• 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.

• Journal of Korea Technology Innovation Society
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• v.13 no.1
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• pp.68-98
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• 2010

This study was conducted to analyze the results of the implementation of next-generation growth engine program that was promoted across all government agencies for five years from 2004 as part of a range of initiatives aimed at expanding the nation's economic growth potential. The results were analyzed in this study using five indices: program purpose and design; strategic planning; program management; program results; and pan-governmental agency cooperation and coordination. The results of the study include the following. First, regarding program purpose and design, it was found that consistent leadership in the promotion of the programs was insufficient as the relevant program promotion systems and financial resources were dispersed among governmental agencies, even though the objectives and validity of the programs were recognized. Second, with regard to strategic planning, it was found that although the program objectives and technical development strategy had been established at the beginning of the program, they were biased toward the technical objectives and mainly implemented by the technology suppliers. Third, regarding program management, it was found that the responsibility for general administration, ranging from task planning to policy improvement, was given to the appointed program director but that the system of cooperation among the agencies was insufficient to carry out the relevant tasks. Fourth, regarding the results of the program, it was difficult to understand the results consistently as the economic objectives were not clearly presented, even though the technical objectives were achieved despite the short implementation period of the program. Fifth, with regard to pan-governmental agency cooperation and coordination, it was found that the coordination organization whose remit was to implement the program was established pursuant to the Basic Law on Science and Technology, but that no detailed regulations or guidelines on the operation of the organization were drawn up. To efficiently plan and execute future pan-governmental agency R&D programs that are similar to the next-generation new growth engine program, various requirements should be met, namely, 1) joint planning and consistent program design among governmental agencies, 2) clarification of the program objectives and budget allocation system, 3) establishment of a pan-governmental agency program operation and assessment system, 4) formulation of a strategy for linking R&D with standardization, and 5) enactment of pan-governmental agency joint operation rules.

• Journal of Food Hygiene and Safety
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• v.32 no.1
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• pp.8-13
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• 2017

This study was conducted to develop an agent-based computing platform enabling simulation of on-farm produce contamination by enteric foodborne pathogens, which is herein called PPMCS (Preharvest Produce Microbial Contamination Simulator). Also, fecal contamination of preharvest produce was simulated using PPMCS. Although Agent-based Modeling and Simulation, the tool applied in this study, is rather popular in where socio-economical human behaviors or ecological fate of animals in their niche are to be predicted, the incidence of on-farm produce contamination which are thought to be sporadic has never been simulated using this tool. The agents in PPMCS including crop, animal as a source of fecal contamination, and fly as a vector spreading the fecal contamination are given their intrinsic behaviors that are set to be executed at certain probability. Once all these agents are on-set following the intrinsic behavioral rules, consequences as the sum of all the behaviors in the system can be monitored real-time. When fecal contamination of preharvest produce was simulated in PPMCS as numbers of animals, flies, and initially contaminated plants change, the number of animals intruding cropping area affected most on the number of contaminated plants at harvest. For further application, the behaviors and variables of the agents are adjustable depending on user's own scenario of interest. This feature allows PPMCS to be utilized in where different simulating conditions are tested.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

• Cartoon and Animation Studies
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• s.38
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• pp.145-176
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• 2015

In animation, 'laughter' is an important factor for the fun. Dreamworks' animation is a successful popular animation. It has four series and spin-off animations, and settled as a successful case that created fun with strategic use of parody throughout the productions. Most preceding studies on this animation have focused on its humor, parody, and satire. However, not many studies have discussed its independent comedy as a piece of animation that satisfies the needs of public. This study considered that viewers' desire to watch an animation comes from their fantasies to discuss the comedy of based on its animated characters. Animated characters communicate with the public with wits that ignore the rules of reality. The characters that do not exist in reality are created and animated to turn the world of reality upside down. The comedy in comes from the entertaining deformation of the society's fixed ideas and prejudices. It is a fun variation of the ideology behind fairy tales created by the Disney animations to challenge Disney in the animation market in reality, and twisted the world of fairy tales in the story to quench the thirst of the public. 'Shrek', a monstrous character, stands in the center of the story. A monstrous character that always played an anti-role has become the main character to break the rule of fairy tales. This is the subjectivation of anti-character. Second, it is a new anti-character with an exaggerated and distorted body. Lord Farquad, who looks abject compared to the monstrous character for a person with so much power and ambition, brings laughter. Third, it is the variation of various characters from fairy tales. The conventional fairy tale characters, both animals and non-living things, come out of the box and appear as humorous characters that bring life to the story. uses comedy characters in the process of reinterpreting the fixed ideas, prejudices, and ideologies of the real world created by fairy tales. I hope that it helps Korean animations establish a successful format for creating characters that bring life to the stories.

• The Journal of Art Theory & Practice
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• no.4
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• pp.77-104
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• 2006

The propaganda paintings in oil colors or in forms of posters made from 1949 to 1966 have gone through some changes experiencing the influence of the Soviet Union Art and discussion of nationalization, while putting political messages of the time in the picture planes. The propaganda paintings which have been through this process became an effective means of encouraging the illiterate people in political ideologies, production, and learning. Alike other propaganda paintings in different mediums, the ones which were painted in oil colors and in the form of posters have been produced fundamentally based on Mao Zedong's intensification of the literary art on the talks on literature at Yenan. Yet, the oil paintings and posters were greatly influenced by the socialist realism and propaganda paintings of the Soviet Union, compared to other propaganda paintings in different mediums. Accordingly, they were preponderantly dealt in the discussions of nationalization of the late '50s. To devide in periods, the establishment of People's Republic of China in 1949 as a diverging point, the propaganda paintings made before and after 1949 have differences in subject matters and styles. In the former period, propaganda paintings focused on the political lines of the Communists and enlightenment of the people, but in the latter period, the period of Cultural Revolution, the most important theme was worshiping Mao Zedong. This was caused by reflection of the social atmosphere, and it is shown that the propaganda painters had reacted sensitively to the alteration of politics and the society. On the side of formalities, the oil paintings and posters made before the Cultural Revolution were under a state of unfolding several discussions including nationalization while accepting the Soviet Union styles and contents, and the paintings made afterwards show more of unique characteristics of China. In 1956, the discussion about nationalization which had effected the whole world of art, had strongly influenced the propaganda paintings in oil colors more than anything. There were two major changes in the process of making propaganda paintings in oil colors. One was to portray lives of the Chinese people truthfully, and the other was to absorb the Chinese traditional styles of expression. After this period, the oil painters usually kept these rules in creating their works, and as a result, the subject matters, characters, and backgrounds have been greatly Sinicized. For techniques came the flat colored surface of the new year prints and the traditional Chinese technique of outlining were used for expressing human figures. While the propaganda paintings in oil colors achieved high quality and depth, the posters had a very direct representation of subject matters and the techniques were unskilled compared to the oil paintings. However, after the establishment of People's Republic of China, the posters were used more than any other mediums for propagation of national policy and participation of the political movements, because it was highly effective in delivering the policies and political lines clearly to the Chinese people who were mostly illiterate. The poster painters borrowed techniques and styles from the Soviet Union through books and exhibitions on Soviet Union posters, and this relation of influences constantly appears in the posters made at the time. In this way, like the oil paintings, the posters which have been made with a direct influence of the Soviet Union had developed a new, sinicised process during the course of nationalization. The propaganda paintings in oil colors or in forms of posters, which had undergone the discussion of nationalization, had put roots deep down in the lives of the Chinese people, and this had become another foundation for the amplification of influences of political propaganda paintings in the following period of Cultural Revolution.

• The Journal of the Acoustical Society of Korea
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• v.21 no.2
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• pp.199-210
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• 2002

In this paper, we carried out the study on speech recognition using the KM-Net topology design algorithm based on decision tree state-clustering to improve the performance of acoustic models in speech recognition. The Korean has many allophonic and grammatical rules compared to other languages, so we investigate the allophonic variations, which defined the Korean phonetics, and construct the phoneme question set for phonetic decision tree. The basic idea of the HM-Net topology design algorithm is that it has the basic structure of SSS (Successive State Splitting) algorithm and split again the states of the context-dependent acoustic models pre-constructed. That is, it have generated. the phonetic decision tree using the phoneme question sets each the state of models, and have iteratively trained the state sequence of the context-dependent acoustic models using the PDT-SSS (Phonetic Decision Tree-based SSS) algorithm. To verify the effectiveness of the above algorithm we carried out the speech recognition experiments for 452 words of center for Korean language Engineering (KLE452) and 200 sentences of air flight reservation task (YNU200). Experimental results show that the recognition accuracy has progressively improved according to the number of states variations after perform the splitting of states in the phoneme, word and continuous speech recognition experiments respectively. Through the experiments, we have got the average 71.5%, 99.2% of the phoneme, word recognition accuracy when the state number is 2,000, respectively and the average 91.6% of the continuous speech recognition accuracy when the state number is 800. Also we haute carried out the word recognition experiments using the HTK (HMM Too1kit) which is performed the state tying, compared to share the parameters of the HM-Net topology design algorithm. In word recognition experiments, the HM-Net topology design algorithm has an average of 4.0% higher recognition accuracy than the context-dependent acoustic models generated by the HTK implying the effectiveness of it.

• Journal of Astronomy and Space Sciences
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• v.26 no.4
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• pp.603-620
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• 2009

New Pochonka published in the eighteenth century of the Choson dynasty was composed of star-charts based on the new observations made by Jesuits in China and songs corrected a little bit from previous version of Pochonka. The asterisms in the previous Pochonka are listed in the same order to that in the Song dynasty's literature; while the asterisms in the new Pochonka are listed in accordance with Pu-tien-ko published in China after the Ming dynasty. The Chinese-style twelve-equatorial-section system is adopted in the new Pochonka, while in its song is adopted the zodiac system, which can be seen in the star-charts of previous version of Pochonka. The asterisms belonging to three or four neighboring lunar-mansions are drawn in one chart. Each chart covers asterisms not belonging to a certain range of right ascension, but to a certain lunar mansion. We estimate the forming era of the new Pochonka from the following facts; that the Ling-Tai-I-Hsiang-Chih was used to make charts and footnotes whose archetype can be found in the Chinese literature around A.D. 1700, that these Chinese books were imported into Choson in A.D. 1709, that the naming taboo to the emperor Khang-Hsi was used, that the order of Shen-Hsiu (參宿) was transposed with Tshui-Hsiu (자宿), and that the new Pochonka was substituted for the old version when the rules of Royal Astronomical Bureau was reformed in A.D. 1791. In conclusion, the parent sources of the charts and footnotes of the new Pochonka might be imported from the Ching dynasty around 1709 A.D. to form the new Pochonka between A.D. 1709 and A.D. 1791, and finally to be published in A.D. 1792. We discuss the possible future works to make a firm conclusion.

• Journal of Intelligence and Information Systems
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• v.17 no.3
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• pp.43-61
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• 2011

In this research, we propose a dynamic decision making using social context based on ontology. Dynamic adaptation is adopted for the high qualified decision making, which is defined as creation of proper information using contexts depending on decision maker's state of affairs in ubiquitous computing environment. Thereby, the context for the dynamic adaptation is classified as a static, dynamic and social context. Static context contains personal explicit information like demographic data. Dynamic context like weather or traffic information is provided by external information service provider. Finally, social context implies much more implicit knowledge such as social relationship than the other two-type context, but it is not easy to extract any implied tacit knowledge as well as generalized rules from the information. So, it was not easy for the social context to apply into dynamic adaptation. In this light, we tried the social context into the dynamic adaptation to generate context-appropriate personalized information. It is necessary to build modeling methodology to adopt dynamic adaptation using the context. The proposed context modeling used ontology and cases which are best to represent tacit and unstructured knowledge such as social context. Case-based reasoning and constraint satisfaction problem is applied into the dynamic decision making system for the dynamic adaption. Case-based reasoning is used case to represent the context including social, dynamic and static and to extract personalized knowledge from the personalized case-base. Constraint satisfaction problem is used when the selected case through the case-based reasoning needs dynamic adaptation, since it is usual to adapt the selected case because context can be changed timely according to environment status. The case-base reasoning adopts problem context for effective representation of static, dynamic and social context, which use a case structure with index and solution and problem ontology of decision maker. The case is stored in case-base as a repository of a decision maker's personal experience and knowledge. The constraint satisfaction problem use solution ontology which is extracted from collective intelligence which is generalized from solutions of decision makers. The solution ontology is retrieved to find proper solution depending on the decision maker's context when it is necessary. At the same time, dynamic adaptation is applied to adapt the selected case using solution ontology. The decision making process is comprised of following steps. First, whenever the system aware new context, the system converses the context into problem context ontology with case structure. Any context is defined by a case with a formal knowledge representation structure. Thereby, social context as implicit knowledge is also represented a formal form like a case. In addition, for the context modeling, ontology is also adopted. Second, we select a proper case as a decision making solution from decision maker's personal case-base. We convince that the selected case should be the best case depending on context related to decision maker's current status as well as decision maker's requirements. However, it is possible to change the environment and context around the decision maker and it is necessary to adapt the selected case. Third, if the selected case is not available or the decision maker doesn't satisfy according to the newly arrived context, then constraint satisfaction problem and solution ontology is applied to derive new solution for the decision maker. The constraint satisfaction problem uses to the previously selected case to adopt and solution ontology. The verification of the proposed methodology is processed by searching a meeting place according to the decision maker's requirements and context, the extracted solution shows the satisfaction depending on meeting purpose.

• Journal of Intelligence and Information Systems
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• v.24 no.3
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• pp.21-44
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• 2018

In recent years, the rapid development of internet technology and the popularization of smart devices have resulted in massive amounts of text data. Those text data were produced and distributed through various media platforms such as World Wide Web, Internet news feeds, microblog, and social media. However, this enormous amount of easily obtained information is lack of organization. Therefore, this problem has raised the interest of many researchers in order to manage this huge amount of information. Further, this problem also required professionals that are capable of classifying relevant information and hence text classification is introduced. Text classification is a challenging task in modern data analysis, which it needs to assign a text document into one or more predefined categories or classes. In text classification field, there are different kinds of techniques available such as K-Nearest Neighbor, Naïve Bayes Algorithm, Support Vector Machine, Decision Tree, and Artificial Neural Network. However, while dealing with huge amount of text data, model performance and accuracy becomes a challenge. According to the type of words used in the corpus and type of features created for classification, the performance of a text classification model can be varied. Most of the attempts are been made based on proposing a new algorithm or modifying an existing algorithm. This kind of research can be said already reached their certain limitations for further improvements. In this study, aside from proposing a new algorithm or modifying the algorithm, we focus on searching a way to modify the use of data. It is widely known that classifier performance is influenced by the quality of training data upon which this classifier is built. The real world datasets in most of the time contain noise, or in other words noisy data, these can actually affect the decision made by the classifiers built from these data. In this study, we consider that the data from different domains, which is heterogeneous data might have the characteristics of noise which can be utilized in the classification process. In order to build the classifier, machine learning algorithm is performed based on the assumption that the characteristics of training data and target data are the same or very similar to each other. However, in the case of unstructured data such as text, the features are determined according to the vocabularies included in the document. If the viewpoints of the learning data and target data are different, the features may be appearing different between these two data. In this study, we attempt to improve the classification accuracy by strengthening the robustness of the document classifier through artificially injecting the noise into the process of constructing the document classifier. With data coming from various kind of sources, these data are likely formatted differently. These cause difficulties for traditional machine learning algorithms because they are not developed to recognize different type of data representation at one time and to put them together in same generalization. Therefore, in order to utilize heterogeneous data in the learning process of document classifier, we apply semi-supervised learning in our study. However, unlabeled data might have the possibility to degrade the performance of the document classifier. Therefore, we further proposed a method called Rule Selection-Based Ensemble Semi-Supervised Learning Algorithm (RSESLA) to select only the documents that contributing to the accuracy improvement of the classifier. RSESLA creates multiple views by manipulating the features using different types of classification models and different types of heterogeneous data. The most confident classification rules will be selected and applied for the final decision making. In this paper, three different types of real-world data sources were used, which are news, twitter and blogs.