• Title/Summary/Keyword: policy means

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The Actual Use of Non-regular Workers and the Strategies of Social Partners in Sweden: with a Special Reference to Temporary Workers (스웨덴 비정규직의 사용 실태와 행위주체들의 전략: 임시직 사용 방식을 중심으로)

  • Cho, Don-Moon
    • Korean Journal of Labor Studies
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    • v.23 no.1
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    • pp.47-83
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    • 2017
  • The Swedish labor market secures flexibility in the use of labor force by means of non-regular workers such as temporary workers among others instead of regular workers' layoffs. Although the labor law reform in the late 2000s made it easier to use temporary workers and the outbreak of the economic crisis strengthened the power of user firms against labor unions, the size of temporary workers was scaled down. It is the aim of this study to analyze the change in the use of temporary workers, to examine the effect of the labor law reform and that of economic crisis in that regard, and to explain how, over the use of temporary workers, user firms' strategy to secure flexibility and labor unions' strategy to regulate flexibility interact with each other so as to establish a new equilibrium through conflicts and compromises. The labor law reform to enhance the flexibility in the use of temporary workers failed to entail amendments of collective contracts. Besides, out of the economic crisis, user firms adopted a new policy to use third party workers more, refraining from employing temporary workers. That's why the number of temporary workers has declined eventually. User firms prefer to use third party workers because they could avoid their own responsibility as an employer and they could rely on 'permanent temporary' workers without any time limit. Labor unions, however, responded with a strategy to lay more strict regulations on the use of third party workers, so that third party workers could be used only for limited cause for external numerical flexibility. As a result, the managed flexibility thesis comes to prevail to the usage of non-regular workers in general beyond the category of agency workers. Korea with severe abuse of third party workers should learn from Swedish labor unions' strategy to provide third party workers with stronger employment security and higher wages so as to prevent user firms from abusing third party workers.

Estimation of the Korean Yield Curve via Bayesian Variable Selection (베이지안 변수선택을 이용한 한국 수익률곡선 추정)

  • Koo, Byungsoo
    • Economic Analysis
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    • v.26 no.1
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    • pp.84-132
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    • 2020
  • A central bank infers market expectations of future yields based on yield curves. The central bank needs to precisely understand the changes in market expectations of future yields in order to have a more effective monetary policy. This need explains why a range of models have attempted to produce yield curves and market expectations that are as accurate as possible. Alongside the development of bond markets, the interconnectedness between them and macroeconomic factors has deepened, and this has rendered understanding of what macroeconomic variables affect yield curves even more important. However, the existence of various theories about determinants of yields inevitably means that previous studies have applied different macroeconomics variables when estimating yield curves. This indicates model uncertainties and naturally poses a question: Which model better estimates yield curves? Put differently, which variables should be applied to better estimate yield curves? This study employs the Dynamic Nelson-Siegel Model and takes the Bayesian approach to variable selection in order to ensure precision in estimating yield curves and market expectations of future yields. Bayesian variable selection may be an effective estimation method because it is expected to alleviate problems arising from a priori selection of the key variables comprising a model, and because it is a comprehensive approach that efficiently reflects model uncertainties in estimations. A comparison of Bayesian variable selection with the models of previous studies finds that the question of which macroeconomic variables are applied to a model has considerable impact on market expectations of future yields. This shows that model uncertainties exert great influence on the resultant estimates, and that it is reasonable to reflect model uncertainties in the estimation. Those implications are underscored by the superior forecasting performance of Bayesian variable selection models over those models used in previous studies. Therefore, the use of a Bayesian variable selection model is advisable in estimating yield curves and market expectations of yield curves with greater exactitude in consideration of the impact of model uncertainties on the estimation.

Analysis of Growth-Decline Type and Factors Influencing Growth Commercial Area Using Sales Data in Alley Commercial Area - Before and After COVID-19 - (골목상권 매출액 데이터를 활용한 성장-쇠퇴 유형화와 성장상권 영향요인 분석 - 코로나19 전후를 대상으로 -)

  • Jiwan Park;Leebom Jeon;Seungil Lee
    • Journal of the Korean Regional Science Association
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    • v.39 no.1
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    • pp.53-66
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    • 2023
  • Due to COVID-19, the external activities of urban residents have greatly shrunk, causing a lot of damage to the commercial district, such as a decrease in population and sales. The downturn in commercial districts means the collapse of the infrastructure of the national economy, and can have serious side effects on the local economy and individual lives. Therefore, it is necessary to look at the alley commercial area, which is closely related to the national local economy, and pay attention to the damage and stagnation of the alley commercial area where small business owners are concentrated. The purpose of this study is to classify alley commercial districts into growth commercial districts and decline commercial districts by using commercial sales time series data and DTW time series group analysis for the pre- and post-COVID-19 period. The main findings of the study are as follows. First, using the time series data on commercial sales before and after COVID-19, the alley commercial districts were divided into growth commercial districts and decline commercial districts, and it was confirmed that the distribution of growth commercial districts and decline commercial districts was regionally different. Therefore, it is necessary to actively manage commercial districts in areas where many declining commercial districts are distributed, and it is required to prepare policies for each region in consideration of the spatial distribution of declining commercial districts. Second, during the COVID-19 period, face-to-face essential industries, density of guest facilities, and population density negatively affected the sustainability of commercial districts, which is the opposite of previous studies. This is the result of empirically confirming the specificity of the COVID-19 period and the negative effects of the integrated economy, and can be used as basic data for effective commercial district management and policy preparation in the event of a national disaster in the future. Third, the characteristics of the background of the commercial district had a significant effect on the sustainability of the commercial district, and the negative effect of the attracting facilities inducing population concentration in the background area was found. This suggests that it is necessary to consider the characteristics of the background as well as the inside of the commercial district when establishing policies to revitalize the commercial district and support small business owners in a national disaster situation.

Simulation and Feasibility Analysis of Aging Urban Park Refurbishment Project through the Application of Japan's Park-PFI System (일본 공모설치관리제도(Park-PFI)의 적용을 통한 노후 도시공원 정비사업 시뮬레이션 및 타당성 분석)

  • Kim, Yong-Gook;Kim, Young-Hyeon;Kim, Min-Seo
    • Journal of the Korean Institute of Landscape Architecture
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    • v.51 no.5
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    • pp.13-29
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    • 2023
  • Urban parks are social infrastructure supporting citizens' health, quality of life, and community formation. As the proportion of urban parks that have been established for more than 20 years is increasing, the need for refurbishment to improve the physical space environment and enhance the functions of aging urban parks is increasing. Since the government's refurbishment of aging urban parks has limitations in securing financial resources and promoting attractiveness, they must be promoted through public-private partnerships. Japan, which suffered from the problem of aging urban parks, has successfully promoted several park refurbishment projects by introducing the Park-PFI through the revision of the 「Urban Park Act」 in 2017. This study examines and analyzes the characteristics of the Japan Park-PFI as an alternative to improving the quality of aging domestic urban park services through public-private partnerships and the validity of the aging urban park refurbishment projects through Park-PFI. The main findings are as follows. First, it is necessary to start discussions on introducing Japan's Park-PFI according to the domestic conditions as a means of public-private partnership to improve the service quality and diversify the functions of aging urban parks. In order to introduce Park-PFI social discussions and follow-up studies on the deterioration of urban parks. Must be conducted. The installation of private capital and profit facilities and improvements of related regulations, such as the 「Parks and Green Spaces Act」 and the 「Public Property Act」, is required. Second, it is judged that the Park-PFI project is a policy alternative that can enhance the benefits to citizens, local governments, and private operators under the premise that the need to refurbish aging urban parks is high and the location is suitable for promoting the project. As a result of a pilot application of the Park-PFI project to Seyeong Park, an aging urban park located in Bupyeong-gu, Incheon, it was analyzed to be profitable in terms of the profitability index (PI), net present value (FNPV), and internal rate of return (FIRR). It is considered possible to participate in the business sector. At the local government level, private capital is used to improve the physical space environment of aging urban parks, as well as the refurbishment of the urban parks by utilizing financial resources generated by returning a portion of the facility usage fees and profits (0.5% of annual sales) of private operators. It was found that management budgets could be secured.

Forming and Changing the Concept of 'Cultural Property' before the Enactment of the Cultural Heritage Protection Act (문화재보호법 제정 이전 '문화재' 개념의 형성과 변화)

  • OH Chunyoung
    • Korean Journal of Heritage: History & Science
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    • v.56 no.4
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    • pp.288-318
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    • 2023
  • This work began with the aim of examining the history of the concept "cultural property" that is expected to disappear, and the main subject of research was the history that preceded the spread of this notion throughout society. The phrase "cultural property" first appeared in the 1920s, and was used in various fields such as literature, history, music, and philosophy in the context of cultural resources. Until immediately following liberation from the Japanese colonial era, the meaning of cultural assets was widely applied in the range of "cultural resources," and during this period, it was often used to help supplant the reality and history of Japanese occupation. Immediately after the Korean War, it was also employed for the purpose of 'restoration of cultural resources through war'. Recognition of cultural property directly influenced by Japan's Cultural Heritage Protection Act has occurred since 1950s. In the early 1960s, the enactment of various laws related to cultural properties and the establishment of the Cultural Heritage Administration caused the meaning of cultural property to be limited to 'cultural heritage'. In this way, the definition of state-led cultural property has continued to apply to this day. It has not been clearly confirmed whether the concept of cultural properties was imported from Japan through means such as the Cultural Heritage Protection Act. Cases in which several Japanese students endorsed the concept of cultural property within Korea serve to increase the likelihood that the concept was indeed imported from Japan. However, "coined language using multiple Chinese characters," "the phenomenon of cultural complex words in the 1920s,", and "cases of non-Japanese international students using the concept of cultural property" also open up the possibility of their own occurrence. Apart from the general importance of the concept of cultural property, intellectuals at the time used this concept to promote internal development and the overcoming of colonial Joseon. In this research, it was confirmed that the conceptual word cultural property was older and had a wider history than the general perception had indicated previously. The history of the conceptual term "cultural property" may appear to be more than 60 years old based on the enactment of the Cultural Heritage Protection Act, but in fact it is nearly 100 years old when traced back to on 1925, as established here. In general, the creation and disappearance of terms may proceed naturally with social change, but such terms may alternatively be created or erased through national policy. Identifying the origins of a phrase that is about to disappear represents a significant task for purposes of establishing its historical meaning.

Evaluation of Park Service in Neighborhood Parks based on the Analysis of Walking Accessibility - Focused on Bundang-gu, Seongnam-si - (보행접근성 분석에 기반한 근린공원의 공원서비스 평가 - 성남시 분당구를 대상으로 -)

  • Hwang, Hae-Kwon;Son, Yong-Hoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.52 no.1
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    • pp.59-70
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    • 2024
  • As urbanization progresses, the demand for parks and green space is increasing. Park green spaces in the city are important spaces in the city because they are recognized as spaces where people can freely engage in outdoor activities. The park service area is a measure that shows the extent to which services are provided based on distance. In this process, the concept of accessibility plays an important role, and walking, in particular, as the most basic means of transportation for people and has a great influence on the use of parks. However, the current park service area analysis focuses on discovering underprivileged areas, so detailed evaluation of beneficiary areas is insufficient. This study seeks to evaluate park service areas based on the pedestrian accessibility and the pedestrian network. Park services are services that occur when users directly visit the park, and accessibility is expected to be reflected in terms of usability. To quantify the pedestrian network, this study used space syntax to analyze pedestrian accessibility based on integration values. The integration values are an indicators that quantify the level of accessibility of the pedestrian network, and in this study, the higher the integration value, the higher the possibility of park use. The results of the study are as follows. First, Bundang-gu's park service area accounts for 43%, and includes most sections with high pedestrian accessibility, but some sections with good pedestrian accessibility are excluded. This can be seen as a phenomenon that occurs when residential areas and commercial and business areas are given priority during the urban planning process, and then park and green areas are selected. Second, based on Bundang-gu, the park service area and pedestrian accessibility within the park service area were classified by neighborhood unit. Differences appear for each individual neighborhood unit, and it is expected that the availability of the park will vary accordingly. In addition, even in areas created during the same urban planning process, there were differences in the evaluation of park service areas according to pedestrian accessibility. Using this, it is possible to evaluate individual neighborhood units that can be reflected in living area plans, and it can be used as a useful indicator in park and green space policies that reflect this in the future.

The Understanding of Human Rights of the Elderly and Christian Educational Approaches (노인 인권에 대한 이해와 기독교교육적 접근)

  • Junghee Kim
    • Journal of Christian Education in Korea
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    • v.75
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    • pp.83-102
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    • 2023
  • Purpose of Research: The purpose of this study is to emphasize that the understanding of the elderly must change to a more positive one as a way to resolve social problems caused by aging. And this study proposes understanding and education about the human rights of the elderly as one of the measures. Research Contents and Methods: The research aims to achieve its purpose through the following contents and methods. First, this study examines the issue of elder abuse that occurs in old age to understand the importance of human rights for the elderly in the context of aging. One of the causes of elder abuse is the lack of understanding of the human rights of the elderly. What are the rights of the elderly? To this end, the text explains the understanding of the human rights of the elderly according to UNESCO, as well as the policy on the human rights of the elderly in Korea. Based on this, the importance of human rights education for the elderly was argued. This is because an increase in awareness has a significant impact on improving the human rights of the elderly. In particular, this study argues that the church is also affected by the aging phenomenon. Therefore, it is argued that the church should also take an interest in the human rights of the elderly. And it was emphasized that human rights education for the elderly should be approached from a Christian perspective. Results/Conclusions: In conclusion, this study emphasizes the importance of protecting the human rights of the elderly and proposes three aspects of christian human rights for the elderly. First, there is a need for self-dignity education for the elderly. Second, it is necessary to learn about and empathize with the lives of the elderly in order to recognize and respect their rights across different generations. Third, education on mutual respect was proposed as a means to alleviate conflicts between the elderly and other generations, and to promote harmony and respect for rights. It is believed that this will play an important role in bridging the generation gap caused by aging. Unfortunately, this study has a limitation in that it does not address methodological approaches and education, as it primarily focuses on theoretical proposals. Therefore, it is hoped that further studies will continue to be conducted to develop specific alternatives aimed at enhancing the human rights of the elderly.

An Empirical Study in Relationship between Franchisor's Leadership Behavior Style and Commitment by Focusing Moderating Effect of Franchisee's Self-efficacy (가맹본부의 리더십 행동유형과 가맹사업자의 관계결속에 관한 실증적 연구 - 가맹사업자의 자기효능감의 조절효과를 중심으로 -)

  • Yang, Hoe-Chang;Lee, Young-Chul
    • Journal of Distribution Research
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    • v.15 no.1
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    • pp.49-71
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    • 2010
  • Franchise businesses in South Korea have contributed to economic growth and job creation, and its growth potential remains very high. However, despite such virtues, domestic franchise businesses face many problems such as the instability of franchisor's business structure and weak financial conditions. To solve these problems, the government enacted legislation and strengthened franchise related laws. However, the strengthening of laws regulating franchisors had many side effects that interrupted the development of the franchise business. For example, legal regulations regarding franchisors have had the effect of suppressing the franchisor's leadership activities (e.g. activities such as the ability to advocate the franchisor's policies and strategies to the franchisees, in order to facilitate change and innovation). One of the main goals of the franchise business is to build cooperation between the franchisor and the franchisee for their combined success. However, franchisees can refuse to follow the franchisor's strategies because of the current state of franchise-related law and government policy. The purpose of this study to explore the effects of franchisor's leadership style on franchisee's commitment in a franchise system. We classified leadership styles according to the path-goal theory (House & Mitchell, 1974), and it was hypothesized and tested that the four leadership styles proposed by the path-goal theory (i.e. directive, supportive, participative and achievement-oriented leadership) have different effects on franchisee's commitment. Another purpose of this study to explore the how the level of franchisee's self-efficacy influences both the franchisor's leadership style and franchisee's commitment in a franchise system. Results of the present study are expected to provide important theoretical and practical implications as to the role of franchisor's leadership style, as restricted by government regulations and the franchisee's self-efficacy, which could be needed to improve the quality of the long-term relationship between the franchisor and franchisee. Quoted by Northouse(2007), one problem regarding the investigation of leadership is that there are almost as many different definitions of leadership as there are people who have tried to define it. But despite the multitude of ways in which leadership has been conceptualized, the following components can be identified as central to the phenomenon: (a) leadership is a process, (b) leadership involves influence, (c) leadership occurs in a group context, and (d) leadership involves goal attainment. Based on these components, in this study leadership is defined as a process whereby franchisor's influences a group of franchisee' to achieve a common goal. Focusing on this definition, the path-goal theory is about how leaders motivate subordinates to accomplish designated goals. Drawing heavily from research on what motivates employees, path-goal theory first appeared in the leadership literature in the early 1970s in the works of Evans (1970), House (1971), House and Dessler (1974), and House and Mitchell (1974). The stated goal of this leadership theory is to enhance employee performance and employee satisfaction by focusing on employee motivation. In brief, path-goal theory is designed to explain how leaders can help subordinates along the path to their goals by selecting specific behaviors that are best suited to subordinates' needs and to the situation in which subordinates are working (Northouse, 2007). House & Mitchell(1974) predicted that although many different leadership behaviors could have been selected to be a part of path-goal theory, this approach has so far examined directive, supportive, participative, and achievement-oriented leadership behaviors. And they suggested that leaders may exhibit any or all of these four styles with various subordinates and in different situations. However, due to restrictive government regulations, franchisors are not in a position to change their leadership style to suit their circumstances. In addition, quoted by Northouse(2007), ssubordinate characteristics determine how a leader's behavior is interpreted by subordinates in a given work context. Many researchers have focused on subordinates' needs for affiliation, preferences for structure, desires for control, and self-perceived level of task ability. In this study, we have focused on the self-perceived level of task ability, namely, the franchisee's self-efficacy. According to Bandura (1977), self-efficacy is chiefly defined as the personal attitude of one's ability to accomplish concrete tasks. Therefore, it is not an indicator of one's actual abilities, but an opinion of the extent of how one can use that ability. Thus, the judgment of maintain franchisee's commitment depends on the situation (e.g., government regulation and policy and leadership style of franchisor) and how it affects one's ability to mobilize resources to deal with the task, so even if people possess the same ability, there may be differences in self-efficacy. Figure 1 illustrates the model investigated in this study. In this model, it was hypothesized that leadership styles would affect the franchisee's commitment, and self-efficacy would moderate the relationship between leadership style and franchisee's commitment. Theoretically, quoted by Northouse(2007), the path-goal approach suggests that leaders need to choose a leadership style that best fits the needs of subordinates and the work they are doing. According to House & Mitchell (1974), the theory predicts that a directive style of leadership is best in situations in which subordinates are dogmatic and authoritarian, the task demands are ambiguous, and the organizational rule and procedures are unclear. In these situations, franchisor's directive leadership complements the work by providing guidance and psychological structure for franchisees. For work that is structured, unsatisfying, or frustrating, path-goal theory suggests that leaders should use a supportive style. Franchisor's Supportive leadership offers a sense of human touch for franchisees engaged in mundane, mechanized activity. Franchisor's participative leadership is considered best when a task is ambiguous because participation gives greater clarity to how certain paths lead to certain goals; it helps subordinates learn what actions leads to what outcome. Furthermore, House & Mitchell(1974) predicts that achievement-oriented leadership is most effective in settings in which subordinates are required to perform ambiguous tasks. Marsh and O'Neill (1984) tested the idea that organizational members' anger and decline in performance is caused by deficiencies in their level of effort and found that self-efficacy promotes accomplishment, decreases stress and negative consequences like depression and emotional instability. Based on the extant empirical findings and theoretical reasoning, we posit positive and strong relationships between the franchisor's leadership styles and the franchisee's commitment. Furthermore, the level of franchisee's self-efficacy was thought to maintain their commitment. The questionnaires sent to participants consisted of the following measures; leadership style was assessed using a 20 item 7-point likert scale developed by Indvik (1985), self-efficacy was assessed using a 24 item 6-point likert scale developed by Bandura (1977), and commitment was assessed using a 6 item 5-point likert scale developed by Morgan & Hunt (1994). Questionnaires were distributed to Korean optical franchisees in Seoul. It took about 20 days to complete the data collection. A total number of 140 questionnaires were returned and complete data were available from 137 respondents. Results of multiple regression analyses testing the relationships between the each of the four styles of leadership shown by the franchisor as independent variables and franchisee's commitment as the dependent variable showed that the relationship between supportive leadership style and commitment ($\beta$=.13, p<.001),and the relationship between participative leadership style and commitment ($\beta$=.07, p<.001)were significant. However, when participants divided into high and low self-efficacy groups, results of multiple regression analyses showed that only the relationship between achievement-oriented leadership style and commitment ($\beta$=.14, p<.001) was significant in the high self-efficacy group. In the low self-efficacy group, the relationship between supportive leadership style and commitment ($\beta$=.17, p<.001),and the relationship between participative leadership style and commitment ($\beta$=.10, p<.001) were significant. The study focused on the franchisee's self-efficacy in order to explore the possibility that regulation, originally intended to protect the franchisee, may not be the most effective method to maintain the relationships in a franchise business. The key results of the data analysis regarding the moderating role of self-efficacy between leadership behavior style as proposed by path-goal and commitment theory were as follows. First, this study proposed that franchisor should apply the appropriate type of leadership behavior to strengthen the franchisees commitment because the results demonstrated that supportive and participative leadership styles by the franchisors have a positive influence on the franchisee's level of commitment. Second, it is desirable for franchisor to validate the franchisee's efforts, since the franchisee's characteristics such as self-efficacy had a substantial, positive effect on the franchisee's commitment as well as being a meaningful moderator between leadership and commitment. Third, the results as a whole imply that the government should provide institutional support, namely to put the franchisor in a position to clearly identify the characteristics of their franchisees and provide reasonable means to administer the franchisees to achieve the company's goal.

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The Legal Theory on the Civil Execution against Aircraft (항공기 집행에 관한 법리)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.83-153
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    • 2015
  • As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.

The Changing Aspects of North Korea's Terror Crimes and Countermeasures : Focused on Power Conflict of High Ranking Officials after Kim Jong-IL Era (북한 테러범죄의 변화양상에 따른 대응방안 -김정일 정권 이후 고위층 권력 갈등을 중심으로)

  • Byoun, Chan-Ho;Kim, Eun-Jung
    • Korean Security Journal
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    • no.39
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    • pp.185-215
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    • 2014
  • Since North Korea has used terror crime as a means of unification under communism against South Korea, South Korea has been much damaged until now. And the occurrence possibility of terror crime by North Korean authority is now higher than any other time. The North Korean terror crimes of Kim Il Sung era had been committed by the dictator's instruction with the object of securing governing fund. However, looking at the terror crimes committed for decades during Kim Jung Il authority, it is revealed that these terror crimes are expressed as a criminal behavior because of the conflict to accomplish the power and economic advantage non powerful groups target. This study focused on the power conflict in various causes of terror crimes by applying George B. Vold(1958)'s theory which explained power conflict between groups became a factor of crime, and found the aspect by ages of terror crime behavior by North Korean authority and responding plan to future North Korean terror crime. North Korean authority high-ranking officials were the Labor Party focusing on Juche Idea for decades in Kim Il Sung time. Afterwards, high-ranking officials were formed focusing on military authorities following Military First Policy at the beginning of Kim Jung Il authority, rapid power change has been done for recent 10 years. To arrange the aspect by times of terror crime following this power change, alienated party executives following the support of positive military first authority by Kim Jung Il after 1995 could not object to forcible terror crime behavior of military authority, and 1st, 2nd Yeongpyeong maritime war which happened this time was propelled by military first authority to show the power of military authority. After 2006, conservative party union enforced censorship and inspection on the trade business and foreign currency-earning of military authority while executing drastic purge. The shooting on Keumkangsan tourists that happened this time was a forcible terror crime by military authority following the pressure of conservative party. After October, 2008, first military reign union executed the launch of Gwanmyungsung No.2 long-range missile, second nuclear test, Daechung marine war, and Cheonanham attacking terror in order to highlight the importance and role of military authority. After September 2010, new reign union went through severe competition between new military authority and new mainstream and new military authority at this time executed highly professionalized terror crime such as cyber/electronic terror unlike past military authority. After July 2012, ICBM test launch, third nuclear test, cyber terror on Cheongwadae homepage of new mainstream association was the intention of Km Jung Eun to display his ability and check and adjust the power of party/military/cabinet/ public security organ, and he can attempt the unexpected terror crime in the future. North Korean terror crime has continued since 1980s when Kim Jung Il's power succession was carried out, and the power aspect by times has rapidly changed since 1994 when Kim Il Sung died and the terror crime became intense following the power combat between high-ranking officials and power conflict for right robbery. Now South Korea should install the specialized department which synthesizes and analyzes the information on North Korean high-ranking officials and reinforce the comprehensive information-collecting system through the protection and management of North Korean defectors and secret agents in order to determine the cause of North Korean terror crime and respond to it. And South Korea should participate positively in the international collaboration related to North Korean terror and make direct efforts to attract the international agreement to build the international cooperation for the response to North Korean terror crime. Also, we should try more to arrange the realistic countermeasure against North Korean cyber/electronic terror which was more diversified with the expertise terror escaping from existing forcible terror through enactment/revision of law related to cyber terror crime, organizing relevant institute and budget, training professional manpower, and technical development.

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