Breaking Down Institutional Rigidity: Japan’s Evolving Military Policy

Joe Phillips 사단법인 한국평화연구학회 2006 평화학연구 Vol.7 No.2

More than 60 years after World War II’s end, Japan, the world’s second largest economy, lacks the ability and policy to project significant military power overseas. While Neorealism provides a rational for Japan's free-riding on U.S. power, it provides an equally good rational for Japan having an autonomous power-projection capability. Japan's domestic politics, though once offering a persuasive explanation for the LDP's failure to develop a more geographically expansive military, does not explain that failure since the 1980's when the domestic climate became more accepting of Japanese military power. This article theorizes that Japan's decision-making has functioned as a ‘Limited Problem Solver’ with economically-oriented ‘standard operating procedures’ constraining the choices and information available to top decision-makers in security matters. These procedures were rooted in the post-World War II dominance of economic bureaucrats and the conservative parties' fears after the war that more militarist policies would lead to a leftist government. The procedures appeared to have become SOPs because, even after the political reasons for them receded in the 1980s, Japan failed to develop an independent power-projection capability. Several case studies are examined.

Park Tae-hwan v. The Korean Olympic Committee: The Breakdown of Sports Jurisprudence in Korea

Joe Phillips,Suk-Jun Lim 한국중재학회 2016 중재연구 Vol.26 No.3

Park Tae-hwan, the Korean Olympic gold medal swimmer, was suspended for eighteen months by the International Swimming Federation (FINA) in September 2014. Park completed his suspension in March 2016, but the Korea Olympic Committee (KOC), relying on its Article 5.6, then prohibited him from joining the national team for an additional three years for the same doping violation. The KOC’s penalty exceeded that provided by the World Anti-Doping Code, which governs the Olympics and most international sports federations, and contravened well-established precedent from the Court of Arbitration for Sport (CAS). The KOC, along with the Korea Swimming Federation, maintained the suspension until decisions by the Seoul Eastern District Court and CAS forced them to retract the penalty. We describe the sports regulations and arbitration decisions governing the Park case, how each side used the law to support their positions, the flaws in the KOC’s legal analysis, and the case’s resolutions by the Korean court and CAS. Finally, because this legal conflict has damaged the KOC’s reputation, created uncertainty over the committee’s doping penalties, and undercut the authority of the World Anti-Doping Code and the CAS in Korea, we recommend institutional changes in Korea’s sports jurisprudence.

Park Tae-hwan v. The Korean Olympic Committee: The Breakdown of Sports Jurisprudence in Korea

Phillips, Joe,Lim, Suk-Jun The Korean Association of Arbitration Studies 2016 중재연구 Vol.26 No.3

Park Tae-hwan, the Korean Olympic gold medal swimmer, was suspended for eighteen months by the International Swimming Federation (FINA) in September 2014. Park completed his suspension in March 2016, but the Korea Olympic Committee (KOC), relying on its Article 5.6, then prohibited him from joining the national team for an additional three years for the same doping violation. The KOC's penalty exceeded that provided by the World Anti-Doping Code, which governs the Olympics and most international sports federations, and contravened well-established precedent from the Court of Arbitration for Sport (CAS). The KOC, along with the Korea Swimming Federation, maintained the suspension until decisions by the Seoul Eastern District Court and CAS forced them to retract the penalty. We describe the sports regulations and arbitration decisions governing the Park case, how each side used the law to support their positions, the flaws in the KOC's legal analysis, and the case's resolutions by the Korean court and CAS. Finally, because this legal conflict has damaged the KOC's reputation, created uncertainty over the committee's doping penalties, and undercut the authority of the World Anti-Doping Code and the CAS in Korea, we recommend institutional changes in Korea's sports jurisprudence.

Opportunity and Motivation in Explaining Japanese Women’s Economic and Social Conditions

Joe Phillips 21세기정치학회 2004 21세기 정치학회보 Vol.14 No.3

Japanese women’s economic and social conditions generally lag behind those of women in western societies despite Japan’s 60 years of liberal democracy allowing the free speech, organization, and protest that should have pressured the Japanese government to create a more gender‐equal society. This article proposes that Japanese women’s relatively inferior conditions have resulted from (1) the absence, during the pre-war authoritarian era, of a political opportunity to effectively organize and protest the conditions and (2) the absence, during Japan’s post-war democracy, of the severe, patent economic and social deprivations that drove western feminists to organize into powerful groups able to accomplish more general gender equality. Because one of these independent variables has been absent in the pre- and post-war periods, the model suggests that Japanese women did not develop an organizational force that may have pressured the state to improve the condition of women to same the degree seen in western societies.

Twenty-First Century Political Science Epistemology

Joe Phillips 21세기정치학회 2004 21세기 정치학회보 Vol.14 No.1

The explanatory power of rational choice and area studies methodologies is considered. The article concludes that political science needs both methodologies operating in a pluralistic coexistence. The article also proposes techniques for strengthening area studies’ methodological rigor to address challenges from rational choice proponents.

Koreans and Foreigners: Public Discourse on Nation and Ethnicity in South Korea

Joe Phillips,Joseph Yi,Seon-Joo Kim 연세대학교 동서문제연구원 2016 동서연구 Vol.28 No.2

This article explores how public discourse in South Korea, expressed through academic publications, mainstream media, and social media, is reimagining relations between Koreans and different nationalities and ethnic groups. Since the country’s independence (1948), the paradigmatic image is one of Koreans unified and righteous in their relations with often-morally problematic foreigners: this is commonly termed the ‘ethnic-nationalist’ model. A more recent, ‘multicultural’ model of public discourse does not challenge the stereotype of virtuous Koreans, but re-imagines foreigners and migrants, from less-developed countries, as socially vulnerable and deserving the support of native Koreans at home and abroad. This elite narrative of the ‘pitiful foreigner’ is fiercely contested by non-elite, nationalist-minded publics, and, interestingly, critiqued by some academic and media elites and even migrants. The ‘ethnic-nationalist’ discourse of righteous Koreans is challenged by some scholars, activists, and writers, who discuss the nation’s complex past and present. We reveal that this evolving debate challenges fixed stereotypes of ‘Koreans’ and ‘foreigners,’ promoting more complex portraits of these groups. We also consider whether the debate contributes to a Korean liberalism model of public discourse, which imagines people as complex individuals with equal rights and duties.

이제는 대량살상무기를 실제로 보유하고 있는 국가에 대해 눈을 돌릴 때 - 북한의 핵 위협에 대한 해결책 : 이제는 대량살상무기를 실제로 보유하고 있는 국가에 대해 눈을 돌릴 때

Joe Phillips 한국지역사회연구소 2004 지역사회 Vol.48 No.-

A Comparison Study of Guests' Hotel Selection Attributes Based on Hotel Characteristics

Phillips Joe(필립스조),Sung Hyup Hyun(현성협) 한양대학교 관광연구소 2011 觀光硏究論叢 Vol.23 No.1

기존의 호텔경영학 연구들은 이론적/경험적 접근법으로 고객들이 호텔을 선택하는 속성들을 도출해냈으며, 13개의 호텔선택 속성들이 널리 쓰이고 있다. 하지만 호텔산업은 고유한 특성을 가진 여러 가지 호텔들로 분류될 수 있고, 그 대표적인 분류중의 하나가 (1) 비즈니스 호텔, (2) 공항호텔, (3) 저가 호텔이다. 이들 호텔들은 각기 고유한 특성을 가지고 있고, 따라서 고객들의 호텔선택 속성에는 차이가 존재한다. 또한, 고객들의 성별, 나이, 그리고 소득에 따라서 호텔선택 속성은 달라진다. 기존의 연구들은 이러한 호텔의 특성 및 고객의 인구 통계학적 특성을 무시한채 13개의 호텔선택 속성을 다루어왔고, 이것이 선행연구의 한계점으로 지적되어 왔다. 따라서, 본 연구의 목적은: (1) 고객의 호텔선택 속성을 세가지 다른 호텔들을 비교하여 고찰하고, (2) 성별, 나이, 그리고 소득수준을 고려하였을 때, 고객의 호텔선택 속성에 차이가 있는지 검증하며, (3) 실제로 호텔들이 이러한 선택속성들을 얼마나 잘 충족시켜 고객들의 만족도를 이끌어내고 있는지, 그리고 마지막으로 (4), 고객 만족도가 실제 재방문에 유의한 영향을 미치는지를 IPA 분석기법을 중심으로 분석하려 한다. 본 연구를 위해 미국의 비즈니스 호텔, 공항호텔, 그리고 저가 호텔을 실제 방문한 투숙객으로부터 설문지가 배포되어 데이터가 수거되었다. 데이터 분석결과에 근거하여 효과적인 호텔경영을 위한 실무적 시사점들이 논의되었다. Previous hotel management research derived attributes for guests` hotel selection based on theoretical and empirical research. However, prior research has largely failed to recognize three discrete categories of hotels: the business hotel, airport hotel, and economy hotel. Each has distinct operational characteristics. Also understudied is the variance in hotel selection caused by gender and age. Due to these weaknesses in current hotel research, hotel owners and managers cannot apply findings to day-to-day management. Consequently, this project`s objectives were to: (1) examine guests` hotel selection attributes based on three distinct hotel segments (the business hotel, airport hotel, and economy hotel); (2) examine differences in selection attributes across gender and age, (3) examine how well the hotels satisfy consumer expectations across these attributes, and lastly (4) how the guests` satisfaction level actually related to revisit intentions. We applied IPA analysis after collecting data from guests staying at each of the three hotel types. The research reveals key implications for hotel management.

Litigating Personal Data Disclosures against Information and Telecommunication Service Providers: A Korea-US Comparison

( Phillips Joe ),( Se In Lee ) 서울대학교 아시아태평양법연구소 2015 Journal of Korean Law Vol.15 No.1

Millions of Korean and US consumers have sought remedies for the unauthorized disclosure of personal information by Internet-based information and telecommunication service providers (ITSPs). Courts and legislatures in Korea and the United States are fashioning legal claims and remedies to address these disclosures. We contribute to this evolution with a unique comparative analysis of the law in Korea and the United States, across three areas: (1) the definition of ‘personal information;’ (2) possible causes of action; and (3) available remedies. We compare and contrast the two countries’ legal approaches to disclosures, enriching our understanding of both jurisdictions. This article will help scholars, courts, and practitioners in Korea and the United States find an appropriate balance between consumer protection and commercial freedom. We conclude our paper by suggesting ways to improve the law’s effectiveness and efficiency in addressing the exponential technological developments in information communication.

Social Science`s Role in Disaster Management: Explaining the Fukushima Nuclear Catastrophe

Joe Phillips 연세대학교 동서문제연구원 2012 동서연구 Vol.24 No.3

The paper seeks to better understand Japan`s public policy decision-making by exploring government regulation of the nuclear power industry, particularly the Fukushima Daiichi nuclear plant. The plant`s safety features collapsed in March 2011 after suffering an earthquake and tsunami. Four relevant characteristics of Japanese political decision-making are discussed. First, Japan`s political organizations fit the ``Limited Problem Solver``(LPS) model where organizations tend to deal with immediate problems rather than long-term issues, apply a narrower solution set, and operate under information constraints. Second, Japanese history has inhibited a society-wide discussion of unclear power`s risks. Finally, the Japanese government`s approaches to this issue, as to most crises, have been compensation to the affected parties and informal negotiated solutions, rather reform and punitive actions. The paper suggests that this governance model has led to deficiencies in Japan`s regulation of the nuclear power industry, contributing to the Fukushima disaster. More broadly, the paper demonstrates the role of social science in understanding disaster risk management.