other states is against the Convention. Hence, I make some proposals on the FAOC as an example of comprehensive problem solving after comparative study with ICAO SARPs and the contracting state's regulations. Some issues must be improved and I have made amendment proposals to meet ICAO SARPs and to strengthen aviation development. Operators should be approved by FAOC at most 190 if all states require FAOC. Hence, it is highly recommended to eliminate the FAOC or reduce the restrictions it imposes. In certain compliance-related issues, delayed process shall not be permitted to flight operations. In addition, it is necessary for the ICAO to provide more unified and standardized guidelines in order to avoid confusion or bias regarding the arbitrary expansion of the FAOC. For all the issue mentioned above, I have studied the ICAO SARPs and some state's regulation regarding FAOC, and suggested some proposals on the FAOC as an example of comprehensive problem solving. I hope that this paper is 1) to help understanding about the international issue, 2) to help the improvement of korean aviation regulations, 3) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.12
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• pp.77-87
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• 1972

The fruiting phase of rape under transplanting and direct-sowing conditions has been studied at Mokpo during the 2 years period from 1970 to 1971. Two varieties, Yudal and Miyuki were used in this study. The planting space and sowing time were also incorporated into this study. The results could be summarized as follows: 1. The plant tape of rape was nearly umbrella-shaped of all, but has changed to the laid elliptical-shaped, broadly ovate and spindle-shaped under different varieties and cultural conditions in the plant diagram(Fig. 2). 2. The length of the primary branches for each nodes had a tendency to the symmetric apical curve with the apex at the upper 10-12th node in the transplanting. but to the upper bias apical curve with the apex at the upper 5-7th node in the dense-sowing(Fig.3). 3. The ear of main stem was longer, more pods, heavier 1, 000 grains and more grain yield than ear of primary branches of all, Especially, as for that, the rate of yield constitution per plant in the direct-sowing was higher than in the transplanting(Fig. 4, 5, 6, 7, 8, 9). 4. The ear-length of the primary branches for each nodes had a tendency to the relatively slowly apical curve with the apex at the upper 3-4th node in the transplanting, but to the lower bias apical curve with the apex at the upper 2nd node in the dense-sowing. Especially, the possibility of growth at the lower ears was few in the early variety (Fig. 4). 5. The number of pod per ear on the primary branches for each nodes had a .tendency to the curve of ear-length with the apex at the upper 5-8thnode in the transplanting and at the upper 4-5th node in the dense-sowing (Fig. 5). Accordingly, a high positive correlation was found between the ear-length and number of pod per ear (Table 2) 6. In the transplanting, the high rate of effective ear was from the upper nods to the 12th node, but below the 16-17th nodes was ineffective. However, in the early dense-sowing the high rate of effective was to the 7th node. but below the 10th nodes was. ineffective. Especially, in the early variety has difficult to secure of poi-numbers for ineffective of the lower nodes(Fig. 6.). 7. The density of pod setting of the ear of main stem was the longest of all ears, and the lower nods were, the shorter it became. That had a tendency to the evidently apical growth. However. in the early variety, it was lengthened according to growth of ear-length(Fig.7). 8. The pod-length of the medium nodes was longer than the upper and lower, and the possitive correlation between pod-length and number of grain per poi was very high(Table 2.). 9. In the grain yield per node of primary branches, the most yielding node of transplanting was the upper 9th node, of dense-sowing 4-5th node(Fig 8.), and the possitive correlation between grain yield per node and ear-length or number of pod per ear was very high(Table 2). 10. The grain yield of ear of main stem was higher than that of primary branches in the percentage of dependence for grain yield per plant. The limint node of 50% of dependence to cumulative grain yield per plant was the upper 7-8th node in tranplanting, in the early dense-sowing 4-5th node, and in tke late dense-sowing-3th node(Fig. 9). 11. In the weight of 1, 000 grains the lower nodes were, the lighter it becames in dense-sowing. Therefore, this was also lighter than in the transplanting to the (Fig. 10.). 12. The oil content of grain at the medium nodes was low in the early variety, but at the ear of main stem and upper 1st node it was extremely high(Fig. 11.).