• Title/Summary/Keyword: economic integration

Search Result 697, Processing Time 0.024 seconds

Proposed Sustainability Risk Framework through the Analysis of Advanced Donor Countries' International Development Cases (선진 공여국의 국제개발 사례 분석 기반 지속가능성 리스크 프레임워크 제안)

  • Lee, Kyung-Tae;Kim, Ju-Hyung
    • Korean Journal of Construction Engineering and Management
    • /
    • v.24 no.6
    • /
    • pp.12-23
    • /
    • 2023
  • The goal of international development projects is to assist sustainable development in recipient countries through foreign aid from donor countries. However, despite the need for both countries to negotiate and work together from the initial stages to maintain sustainability after the project, clear guidelines or standards have not been established. Additionally, despite the need for donor countries, which are relatively advanced, to understand the situation of recipient countries, many projects are donor-centric and fail to prioritize the value of sustainability. Therefore, this study extracted economic, social, and environmental risks that threaten sustainability through literature review and proposed a sustainability framework based on these criteria. To validate framework, actual international development cases conducted by advanced donor countries such as Australia, the United States, and Japan, in collaboration with South Korea, were analyzed by applying content analysis with the reports, which covers the overall contents from the planning stage to the operation stage. Analysis of sustainability perspectives focused on economy, society and the environment, advanced donor countries emphasized (1) the importance of pre-assessment, (2) the need for coordination with the local population and communities despite the existence of donor-specific values, and (3) addressing economic considerations such as pre-operational and maintenance costs, social communication with the local population, and environmental considerations starting from the initial stages of construction regarding the treatment of pollutants as values to be improved. Compared to other advanced donor countries, the Republic of Korea should also focus on consultation with local residents to achieve social integration, and improve sustainability by deployment the managers in local sites for better negotiation.The proposed framework in this study will serve as a tool to enhance communication among the countries and the locals, with the expectation of increasing project efficiency and sustainability.

Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.18
    • /
    • pp.9-39
    • /
    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

  • PDF

Multi-level Analysis of the Antecedents of Knowledge Transfer: Integration of Social Capital Theory and Social Network Theory (지식이전 선행요인에 관한 다차원 분석: 사회적 자본 이론과 사회연결망 이론의 결합)

  • Kang, Minhyung;Hau, Yong Sauk
    • Asia pacific journal of information systems
    • /
    • v.22 no.3
    • /
    • pp.75-97
    • /
    • 2012
  • Knowledge residing in the heads of employees has always been regarded as one of the most critical resources within a firm. However, many tries to facilitate knowledge transfer among employees has been unsuccessful because of the motivational and cognitive problems between the knowledge source and the recipient. Social capital, which is defined as "the sum of the actual and potential resources embedded within, available through, derived from the network of relationships possessed by an individual or social unit [Nahapiet and Ghoshal, 1998]," is suggested to resolve these motivational and cognitive problems of knowledge transfer. In Social capital theory, there are two research streams. One insists that social capital strengthens group solidarity and brings up cooperative behaviors among group members, such as voluntary help to colleagues. Therefore, social capital can motivate an expert to transfer his/her knowledge to a colleague in need without any direct reward. The other stream insists that social capital provides an access to various resources that the owner of social capital doesn't possess directly. In knowledge transfer context, an employee with social capital can access and learn much knowledge from his/her colleagues. Therefore, social capital provides benefits to both the knowledge source and the recipient in different ways. However, prior research on knowledge transfer and social capital is mostly limited to either of the research stream of social capital and covered only the knowledge source's or the knowledge recipient's perspective. Social network theory which focuses on the structural dimension of social capital provides clear explanation about the in-depth mechanisms of social capital's two different benefits. 'Strong tie' builds up identification, trust, and emotional attachment between the knowledge source and the recipient; therefore, it motivates the knowledge source to transfer his/her knowledge to the recipient. On the other hand, 'weak tie' easily expands to 'diverse' knowledge sources because it does not take much effort to manage. Therefore, the real value of 'weak tie' comes from the 'diverse network structure,' not the 'weak tie' itself. It implies that the two different perspectives on strength of ties can co-exist. For example, an extroverted employee can manage many 'strong' ties with 'various' colleagues. In this regards, the individual-level structure of one's relationships as well as the dyadic-level relationship should be considered together to provide a holistic view of social capital. In addition, interaction effect between individual-level characteristics and dyadic-level characteristics can be examined, too. Based on these arguments, this study has following research questions. (1) How does the social capital of the knowledge source and the recipient influence knowledge transfer respectively? (2) How does the strength of ties between the knowledge source and the recipient influence knowledge transfer? (3) How does the social capital of the knowledge source and the recipient influence the effect of the strength of ties between the knowledge source and the recipient on knowledge transfer? Based on Social capital theory and Social network theory, a multi-level research model is developed to consider both the individual-level social capital of the knowledge source and the recipient and the dyadic-level strength of relationship between the knowledge source and the recipient. 'Cross-classified random effect model,' one of the multi-level analysis methods, is adopted to analyze the survey responses from 337 R&D employees. The results of analysis provide several findings. First, among three dimensions of the knowledge source's social capital, network centrality (i.e., structural dimension) shows the significant direct effect on knowledge transfer. On the other hand, the knowledge recipient's network centrality is not influential. Instead, it strengthens the influence of the strength of ties between the knowledge source and the recipient on knowledge transfer. It means that the knowledge source's network centrality does not directly increase knowledge transfer. Instead, by providing access to various knowledge sources, the network centrality provides only the context where the strong tie between the knowledge source and the recipient leads to effective knowledge transfer. In short, network centrality has indirect effect on knowledge transfer from the knowledge recipient's perspective, while it has direct effect from the knowledge source's perspective. This is the most important contribution of this research. In addition, contrary to the research hypothesis, company tenure of the knowledge recipient negatively influences knowledge transfer. It means that experienced employees do not look for new knowledge and stick to their own knowledge. This is also an interesting result. One of the possible reasons is the hierarchical culture of Korea, such as a fear of losing face in front of subordinates. In a research methodology perspective, multi-level analysis adopted in this study seems to be very promising in management research area which has a multi-level data structure, such as employee-team-department-company. In addition, social network analysis is also a promising research approach with an exploding availability of online social network data.

  • PDF

Computational Fluid Dynamics Study of Channel Geometric Effect for Fischer-Tropsch Microchannel Reactor (전산유체역학을 이용한 Fischer-Tropsch 마이크로채널 반응기의 채널 구조 영향 분석)

  • Na, Jonggeol;Jung, Ikhwan;Kshetrimayum, Krishnadash S.;Park, Seongho;Park, Chansaem;Han, Chonghun
    • Korean Chemical Engineering Research
    • /
    • v.52 no.6
    • /
    • pp.826-833
    • /
    • 2014
  • Driven by both environmental and economic reasons, the development of small to medium scale GTL(gas-to-liquid) process for offshore applications and for utilizing other stranded or associated gas has recently been studied increasingly. Microchannel GTL reactors have been prefrered over the conventional GTL reactors for such applications, due to its compactness, and additional advantages of small heat and mass transfer distance desired for high heat transfer performance and reactor conversion. In this work, multi-microchannel reactor was simulated by using commercial CFD code, ANSYS FLUENT, to study the geometric effect of the microchannels on the heat transfer phenomena. A heat generation curve was first calculated by modeling a Fischer-Tropsch reaction in a single-microchannel reactor model using Matlab-ASPEN integration platform. The calculated heat generation curve was implemented to the CFD model. Four design variables based on the microchannel geometry namely coolant channel width, coolant channel height, coolant channel to process channel distance, and coolant channel to coolant channel distance, were selected for calculating three dependent variables namely, heat flux, maximum temperature of coolant channel, and maximum temperature of process channel. The simulation results were visualized to understand the effects of the design variables on the dependent variables. Heat flux and maximum temperature of cooling channel and process channel were found to be increasing when coolant channel width and height were decreased. Coolant channel to process channel distance was found to have no effect on the heat transfer phenomena. Finally, total heat flux was found to be increasing and maximum coolant channel temperature to be decreasing when coolant channel to coolant channel distance was decreased. Using the qualitative trend revealed from the present study, an appropriate process channel and coolant channel geometry along with the distance between the adjacent channels can be recommended for a microchannel reactor that meet a desired reactor performance on heat transfer phenomena and hence reactor conversion of a Fischer-Tropsch microchannel reactor.

A Survey of Perceptions of Elementary School Teachers on the Small-Scale Chemistry (미량화학(Small-Scale Chemistry)에 대한 초등학교 교사들의 인식)

  • Kim, Sung-Kyu;Kong, Young-Tae
    • Journal of Science Education
    • /
    • v.34 no.2
    • /
    • pp.291-305
    • /
    • 2010
  • The aim of this study was to survey the perceptions of the elementary school teachers on the smallscale chemistry(SSC) following its training session. The teachers participating in the survey were 266 teachers in the Gyeongnam province. They were given a questionnaire that focused on the nine areas of the SSC: Needs for the teacher training and its application, its benefits, issues of safety and danger as well as treatment of environmental pollution, its economic efficiency and the development of investigative skills. The designed questionnaire was checked by an authority, and the responses to each question were tallied and analyzed. The results are as follows. The biggest problems of the traditional experimental methods as rated by the teachers were, in the order of importance, the preparation time, the legal liability of teachers for the safety and accidents, financial issues, disposal of the experimental wastes and the lack of relevant data. Since most of the teachers had not experienced the SSC lab programs in the field, they responded positively to the questions of need for its introduction and training. The implementation of the experimental SSC lab programs should proceed in the following order: introduction into the textbook, teacher training program, after-school education and the invitation of instructors. The most useful materials for the SSC program were CDs, videos, books and various printed materials, in that order. The responses regarding benefits of the SSC program included its simplicity, convenience, time savings, diversity, qualitative and quantitative aspects, integration into the regular class and use of toys. In particular, the teachers mentioned the increased safety due to the small amount of experimental reagents needed and the durability of plastic instruments. The familarity from the use of everyday tools as well as easy access to and the low-cost of the instruments were other important benefits. The teachers in general rated the educational content of the program highly, but many also found it to be average. Some pointed out the lack of sufficient discussion due to the individual or pair groupings as a potential shortcoming. The potential for development of problem solving ability and improvement of skills was rated positively. The number of teacher who rated the development of creativity positively was just over the half. As for the area of improving investigative skills, many found its assessment difficult and confusing because of the lack of its systemic definition and categorization. Based on the findings of this study, I would like to recommend the application and a wider dissemination of the small-scale chemistry lab program into the elementary school science curriculum.

  • PDF

Implementing a Cervical Cancer Awareness Program in Low-income Settings in Western China: a Community-based Locally Affordable Intervention for Risk Reduction

  • Simayi, Dilixia;Yang, Lan;Li, Feng;Wang, Ying-Hong;Amanguli, A.;Zhang, Wei;Mohemaiti, Meiliguli;Tao, Lin;Zhao, Jin;Jing, Ming-Xia;Wang, Wei;Saimaiti, Abudukeyoumu;Zou, Xiao-Guang;Maimaiti, Ayinuer;Ma, Zhi-Ping;Hao, Xiao-Ling;Duan, Fen;Jing, Fang;Bai, Hui-Li;Liu, Zhao;Zhang, Lei;Chen, Cheng;Cong, Li;Zhang, Xi;Zhang, Hong-Yan;Zhan, Jin-Qiong;Zhang, Wen Jie
    • Asian Pacific Journal of Cancer Prevention
    • /
    • v.14 no.12
    • /
    • pp.7459-7466
    • /
    • 2013
  • Background: Some 60 years after introduction of the Papanicolaou smear worldwide, cervical cancer remains a burden in developing countries where >85% of world new cases and deaths occur, suggesting a failure to establish comprehensive cervical-cancer control programs. Effective interventions are available to control cervical cancer but are not all affordable in low-income settings. Disease awareness saves lives by risk-reduction as witnessed in reducing mortality of HIV/AIDS and smoking-related cancers. Subjects and Methods: We initiated a community-based awareness program on cervical cancer in two low-income Muslim Uyghur townships in Kashi (Kashgar) Prefecture, Xinjiang, China in 2008. The education involved more than 5,000 women from two rural townships and awareness was then evaluated in 2010 and 2011, respectively, using a questionnaire with 10 basic knowledge questions on cervical cancer. Demographic information was also collected and included in an EpiData database. A 10-point scoring system was used to score the awareness. Results: The effectiveness and feasibility of the program were evaluated among 4,475 women aged 19-70 years, of whom >92% lived on/below US$1.00/day. Women without prior education showed a poor average awareness rate of 6.4% (164/2,559). A onetime education intervention, however, sharply raised the awareness rate by 4-fold to 25.5% (493/1,916). Importantly, low income and illiteracy were two reliable factors affecting awareness before or after education intervention. Conclusions: Education intervention can significantly raise the awareness of cervical cancer in low-income women. Economic development and compulsory education are two important solutions in raising general disease awareness. We propose that implementing community-based awareness programs against cervical cancer is realistic, locally affordable and sustainable in low-income countries, which may save many lives over time and, importantly, will facilitate the integration of comprehensive programs when feasible. In this context, adopting this strategy may provide one good example of how to achieve "good health at low cost".

Analysis on the Labor Market Performance of Local University Graduates and Regional Education Gap (지방대학 졸업자의 노동시장 성과와 지역별 교육격차)

  • Kim, Hisam
    • KDI Journal of Economic Policy
    • /
    • v.32 no.2
    • /
    • pp.55-92
    • /
    • 2010
  • In terms of labor market accomplishments, such as income, size of the company, and the matching quality between one's job and college major (specialization), a very large discrepancy is observed between the graduates from colleges located in Seoul and those outside Seoul. But, when the department average score of the Scholastic Aptitude Test (SAT) at the time of college entrance is controlled for, the discrepancy is found to be reduced to a considerable degree. In the case of wage gap, at least two third can be explained by the SAT score gap. The remaining wage gap seems to reflect the characteristics of workplace. In other words, graduates with high SAT scores enter colleges located in Seoul and thus tend to find better jobs leading to earning differences. This result that confirms the importance of aptitude test scores suggests that in the labor market, one of the major reasons behind a lower accomplishment of the graduate from local colleges is due to a lower competitiveness of local colleges in attracting the brightest students. But, this should not be viewed as only an internal problem of local colleges. This is because the growth of local economies tends to haul the advancement of local colleges in that area rather than being the other way around. The agglomeration effect in Seoul where headquarters of large corporations and financial institutions gather is the factor that has elevated the status of colleges located in Seoul since this provides highly preferred job choices of graduates. When the competitiveness of college is significantly influenced by exogenous factors, such as the vicinity to Seoul, the effort being made by colleges alone would not be enough to improve the situation. However, the central government, too, is not in the position to carry out countermeasure policies for such problems. The regional development strategy boosted through supportive policies for local colleges, such as financial support, is not based on the persuasive and empirical grounds. It is true that college education is universal and that the government''s intervention in assisting local colleges to secure basic conditions, such as tenure faculty and adequate facilities is necessary. However, the way of intervention should not be a support-only type. In order to improve the efficiency and effect of financial support, restructuring programs, including the merger and integration of insolvent colleges, should be underway prior to providing support. In addition, when the policy is focused on education recipients-local college students, and not on education providers-local colleges, the importance of regional gap in compulsory education (elementary and junior high schools) turns out to be much important as the gap between metropolitan area colleges and local colleges. Considering the educational gap before college entrance shown from the discrepancies of aptitude test scores among different regions, the imbalance between regions in terms of human resources is apparently derived from compulsory education, and not from college education. Therefore, there is a need to double the policy efforts to reduce the educational gap among different regions. In addition, given the current situation where it is difficult to find appropriate ex post facto policy measures to solve the problem of income gap between the graduates from metropolitan colleges and local colleges, it can be said that improving the environment for compulsory education in local areas is a growing necessity for bridging the educational gap among different regions.

  • PDF

A Definition of an Employee under the Trade Union Act in Japan (일본 노동조합법상의 근로자 개념 - 최고재판소 판례법리를 중심으로 -)

  • Song, Kang-Jik
    • Journal of Legislation Research
    • /
    • no.41
    • /
    • pp.337-366
    • /
    • 2011
  • In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

The relation of Creating Actor's Aura and Conscious Liminality of Acting - a conceptual understanding as a searching process for materiality - (연기의 기술적, 의식적 리미널리티(liminality)와 배우의 아우라의 상관성 - 물질성 탐색의 한 과정으로서의 개념적 이해 -)

  • Kwon, Kyoung-Hee
    • Journal of Korean Theatre Studies Association
    • /
    • no.53
    • /
    • pp.31-56
    • /
    • 2014
  • If we define theatre as an infinite tower piled up by smoke, the strata of the organic composition of an actor's/actress' body-mind-spirit, may not only be complicatedly worked out, but it seems to belong to a non-scientific realm. However and at the same time, it is also true that the audience is eager to witness a certain kind of specific vitality from the actor/actress on stage. Of course the vitality is hard to be prescribed. Simply we call it a texture of energy, nuance of existence, or much simpler, an actor's/actress' 'aura'. That is, the existential nuance of the actor/actress. The nuance, which is surging from the actor's/actress' authentic presence, ultimately comes out of, not the circumstantial interpretation of the production but the power of its integration. We can find from the works of Meyerhold, Grotowsky and Barba the theatrical fact that the actor's aura can be obtained by a kind of artificiality rather than innate characteristics of existence. These directors commonly regard theatre as the actor's/actress' theatre. Respectively choosing his own specific methods of expression, they unexpectedly meet in a same spot in which actor's/actress' theatre can be realized by the rediscovery of the actor's/actress's body-form. In other words, their approaching methods to theatre look alike, at least in that abandoning reserving any natural, unconscious, economic body-form of an actor/actress, they rather try to discover a certain kind of 'technical' body-form. The form which is totally non/un-conscious, unfamiliar and non-economical. Their research process explores an ideal body-form, and this thesis focuses on this point. For this work, I bring the notion of 'liminality' that connotes the praxis for essential presence of the actor/actress as well as the incubating time and space nacessary for his/her rebirth. And for developing this work, I ask: Could not the actor's/actress' consciousness and the spatiotemporal dimensions (s)he meets, be possibly defined as the core of liminality, only in case that (s)he requires them in the process of, either exploring the unfamiliar body or familiarising with the unfamiliar body-form? As I mentioned above, the three frontiers' theatrical journey is similar in part. For example, three all start from the actor's/actress' consciousness and then go through the body enlarged with it. Then they continue their journey, but different from one another. Meyerhold still uses the conscious body. But now he transforms it into a kind of mobilized sculptures. In comparison with Meyerhold's use of the consciousness, Grotowsky puts his emphasis on an autonomous body which, if necessary, cast away even the innate consciousness. Likewise, to Barba, theatre always starts from the actor/actress who has already taken off all kinds of conventions. (Conventions should be re-designed!) The actor/actress therefore recreates him/herself as his/her body-mind wears a new, unfamiliar, readjusted form and vitality. And then this restructured body-mind may unceasingly aim at exploring its vitalized 'positive organism', that is the waves of self-centering energy, an existential nuance, and an authentic (or maybe behavioral) expressiveness. Now it seems clear that the liminal process for the frontiers' theatrical journey could be equalized as a profound process of self-penetration, self-transformation, and self-realization. This thesis explores the mystic realm of liminality.

The Government Organization Act and the Desirable Government Structure in the 21st Century (21세기 바람직한 정부조직과 정부조직법)

  • Sung, Nak-In
    • Journal of Legislation Research
    • /
    • no.44
    • /
    • pp.241-281
    • /
    • 2013
  • First and foremost, a discussion concerning government structure has to be done in connection with the state form and the governmental form. For practical reasons, there is a need to balance the principle of legality and its exceptions under the Government Organization Act. To ensure the flexibility of government structure with respect to the principle of legality, the National Assembly should accept the government structure requested by the newly elected government. This mitigates the rigidity of the principle of the legality within the government organizations. However, excessive changes by each government could violate the principle of legality asked by Constitution. In this sense, arbitrary modification with respect to the government structure by the newly elected government is not desirable. The long term stability of the government organization is required in any case. Secondly, general administrative agencies, other than Executive Ministries, should not be established under the direct order of the President without the control of the Prime Minister. A hierarchy of the executive branch (President->Prime Minister-> Executive Ministries) is stipulated in the Constitution. Establishing a hierarchy of President -> executive institution should be considered unconstitutional. Therefore, only the Presidential Secretariat and institutions with special functions can be established in the Presidential Office. Establishing general administrative agencies in the Presidential Office for convenience purposes is against the spirit of the current Constitution. Consequently, only the office of staffs and special agencies can be placed in the presidential office. It is against the spirit of the current Constitution to found administrative agencies under the presidential office for convenience. Thirdly, the office of the Prime Minister should be the backbone of internal affairs. In that sense, the President, as the head of state, should focus on the big picture such as the direction of the State, while the Cabinet headed by the Prime Minister should be responsible for the daily affairs of the State. The cabinet surrounding the Prime Minister must control all the ordinary affairs of the State, while the President, as the head of the State, should focus on the big picture of blueprinting the aim of the State. Lastly, the Office of the Prime Minister and Executive Ministries are the two main bodies of the executive branch. It is important to reduce the confusion caused by repeated changes in the names of Executive Ministries, to restore the traditional names and authorities of these institutions, and to rehabilitate the legitimacy of the State. For the Korean democracy to take its roots, a systematic way of stabilizing a law-governed democratic country is needed. There is also the need not only to reform security and economic agencies, but also to rationally solve the integration of technique and policy, according to the changes of time.