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The Current Status of the Warsaw Convention and Subsequent Protocols in Leading Asian Countries (아시아 주요국가(主要國家)들에 있어서의 바르샤바 체제(體制)의 적용실태(適用實態)와 전망(展望))

  • Lee, Tae-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.147-162
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    • 1989
  • The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

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The Reserch on Actual Condition of Crime of Arson Which Occurs in Korea and Its Countermeasures (방화범죄의 실태와 그 대책 - 관심도와 동기의 다양화에 대한 대응 -)

  • Choi, Jong-Tae
    • Korean Security Journal
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    • no.1
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    • pp.371-408
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    • 1997
  • This article is the reserch on actual condition of crime of arson which occurs in Korea and its countermeasures. The the presented problem in this article are that (1) we have generally very low rate concern about the crime of arson contrary to realistic problems of rapid increase of crime of arson (2) as such criminal motives became so diverse as to the economic or criminal purpose unlike characteristic and mental deficiency of old days, and to countermeasure these problems effectively it presentation the necessity of systemantic research. Based on analysis of reality of arson, the tendency of this arson in Korea in the ratio of increase is said to be higher than those in violence crime or general fire rate. and further its rate is far more greater than those of the U.S.A. and Japan. Arson is considered to be a method of using fire as crime and in case of presently residence to be the abject, it is a public offense crime which aqccompany fatality in human life. This is the well It now fact to all of us. And further in order to presentation to the crime of arson, strictness of criminal law (criminal law No, 164 and 169, and fire protection law No. 110 and 111) and classification of arsonist as felony are institutionary reinforced to punish with certainty of possibility, Therefore, as tendency of arson has been increased compared to other nations, it is necessary to supplement strategical policy to bring out overall concerns of the seriousness of risk and damage of arson, which have been resulted from the lack of understanding. In characteristics analysis of crime of arson, (1) It is now reveald that, in the past such crime rate appeared far more within the boundary of town or city areas in the past, presently increased rate of arsons in rural areas are far more than in the town or small city areas, thereby showing characteristics of crime of arson extending nation wide. (2) general timetable of arson shows that night more than day time rate, and reveald that is trait behavior in secrecy.(3) arsonists are usually arrested at site or by victim or report of third person(82,9%).Investigation activities or self surrenders rate only 11.2%. The time span of arrest is normally the same day of arson and at times it takes more than one year to arrest. This reveals its necessity to prepare for long period of time for arrest, (4) age rate of arson is in their thirties mostly as compared to homicide, robbery and adultery, and considerable numbers of arsons are in old age of over fifties. It reveals age rate is increased (5) Over half of the arsonists are below the junior high school (6) the rate of convicts by thier records is based on first offenders primarily and secondly more than 4 time convicts. This apparently shows necessity of effective correctional education policy for their social assimilation together with re-investigation of human education at the primary and secondary education system in thier life. The examples of motivation for arosnits, such as personal animosity, fury, monetary swindle, luscious purpose and other aims of destroying of proof, and other social resistance, violence including ways of threatening, beside the motives of individual defects, are diverse and arsonic suicide and specifically suicidal accompany together keenly manifested. When we take this fact with the criminal theory, it really reveals arsons of crime are increasing and its casualities are serious and a point as a way of suicide is the anomie theory of Durkheim and comensurate with the theory of that of Merton, Specifically in the arson of industrial complex, it is revealed that one with revolutionary motive or revolting motive would do the arsonic act. For the policy of prevention of arsons, professional research work in organizational cooperation for preventive activities is conducted in municipal or city wise functions in the name of Parson Taskforces and beside a variety of research institutes in federal government have been operating effectively to countermeasure in many fields of research. Franch and Sweden beside the U.S. set up a overall operation of fire prevention research funtions and have obtained very successful result. Japan also put their research likewise for countermeasure. In this research as a way of preventive fire policy, first, it is necessary to accomodate the legal preventitive activities for fire prevention in judicial side and as an administrative side, (1) precise statistic management of crime of arson (2) establishment of professional research functions or a corporate (3) improvement of system for cooperative structural team for investigation of fires and menpower organization of professional members. Secondly, social mentality in individual prospect, recognition of fires by arson and youth education of such effect, educational program for development and practical promotion. Thirdly, in view of environmental side, the ways of actual performance by programming with the establishment of cooperative advancement in local social function elements with administrative office, habitants, school facilities and newspapers measures (2) establishment of personal protection where weak menpowers are displayed in special fire prevention measures. These measures are presented for prevention of crime of arson. The control of crime and prevention shall be prepared as a means of self defence by the principle of self responsibility Specifically arsonists usually aims at the comparatively weak control of fire prevention is prevalent and it is therefore necessary to prepare individual facilities with their spontaneous management of fire prevention instead of public municipal funtures of local geverment. As Clifford L. Karchmer asserted instead of concerns about who would commit arson, what portion of area would be the target of the arson. It is effective to minister spontaveously the fire prevention measure in his facility with the consideration of characteristics of arson. On the other hand, it is necessary for the concerned personnel of local goverment and groups to distribute to the local society in timely manner for new information about the fire prevention, thus contribute to effective result of fire prevention result. In consideration of these factors, it is inevitable to never let coincide with the phemonemon of arsons in similar or mimic features as recognized that these could prevail just an epedemic as a strong imitational attitude. In processing of policy to encounter these problems, it is necessary to place priority of city policy to enhancement of overall concerns toward the definitive essense of crime of arson.

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Brand Equity and Purchase Intention in Fashion Products: A Cross-Cultural Study in Asia and Europe (상표자산과 구매의도와의 관계에 관한 국제비교연구 - 아시아와 유럽의 의류시장을 중심으로 -)

  • Kim, Kyung-Hoon;Ko, Eun-Ju;Graham, Hooley;Lee, Nick;Lee, Dong-Hae;Jung, Hong-Seob;Jeon, Byung-Joo;Moon, Hak-Il
    • Journal of Global Scholars of Marketing Science
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    • v.18 no.4
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    • pp.245-276
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    • 2008
  • Brand equity is one of the most important concepts in business practice as well as in academic research. Successful brands can allow marketers to gain competitive advantage (Lassar et al.,1995), including the opportunity for successful extensions, resilience against competitors' promotional pressures, and the ability to create barriers to competitive entry (Farquhar, 1989). Branding plays a special role in service firms because strong brands increase trust in intangible products (Berry, 2000), enabling customers to better visualize and understand them. They reduce customers' perceived monetary, social, and safety risks in buying services, which are obstacles to evaluating a service correctly before purchase. Also, a high level of brand equity increases consumer satisfaction, repurchasing intent, and degree of loyalty. Brand equity can be considered as a mixture that includes both financial assets and relationships. Actually, brand equity can be viewed as the value added to the product (Keller, 1993), or the perceived value of the product in consumers' minds. Mahajan et al. (1990) claim that customer-based brand equity can be measured by the level of consumers' perceptions. Several researchers discuss brand equity based on two dimensions: consumer perception and consumer behavior. Aaker (1991) suggests measuring brand equity through price premium, loyalty, perceived quality, and brand associations. Viewing brand equity as the consumer's behavior toward a brand, Keller (1993) proposes similar dimensions: brand awareness and brand knowledge. Thus, past studies tend to identify brand equity as a multidimensional construct consisted of brand loyalty, brand awareness, brand knowledge, customer satisfaction, perceived equity, brand associations, and other proprietary assets (Aaker, 1991, 1996; Blackston, 1995; Cobb-Walgren et al., 1995; Na, 1995). Other studies tend to regard brand equity and other brand assets, such as brand knowledge, brand awareness, brand image, brand loyalty, perceived quality, and so on, as independent but related constructs (Keller, 1993; Kirmani and Zeithaml, 1993). Walters(1978) defined information search as, "A psychological or physical action a consumer takes in order to acquire information about a product or store." But, each consumer has different methods for informationsearch. There are two methods of information search, internal and external search. Internal search is, "Search of information already saved in the memory of the individual consumer"(Engel, Blackwell, 1982) which is, "memory of a previous purchase experience or information from a previous search."(Beales, Mazis, Salop, and Staelin, 1981). External search is "A completely voluntary decision made in order to obtain new information"(Engel & Blackwell, 1982) which is, "Actions of a consumer to acquire necessary information by such methods as intentionally exposing oneself to advertisements, taking to friends or family or visiting a store."(Beales, Mazis, Salop, and Staelin, 1981). There are many sources for consumers' information search including advertisement sources such as the internet, radio, television, newspapers and magazines, information supplied by businesses such as sales people, packaging and in-store information, consumer sources such as family, friends and colleagues, and mass media sources such as consumer protection agencies, government agencies and mass media sources. Understanding consumers' purchasing behavior is a key factor of a firm to attract and retain customers and improving the firm's prospects for survival and growth, and enhancing shareholder's value. Therefore, marketers should understand consumer as individual and market segment. One theory of consumer behavior supports the belief that individuals are rational. Individuals think and move through stages when making a purchase decision. This means that rational thinkers have led to the identification of a consumer buying decision process. This decision process with its different levels of involvement and influencing factors has been widely accepted and is fundamental to the understanding purchase intention represent to what consumers think they will buy. Brand equity is not only companies but also very important asset more than product itself. This paper studies brand equity model and influencing factors including information process such as information searching and information resources in the fashion market in Asia and Europe. Information searching and information resources are influencing brand knowledge that influences consumers purchase decision. Nine research hypotheses are drawn to test the relationships among antecedents of brand equity and purchase intention and relationships among brand knowledge, brand value, brand attitude, and brand loyalty. H1. Information searching influences brand knowledge positively. H2. Information sources influence brand knowledge positively. H3. Brand knowledge influences brand attitude. H4. Brand knowledge influences brand value. H5. Brand attitude influences brand loyalty. H6. Brand attitude influences brand value. H7. Brand loyalty influences purchase intention. H8. Brand value influence purchase intention. H9. There will be the same research model in Asia and Europe. We performed structural equation model analysis in order to test hypotheses suggested in this study. The model fitting index of the research model in Asia was $X^2$=195.19(p=0.0), NFI=0.90, NNFI=0.87, CFI=0.90, GFI=0.90, RMR=0.083, AGFI=0.85, which means the model fitting of the model is good enough. In Europe, it was $X^2$=133.25(p=0.0), NFI=0.81, NNFI=0.85, CFI=0.89, GFI=0.90, RMR=0.073, AGFI=0.85, which means the model fitting of the model is good enough. From the test results, hypotheses were accepted. All of these hypotheses except one are supported. In Europe, information search is not an antecedent of brand knowledge. This means that sales of global fashion brands like jeans in Europe are not expanding as rapidly as in Asian markets such as China, Japan, and South Korea. Young consumers in European countries are not more brand and fashion conscious than their counter partners in Asia. The results have theoretical, practical meaning and contributions. In the fashion jeans industry, relatively few studies examining the viability of cross-national brand equity has been studied. This study provides insight on building global brand equity and suggests information process elements like information search and information resources are working differently in Asia and Europe for fashion jean market.

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E-Commerce in the Historical Approach to Usage and Practice of International Trade ("무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)")

  • Tsubaki, Koji
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.224-242
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    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

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Changes in Domestic Perception of Overseas Korean Cultural Heritage Explored through Exhibitions Held in Korea (국내 전시 사례로 본 국외 소재 한국 문화재에 대한 국내의 인식 변화)

  • Shin Soyeon
    • Bangmulgwan gwa yeongu (The National Museum of Korea Journal)
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    • v.1
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    • pp.330-355
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    • 2024
  • There are two main perspectives in Korea on Korean cultural heritage located overseas: one views it as items that need to be repatriated since they were scattered abroad under unfortunate historical circumstances. The other considers them as a means to more widely promote Korea's culture and long history. A shift in perspective has gradually been taking place in the decades since Korea's liberation from Japanese colonial rule in 1945. This can be noted through three major types of exhibitions. The first type is exhibitions of repatriated cultural heritage that showcase items that were illegally removed from the country but later returned or otherwise acquired through purchase or donation. The Special Exhibition of Returned Cultural Heritage, which was held in 1966 on the occasion of the normalization of diplomatic relations between the Republic of Korea and Japan, emphasized the legitimacy of reclaiming cultural properties that were illegally removed from Korea during the period of Japanese colonial rule. Around the 1990s, special exhibitions of private donations were held, which also highlighted the legitimacy of repatriation. The special exhibition of the Oegyujanggak Uigwe (Royal Protocols of the Joseon Dynasty from the Outer Royal Library) held in 2011 was seen as an opportunity to raise public interest in repatriation, heal the wounds of history, and restore the nation's cultural pride. The second type of exhibition involves borrowing and displaying overseas Korean cultural heritage in accordance with a theme as a means to reenergize and provide a comprehensive view of Korean culture. The exhibitions National Treasures from the Goryeo Dynasty in 1995 and National Treasures from the Early Joseon Dynasty in 1997 (both held at the Hoam Museum of Art) and the Masterpieces of Goryeo Buddhist Painting held at the National Museum of Korea in 2010 underscored the importance of overseas Korean cultural heritage for exploring Korean cultural history. The third type is special exhibitions on the history of the collection of Korean cultural heritage. With Korea's economic growth in the 1980s and the increase in exhibitions and the number of galleries featuring Korean cultural heritage in overseas museums in the 1990s, interest in the history of acquisition also grew. Exhibitions like The Korean Collection of the Peabody Essex Museum in 1994 and Korean Art from the United States in 2012 introduced overseas galleries focused on Korean art and the diverse history of collecting Korean cultural properties. They also examined the perception of Korean art in the United States. These efforts heightened public interest in establishing and supporting Korean galleries abroad. The initiation of more systematic surveys and research on Korean cultural heritage located abroad and the contribution of overseas Korean cultural heritage to the enhancement of the local understanding and promotion of Korean culture have resulted in changes to the perception of overseas Korean cultural heritage in Korea.

Analysis of Adolescent Awareness of Radiation: Marking the First Anniversary of the Fukushima Nuclear Accident (청소년의 방사선 인식도 분석: 일본 후쿠시마 원전사고 1주년 계기)

  • Park, Bang-Ju
    • Journal of Radiation Protection and Research
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    • v.37 no.2
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    • pp.75-83
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    • 2012
  • Marking the first anniversary of the Fukushima nuclear accident, which took place on March 11th, 2011, the level of adolescent awareness and understanding of radiation was surveyed, and the results were then compared with those for adults with the same questionnaires conducted at similar times. A qualitative survey and frequency analysis were made for the design of the study methodology. Those surveyed were limited to 3rd grade middle school students, 15 years of age, who are the future generation. The questionnaire, which is a survey tool, was directly distributed to the students and 2,217 answers were analysed. The questionnaires were composed of 40 questions, and it was found that Cronbach's coefficient was high with 'self awareness of radiation' at 0.494, 'risk of radiation' at 0.843, 'benefit of radiation' at 0.748, 'radiological safety control' at 0.692, 'information sources of radiation' at 0.819, and 'impacts of Fukushima accident'. The results of the survey analysis showed that the students' knowledge of radiation was not very high with 67.4 points (69.5 points for adults) calculated on a maximum scale of 100 points (converted points). The impacts of the Fukushima nuclear accident were found to be less significant to adolescents than adults, and the rate of answer of "so" or " very so" in the following questions demonstrates this well. It was also shown that the impacts of the Fukushima accident to adolescents were comparatively low with 27.0% (38.9% for adults) on the question of "attitude changed against nuclear power due to the Fukushima accident," 65.7%(86.6% for adults) on the question of "the damages from the Fukushima accident was immeasurably huge," and 65.0% (86.3% for adults) on "the Fukushima accident contributed to raising awareness on the safety of nuclear power plants". The adolescents had a high rate of "average" answers on most of the questions compared with adults, and it can be construed that this resulted from adolescent awareness of radiation not being firmly rooted on themselves. This study was the first of its kind for surveying adolescents regarding the level of awareness of radiation after the Fukushima accident, and the results were compared with the survey results of adults, and they are expected to greatly contribute toward establishing a radiation policy by the government in the future.

Buddhist Sculptures from Seongbulsa Temple in Hwanghae-do Province as Seen through Gelatin Dry Plates and Archival Materials from the Collection of the National Museum of Korea (국립중앙박물관 소장 유리건판과 기록자료로 본 황해도 성불사(成佛寺)의 불교조각)

  • Heo Hyeonguk
    • Bangmulgwan gwa yeongu (The National Museum of Korea Journal)
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    • v.1
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    • pp.278-305
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    • 2024
  • Gelatin dry plate photographs dating to the Japanese colonial era and the official documents from the Japanese Government-General of Korea Museum in the collection of the National Museum of Korea are significant materials documenting cultural heritage in North Korea before it was severely damaged in 1950 during the Korean War. There has been an increase in recent years in studies of Buddhist sculptures in North Korea based on these photographs and documents. This paper presents some new comments on the Buddhist sculptures at Seongbulsa Temple in Hwangju, one of the most famous temples in Hwanghae-do Province, based on the related existing research outcomes. This paper aims to facilitate a more comprehensive understanding of the Buddhist sculptures at Seongbulsa Temple by chronicling its history based on historical records, examining its current status, and exploring in detail the production dates and backgrounds of the Buddhist sculptures featured on gelatin dry plates. Prior to Korea's liberation from Japan in 1945, Seongbulsa housed at least seven sculptural items: two Bodhisattva statues, four Buddha statues, and a triad. Two items are from the early Goryeo period, one is from the late Goryeo period, three are from the early Joseon period, and one is from the late Joseon period. Among them, two surviving items are noteworthy. One is the early Goryeo-era Stone Seated Bhaishajyaguru Buddha photographed in Eungjinjeon Hall at Seongbulsa Temple. A close examination of a schematic drawing of the sculpture's pedestal made at the time it was photographed reveals that its material accords with the materials used for the headless Stone Seated Bhaishajyaguru Buddha and pedestal currently found in the old Sangwonam Hermitage site in the Inner Geumgang Valley of Jeongbangsan Mountain. This accordance could mean that the statue is a new significant example of early Goryeo Buddhist sculpture in North Korea. The other notable sculpture is the Gilt-bronze Seated Amitabha Buddha Triad created in 1454 (the second year of the reign of King Danjong) and discovered in Geungnakjeon Hall at Seongbulsa. This statue is currently in the collection of the Sariwon History Museum in Hwanghae-do Province. It is an important example of a dated small gilt-bronze Buddhist statue from the early Joseon period found in North Korea. This paper is a case study of Buddhist sculptures in North Korea, focusing on Seongbulsa Temple. Further utilization of the National Museum of Korea's gelatin dry plates will contribute to developing the study of the history of Korean Buddhist sculpture.

How to Reflect Sustainable Development, exemplified by the Equator Principles, in Overseas Investment (해외투자(海外投資)와 지속가능발전 원칙 - 프로젝트 파이낸스의 적도원칙(赤道原則)을 중심으로 -)

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.27-56
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    • 2006
  • Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

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A Study on the Cultural Landscapes of Scenic Sites on 『Joseon myeongseungsiseon(朝鮮名勝詩選)』 at the Japanese Colonial Period - A Case of Cheonan, Chungnam Province - (일제강점기 『조선명승시선(朝鮮名勝詩選)』에 나타나는 명승고적의 문화경관 연구 - 충청남도 천안을 사례로 -)

  • Lee, Hang-Lyoul
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.37 no.2
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    • pp.40-53
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    • 2019
  • This study was conducted to investigate the changes in Scenic Spots by utilizing the "Sinjeungdonggukyeojiseungram(新增東國輿地勝覽)" and "Joseonhwanyeoseungnam(朝鮮?與勝覽)" to interpret "Joseonmyeongseungsiseon(朝鮮名勝詩選, 1915)". By examining the historical context when "Joseonmyeongseungsiseon" was published, it documented the Japanese's memories of 'Sino-Japanese War(淸日戰爭)' in 1894, which implies the 'policy of assimilation' by the Japanese Government-General of Korea after the Japanese annexation of Korea(1910). Detailed information about the author 'Narushima Sagimura(成島鷺村)' can be found in preface. In the "Joseonmyeongseungsiseon", it dedicates most of the part in describing the Scenic Spot especially in 'Anseong Do (15 lines)', where has the memories of war such as the 'First Sino-Japanese War'. The number of Scenic Spots, commonly mentioned in both "Sinjeungdonggukyeoji seungram" and "Joseonhwanyeoseungnam" in Cheonan province are 13 in total. Most of the content contains a similar structure. But 'Honggyeongwon(弘慶院)' and 'Seonghwanyeok(成歡驛)' has both the common Joseon Dynasty landscape point of view, and the additional historical context which are about the 'Jeongyujaeran(丁酉再亂)' or 'First Sino-Japanese War' consequently enlightens the 'placeness' of the Scenic Spots. Among the newly described Scenic Spots, 'Anseongdo(安城渡)' is the part that focuses on the memory of the 'Anseongcheon Battle' that gave Japan its first defeat in the Sino-Japanese War. Especially, by introducing the poetry of 'Sinobu Shunpei' it maximizes the appreciation through emphasizing the direct correlation between placeness and the poem itself. While the Joseon Dynasty poems are 10 pieces in total and their title and the subject matters are all related to historical spots, and the appreciation also maximizes when fully interpreted with understanding the historical context. However, it's contextual meanings are neglected by dividing the actual structures into separate pages. When looking at the location of famous historic sites, they come in many different types, considering the location, meaning, size, and conditions surrounding them. It appears as a service space for travelers, a place for sightseeing, relaxation or return, a temple space for paying respects or memorial services, a fortress facility for defense and protection, or a fishing area for wages, and an old battlefield. Especially, it is noted that the area is diverse as the cultural landscape of Cheonan, given that the battle space between the hermitage and the Donghangnongmin(東學農民) is shared with each other. It is necessary to establish policies for the preservation and restoration of local cultural assets based on these points in the future.

A Study of Growth Plan and the existing designed Community Businesses in Gangwon-do - Social businesses and town businesses in Gangwon-do - (커뮤니티 비지니스 지정 현황과 발전방안 제언 - 강원도 사회적기업과 마을기업을 중심으로 -)

  • Bae, Jung Nam;Park, Roh Gook;Ji, Kyoung Bae
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.8 no.2
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    • pp.75-82
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    • 2013
  • This study was carried out to contribute to the self-help and sustainability of grassroots business in Gangwon-do. To achieve this, after setting up the concept of community business, understanding the current designating status of community business and analyzing the business content and the business promotion system, I tried to analyze the continuing factors of businesses and shops, which are more than hundred years old, in Japan and seek a solution to the sustainability of community business in the province. The community business in the province, which is designated and operated, is like this; 86 preliminary social businesses, 62 town businesses, 38 social businesses. The total comes to 186. The preliminary social businesses and the social businesses are assigned more in urban area and the manufacturing sector and educational field have a lot of business contents. When it comes to the business promotion system, there are many incorporated companies and limited companies. While the town businesses are assigned more in county area, the agricultural food field and cultural world have a lot of business contents. When it comes to the main participant of business, the agricultural corporations took the first place overwhelmingly. Especially, I found out that the main participants of community business consist of 38 voluntary associations, which is 20.4 %, and we need to make up for the specialty deficiency in business management. In order to keep the continuity of community business in the province, we could achieve the results of manpower development through the case analysis research, securing good materials which can give the consumers confidence, increasing the quality of the products, maintaining high technical skills, keeping up the tradition of business and demanding forecasting. I think a successive research efforts will be required for securing good materials and increasing the quality of the products in tandem with the local community. And also we need to establish a supporting & operating system through the liaison between the business & academic world, business & administration, and business & business for securing a management specialty as an industrialist.

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