• Journal of the Korean Society for Aviation and Aeronautics
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• v.15 no.1
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• pp.38-53
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• 2007

In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.103-125
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• 2020

This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.

• The Korean Journal of Archival Studies
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• no.26
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• pp.33-62
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• 2010

Buddhism was introduced in the Korea Peninsula 1600 years ago, and now there are over 10 million believers in Korea. The systematic Management of Temple Records has a spiritual and cultural value in a rapidly changing modern society. This study proposes a better management system of Buddhist temple records for the Jogye Order of Korean Buddhism. this system Not only supports transparency of religious affairs, but presents a way for a more effective management. in this study, I conducted a study on the national legislation for the preservation of buddhist temples and the local rules of religious affairs from the Jogye Order. Through this, I analyzed the problems of Buddhist records management. in the long term, to improve these problems, I purpose the establishment of temple archives be maintained by parish head offices. This study presents a retention schedule for this systematic establishment system. I present charts for the standard Buddhist records management that manage the total process systematically from the production of records to its discard. Also I present a general plan to prevent random defamation of Buddhist temple documents and impose a duty for preservation. I intend for this plan to be subject to discussion and tailored to the particular needs of temple reads. In creating these charts standard of Buddhist temple records management, I analyzed operating examples of foreign religious institutions and examined their retention periods. I also examined the retention periods and classification system from the Jogye Order. Then I presented ways for this management system to operate through computer programs. There is a need to establish a large scale management system to arrange the records of buddhist documents. We must enforce the duty of conserving records through the proposed management system. We need the system to manage even the local parish temple records through the proposed management system and the operation of the proposed archive system. This study presents research to from the basic of the preservation and the passing of traditional records to future generations. I also discovered the historical cultural and social value that these records contain. Systematically confirmed Buddhist temple records management will pave the way that these tangible and intangible cultural records handed down from history can be the cultural heritages. establishing a temple records management system will pave the way for these cultural records to be handed down to future generations as cultural heritages.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.159-201
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• 2019

Along with Annex 14 Volume I establishment in 1951 and the set-up of restriction surface around the runway, aeronautical technique and navigation performance achieved dazzling growth, and the safety and precision of navigation greatly improved. However, restrictions on surrounding obstacles are still valid for safe operation of an aircraft. Standards and criteria for securing safety of aircraft operating around and on airport is stated in Annex 11 Air Traffic Services and Annex 14 Aerodrome etc. In particular, Annex 14 Volume I presents the criteria for limiting obstacles around an airport, such as natural obstacles such as trees, mountains and hills to prevent collisions between aircraft and ground obstacles, and artificial obstacles such as buildings and structures. On the other hand, Annex 14 Volume I, in the application of the obstacles limitation surfaces, apply the exception criteria, as it may not be possible to remove obstacles that violate the criteria if the aeronautical study determines that they do not impair the safety and regularity of aircraft operation. Aeronautical study has been applied and implemented in various countries including United States, Canada and Europe etc. accordingly, Korea established and amended some provisions of the Enforcement rules of the Aviation Act and established the Aeronautical study guidelines to approve exceptions. However, because ICAO does not provide specific guidelines on procedures and methods of Aeronautical study, countries conducting aeronautical study have established and applied their own procedures and methods. Reflecting this realistic situation, at the 12th World Navigation Conference and at the 38th General Assembly, the contracting States demanded a reexamination of the criteria for current obstacle limitation surfaces and methods of aeronautical study, and the ICAO dedicated a team of experts to prepare new standard. This study, in line with the movement of international change in obstacle limitation surface and aeronautical study, aims to compare and analyze current domestic and external standards on obstacle limitation and height limits, while looking at methods, procedure and systems for aeronautical study. In addition, expecting that aeronautical study will be used realistically and universally in assessing the impact of obstacles, we would recommend the institutional improvement of the aeronautical study along with the development of quantitative analysis methods using the navigation data in the current aeronautical study.

• Korean Journal of Heritage: History & Science
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• v.48 no.3
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• pp.30-45
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• 2015

The purpose of this study is to demonstrate that transmissions of an intangible cultural heritage in Korea may be cut off because it is separated from human and social environment and protected and managed under the national system. In addition, another purpose is to criticize concept and method dichotomy in the current institution from an ecological perspective and consider the problem that the intangible cultural heritages are transmitted mainly by holders having skills and accomplishments by distinguishing them from others. Furthermore, the last purpose is to suggest a direction of policy emphasizing an importance of establishment of environment which allows nurture, change and development of local people, which may ensure continuous transmission in order to solve the problem and a transmission system of the intangible cultural heritage by using a principle in which the system is operated by self-recovery and natural rule of the ecology. The findings of this study show that seven problems can be analyzed by reviewing concept establishment and protection and transmission measure of intangible cultural heritages according to the Cultural Properties Protection Law, based on the ecological perspective. The protection and transmission methods of the intangible cultural heritage through the cultural heritage ecology are suggested by applying ecological theory to it. The intangible cultural heritage ecology defined in this paper means 'a sustainable community consisting of intangible cultural heritage, subject of activity and physical environment.' Since it is operated according to the principle reflecting the rules and features of natural ecology, it can keep system through self-recovery without an external intervention, as the case of natural ecology.

• Journal of Global Scholars of Marketing Science
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• v.19 no.3
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• pp.49-61
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• 2009

This article provides training exercises for executives into interpreting subroutine maps of executives' thinking in processing business and industrial marketing problems and opportunities. This study builds on premises that Schank proposes about learning and teaching including (1) learning occurs by experiencing and the best instruction offers learners opportunities to distill their knowledge and skills from interactive stories in the form of goal.based scenarios, team projects, and understanding stories from experts. Also, (2) telling does not lead to learning because learning requires action-training environments should emphasize active engagement with stories, cases, and projects. Each training case study includes executive exposure to decision system analysis (DSA). The training case requires the executive to write a "Briefing Report" of a DSA map. Instructions to the executive trainee in writing the briefing report include coverage in the briefing report of (1) details of the essence of the DSA map and (2) a statement of warnings and opportunities that the executive map reader interprets within the DSA map. The length maximum for a briefing report is 500 words-an arbitrary rule that works well in executive training programs. Following this introduction, section two of the article briefly summarizes relevant literature on how humans think within contexts in response to problems and opportunities. Section three illustrates the creation and interpreting of DSA maps using a training exercise in pricing a chemical product to different OEM (original equipment manufacturer) customers. Section four presents a training exercise in pricing decisions by a petroleum manufacturing firm. Section five presents a training exercise in marketing strategies by an office furniture distributer along with buying strategies by business customers. Each of the three training exercises is based on research into information processing and decision making of executives operating in marketing contexts. Section six concludes the article with suggestions for use of this training case and for developing additional training cases for honing executives' decision-making skills. Todd and Gigerenzer propose that humans use simple heuristics because they enable adaptive behavior by exploiting the structure of information in natural decision environments. "Simplicity is a virtue, rather than a curse". Bounded rationality theorists emphasize the centrality of Simon's proposition, "Human rational behavior is shaped by a scissors whose blades are the structure of the task environments and the computational capabilities of the actor". Gigerenzer's view is relevant to Simon's environmental blade and to the environmental structures in the three cases in this article, "The term environment, here, does not refer to a description of the total physical and biological environment, but only to that part important to an organism, given its needs and goals." The present article directs attention to research that combines reports on the structure of task environments with the use of adaptive toolbox heuristics of actors. The DSA mapping approach here concerns the match between strategy and an environment-the development and understanding of ecological rationality theory. Aspiration adaptation theory is central to this approach. Aspiration adaptation theory models decision making as a multi-goal problem without aggregation of the goals into a complete preference order over all decision alternatives. The three case studies in this article permit the learner to apply propositions in aspiration level rules in reaching a decision. Aspiration adaptation takes the form of a sequence of adjustment steps. An adjustment step shifts the current aspiration level to a neighboring point on an aspiration grid by a change in only one goal variable. An upward adjustment step is an increase and a downward adjustment step is a decrease of a goal variable. Creating and using aspiration adaptation levels is integral to bounded rationality theory. The present article increases understanding and expertise of both aspiration adaptation and bounded rationality theories by providing learner experiences and practice in using propositions in both theories. Practice in ranking CTSs and writing TOP gists from DSA maps serves to clarify and deepen Selten's view, "Clearly, aspiration adaptation must enter the picture as an integrated part of the search for a solution." The body of "direct research" by Mintzberg, Gladwin's ethnographic decision tree modeling, and Huff's work on mapping strategic thought are suggestions on where to look for research that considers both the structure of the environment and the computational capabilities of the actors making decisions in these environments. Such research on bounded rationality permits both further development of theory in how and why decisions are made in real life and the development of learning exercises in the use of heuristics occurring in natural environments. The exercises in the present article encourage learning skills and principles of using fast and frugal heuristics in contexts of their intended use. The exercises respond to Schank's wisdom, "In a deep sense, education isn't about knowledge or getting students to know what has happened. It is about getting them to feel what has happened. This is not easy to do. Education, as it is in schools today, is emotionless. This is a huge problem." The three cases and accompanying set of exercise questions adhere to Schank's view, "Processes are best taught by actually engaging in them, which can often mean, for mental processing, active discussion."

• Korean Journal of Heritage: History & Science
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• v.57 no.1
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• pp.54-79
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• 2024

The purpose of this research is to fill the vacuum created by the tendency of bias towards China among the curators of Korean museums who plan exhibitions focusing on Balhae, and to share with researchers in the countries concerned various supplementary research materials that could deepen their understanding of the history of Balhae. These materials are based on analyses of the details of exhibitions about Balhae held in a particular Russian museum and the characteristics of and changes in the museum's operational policy. Thus, this research focuses mainly on the permanent and special exhibitions held by the Far East History Museum and Reserve, whose collection represents the archaeological achievements of Russia regarding the history of Balhae. The first part of the research focuses on the layout of the exhibitions presented by the museum and the museum's operational policy. It reveals that the museum's permanent exhibitions follow a diachronic arrangement of the local history, while the first and second special exhibitions featured exhibits that were selected from the collections of the Russian Academy of Sciences and arranged according to specific themes. It also examines the museum's policy for operating the exhibitions, focusing on the operational rules, the human resources deployed to run them, and the related educational and PR programs. The second part of the research examines such issues as local politics, economy, education and culture related to the exhibitions on Balhae's history, and connects them to the background and development of the exhibitions. This study reveals that the permanent exhibitions were intended to promote historical awareness of the local area by museum visitors, particularly those who visited the exhibitions while the city was hosting important events such as international summits. It also reveals that the museum's first special exhibition led to the promotion of Korea-Russia cooperation on exchanges in the fields of culture and tourism, whereas the second special exhibition involved no PR efforts or related events, which was probably due to the changes that have occurred in the relationship between Russia and its neighboring countries since then. The final part of the study focuses on the characteristic features of the exhibition narratives, and compares school textbooks on local history and history books for general readers with the contents of the exhibitions. The analysis of the narratives based on the development of time shows that the history of the Mohe (or Malgal) tribes has been combined with that of Balhae, while they are treated separately in school textbooks. As regards political history, the narrative was largely focused on officials in Balhae's central government rather than on Mohe warriors in the border areas. The maps of Balhae presented in the exhibitions highlight the importance of accumulating empirical data. As for the exhibition of material cultures, this study suggests that the museums should obtain more archaeological floral and faunal remains related with agriculture and hunting. It also points out that the narrative on the theme of foreign relations deals with the archaeological relics of Unified Silla together with those of the Turkic tribes. As for the theme of philosophy and culture, the narrative focused on the state ceremonies and rituals of Goguryeo, a theme that has attracted little attention among Korean academic circles and which consequently requires further study. In conclusion, this study is meaningful in that it suggests a number of research topics regarding the development of exhibitions and exhibition narratives about the history of Balhae by a prestigious Russian museum that specializes in this subject.