ISSN : 1225-6706
The government is trying to push ahead the legislation of goodwill in order toprevent landlords from capturing the goodwill created by the tenants. This is currentlybecoming a big issue for many people within the academia and also in theindustrial field. This Study is a small attempt to investigate - in the law and economicpoint of view - why the goodwill has recently become an issue whereas it hadbeen operated in the market customarily for several decades without any governmentintervention. The limits of the legislation will be explored by thorough review ofthe concept of goodwill, reason for its creation, and also by taking a closer lookat various types of goodwill. In addition, the two contrasting perspectives in thelaw scholars on goodwill legislation will be summarized. By outlining the currentlaw and economic perspective on goodwill, a hypothesis - in the perspective of consideringthe incentives of the landlord, tenant, and the realtor - will be made, statingthat goodwill has been irregularly increased through the rent regulation due to legislationof the Lease Protection Act, and the intensified competition among increasingnumber of realtors. Next, this will be checked from case studies of goodwilltransactions. As long as rent exists in the market, all economic players have theincentives to seek for an opportunistic behavior. A government intervention alienatedfrom the market calls for an alternative regulation. This is why legislators mustbe extra cautious about the ripple effect caused by the goodwill legislation.
In some researches on premium of Korea, there are many cases that referredto Japanese precedent or academic theory without criticism. Without comparingpremium of Korea and Japan in detail, however, might lead to possible academicerrors. Thus this study investigates real nature and special characteristics by comparinghistorical background, legal recognition and social recognition between Koreanand Japanese premium. The results of this study are summarized as follows. First, triggered by Korea’s independence, premium in Korea that had the samenature as Japan until the end of the Second World War has obtained differentcharacteristics. After the Korea’s independence, premium in Korea had been paidcontinuously as the same nature of previous one. However, nature of premium inJapan was changed just to the advantageous location of the building and a rewardby notification under the name of the Price Board of Japan. Second, premium ofKorea and Japan, which appeared in the legal recognition, have different naturefrom each other. According to the legal recognition, the premium in Korea usedto be the price for goodwill, not just limited to the price for advantageous locationof the building. On the other hand, premium in Japan has been mostly recognizedas the cost of the place’s profit which has to be paid to the landlord. Third, premiumof Korea and Japan, which appeared in the social recognition, have different naturefrom each other. According to the social recognition, the premium in Korea is usedto be the price for goodwill, not just limited to a price for advantageous locationof the building. On the other hand, based on social recognition in Japan, premiumhas been recognized as part of the rent.
This paper considers both some significances and limitations or problems of discourseof creative economy and creative city, discusses suggestions of theoretical advocatesand critical commentators to resolve these problems, and purposes dealinatedlabour and recreative festivals as new alternatives for realization of human creativity. A reason why theory or policy of creative economy and creative city has attractedmuch attention world-widely seems that it has its own normative aspects, that is,emphasizing human creativity, considering some conditions for creative city, andgiving priority to creativity and creative city over growth of (creative) economy. But the theory or policy of creative economy or creative city may result in seriousurban problems, including socio-spatial inequality, urban housing and environmentalproblems, and psychological stress and anxiety. Even though Florida has admittedthese problems, he suggests a self-contradictive method to solve them. Other manycritical researchers have recommended several types of alternatives, which can becategorized into theories of social economy, of urban environment, of public politicsand of socialist local government. These alternatives give some important insightsto get rid of limitations of creative economy and/or creative city theory and policy,they seem not to overcome entirely them. This paper suggests a new alternative,reconceptualizing creativity as a human potential ability to realize it through productionprocess with labour, and proposing dealienation of labour and recreativefestivalization of everyday life in order to recover the disappeared or distorted humancreativity in capitalist society.
This study is from the perspective of the place-based psychology and aims atunderstanding the links of Korean-American’s sense of place and their preferredactivities in North Korea. The Korean-American contributed to the establishmentof Pyongyang General Hospital, Pyongyang University of Science and Technology,actively engaged in human rights movement in North Korea, and preparing to proposethe North Kore Orphans Adoption Law to the Congress. The sense of placetoward North Korea is divided into four categories based of Korean American’sviewpoint of North Korea; ethnic topophilia, ethnic topophobia, other topophilia,other topophobia. This study tried to explain the NGO activities in view of theirsense of place and intense experiences in North Korea. It is found that ‘the ethnictopophilia group’ concentrates on various exchange programs and official aid activitiesgeared to unification, while ‘the other topophilia group’ is more for internationalaids and USA-North Korea exchanges seeing North Korea as a less-developed countryor a country of extreme poverty, ‘the ethnic topophobia group’ helping NorthKorean defectors and non-official aids activities, and ‘the other topophobia group’indifferent, sympathize with the hawkish attitude of the mainstream Americans supportingputting pressure on North Korea.
지난 2010년 겨울에 발생한 구제역은 전국 11개 시·도와 75개 시·군·구에서 발병되어 350여만 마리의 가축 피해에 따른 3조 원에 가까운 물적 피해를 남겼다. 그 피해과정을 살펴보면 구제역을 미리 예방하기 위한 조치는 미약하며, 특히 가축의 생활터전인 축사와 그 주변 지역에 대한 토지이용계획에 대한 조치는 전무한 실정임을 알 수 있다. 건축법에 의해 규제를 받는 축사는 건축물이지만 구제역 등을 예방하기 위한 환경개선이 이루어지지 않고 있고, 도로의 통제 및 농장과 마을에 대한 도시계획이나 토지이용측면에서의 예방계획이 제대로 되어 있지않은 것이 현실이다. 따라서 공간적 측면에서의 방역시스템의 구축과 정책적 지원은 천문학적인 경제적 손실과 농민들의 심리적인 타격을 미리 막을 수 있을 것이다. 본 연구에서는 구제역 방제를 위한 축사건축과 단지설계의 요소를 살펴보고,어떠한 공간적 방역시스템이 필요한지를 논의했다. 건축과 단지설계 차원에서의예방 및 방제가 연계해 이루어진다면 구제역과 같은 대규모의 가축질병과 피해를예방하는데 효과적일 것이다. 특히 구제역 축사 건축 및 단지설계와 연계해 정책이 이루어지고 이에 대한 재정적 지원과 법적 및 제도적 뒷받침이 속히 이루어져야 할 필요가 있다.
This paper examines the development of the Republic of Georgia through thelens of the NATO Membership Action Plan (MAP), namely its political andeconomic reforms, military development and territorial and border integrity. Georgia is attempting to realign with Western Europe and extract itself from theshadow of its former Soviet master. It sees NATO membership as its mostimportant strategic goal and its safest bet for integrating into the internationalcommunity. Despite improvements in its political, social and militarydevelopment, Georgia’s border disputes, territorial instability, and tensionsbetween Russia and Western Europe have left in doubt Georgia’s chances atentering NATO and holding onto control of its own destiny.