• Title/Summary/Keyword: 과실 피해

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A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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Proposal for Amendment of the Basic Environmental Policy Act ('BEPA') Article 31 (환경정책기본법 제31조 무과실책임규정의 개정방안)

  • Koh, Moon-Hyun
    • Journal of Environmental Policy
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    • v.8 no.4
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    • pp.125-147
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    • 2009
  • The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.

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A Study on the Legal Issues relating to the Aircraft Accident and its Investigation (항공기사고와 사고조사에 관한 법적 제 문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.137-162
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    • 2004
  • Generally the aircraft accident caused a great loss of lives, severe property damages including aircraft's total loss and thus, affect enormous emotional and economic damages to the public. We, therefore, should try every efforts to prevent the re-occurrence of aircraft accident by examining the cause of accident closely and discovering it through aircraft accident investigation. Though the object of an accident investigation is not to apportion blame but to discover a cause or causes of an accident to prevent future accidents, the cause of an accident would play a vital role in determining the liability of the carrier, legal relationship with the third party and jurisdiction, etc. in the aviation litigation. Therefore, it is very important that aircraft accident investigation are carried out by a professional and independent agency. Also, it needs for us to be careful in applying investigation results in the courts not to be deterrent to discovering the cause of accident. Korea now has the Aviation Accident Investigation Agency Board under the Korean Ministry of Construction and Transportation, but unfortunately it is often pointed out that it lacks professionalism and independency due to the bureaucratism of the Government. We, therefore, should establish a professional and independent aircraft accident investigation agency like United States' NTSB and reflect the issues mentioned-above on the new Act.

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Photosynthetic Rates of 'Campbell Early' Organic Grape as Affected by Degree of Leaf Spot Disease Caused by Pseudocercospora vitis (포도갈색무늬병 발병수준이 '켐벨얼리' 유기포도의 광합성률에 미치는 영향)

  • Ryu, Young-Hyun;Bae, Su-Gon;Yeon, Il-Kwon;Kim, Kwang-Sup;Park, Sang-Jo;Park, Jun-Hong;Park, Jong-Ho
    • Korean Journal of Organic Agriculture
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    • v.24 no.4
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    • pp.773-786
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    • 2016
  • Grape cultivar "Campbell Early" account for 70% of table grape in Korea and Leaf Spot Disease caused by Pseudocercospora vitis is one of a major disease in greenhouse and field grown area during late summer season in both of organic and conventional grape farm. Leaf spot disease can cause lowing of sugar content in fruit and vine growth and very difficult to control especially in organic field. Photosynthesis ability and chemical components are compared between leaf spot disease infected leaves with degree of necrotic area. With increase of disease necrotic area, $CO_2$ differential value, water use efficiency and $CO_2$ assimilation and respiration ratio are decreased proportionally and on the other hand, stomatal conductance value is not affected by disease necrotic area. Chlorophyll contents are also decreased by 50% in heavily infected leaves and imply decrease of chlorophyll contents is a major source of photosynthesis ability decline. With increase of disease necrotic area in leaves, total nitrogen and phosphate contents are decreased and on the other side, total carbon, potassium, calcium and magnesium contents are increased. From this research, we can infer that not only chemical control program is important in control of leaf spot disease but also fertilizing program is significant especially in organic agronomical control of fungal disease in grape cultivar "Campbell Early".

Management of Grapholita molesta and Carposina sasakii Using Mating Disruption in Non-Chemical or Organic Apple Orchards (무농약·유기재배 사과원에서 교미교란제를 이용한 복숭아순나방과 복숭아심식나방의 방제)

  • Lee, Sun-Young;Choi, Kyung-Hee;Do, Yun-Su;Lee, Soon-Won;Yoon, Changmann;Kim, Gil-Hah
    • Korean journal of applied entomology
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    • v.53 no.2
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    • pp.103-110
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    • 2014
  • The efficacy of mating disruptors MD-IKR (Isomate-KR) and MD-CR (Confuser-R) for controlling Grapholita molesta (Busck) and Carposina sasakii (Matsumura) was evaluated in non-chemical or organic apple orchards. For G. molesta, the efficacy of MD-IKR and MD-CR in Chilgok was 99.8 and 99.8% (2011) and 92.4 and 96.7% (2012), respectively, showing different mating reduction values. The efficacy of MD-IKR and MD-CR in Cheongsong was 99.1 and 92.8% (2011) and 99.6 and 99.6% (2012), respectively. For C. sasakii, the efficacy of MD-IKR and MD-CR was 100% at Chilgok and Cheongsong in 2011 and 2012. Evaluation of the shooting and fruit damage rates showed that the efficacy of the mating disruptors in controlling G. molesta and C. sasakii was better than that of the non-control. However, there was no significant control difference between using the mating disruptors and the conventional control. No difference in the efficacy of the two mating disruptors was observed. We believe that MD-IKR could be an alternative to MD-CR.

The Effect of Anaerobic Fermentation Treatment of Wheat bran on the Root-Knot Nematodes and the Quality of Melons in Plastic Film House Soil (밀기울 토양 혐기발효 처리가 멜론의 뿌리혹선충 방제 및 품질에 미치는 영향)

  • Park, Dong-Kum;Kim, Hong-Lim;Park, Kyoung-Sub;Huh, Yun-Chan;Lee, Woo-Moon;Lee, Hee-Ju
    • Journal of Bio-Environment Control
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    • v.19 no.4
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    • pp.311-316
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    • 2010
  • This study was conducted to investigate the effect of anaerobic fermentation of wheat bran to prevent root-knot nematodes which are infected in plastic house due to over 10 years continuous cultivation of fruits and vegetables. Anaerobic fermentation treatment of wheat bran was done for 20 days by mixture of 2,000 kg fresh wheat bran per 10 are and soil with water in 30 cm soil depth. Chemical treatment of fosthiazate was done by mixture of 6 kg soil for 7 days. Both treatments show suppression of density of rootknot nematodes, especially in anaerobic fermentation treatment. Anaerobic fermentation treatment keeps the low level of root-knot nematode density until 90 days of cultivation and also showed good effect of melon growth. Related with death percentage of melon plant, anaerobic fermentation treatment shows only 3% and also large size of quality fruit but control 65%. Anaerobic fermentation treatment of wheat bran have proved to control the level of root-knot nematodes instead of synthetic chemicals for at least one cropping season and it showed good effect to fruit quality.

Population Trends and temperature-Dependent Development of Pear Psylla, Cacopsylla pyricola(Foerster) (Homoptera: Psyllidae) (꼬마배나무이(Cacopsylla pyricola(Foerster)) 발생소장 및 온도별 발육기간)

  • 김동순;조명래;전흥용;임명순;이준호
    • Korean journal of applied entomology
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    • v.39 no.2
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    • pp.73-82
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    • 2000
  • Two Psyllidae species of Cacopsylla pyricola (Foerster) and C. pyrisuga (Foerster)damaging pear trees have been reported in Korea. However, their ecological characteristics and damagepatterns have not been evaluated yet. To establish basic control measures of C. pyricola, field phenology,overwintering ecology, seasonal fluctuation and temperature-dependent development of C. pyricola wereexamined. C. pyricola overwintered under the bark scale of pear trees as winter form adults and theymoved to fruiting twigs from mid-February. Honeydew produced by C. pyricola nymphs and adults asthey feed caused serious black sooty mold on leaves and fruits. The seasonal occurrence of C. pyricolawas different every year. In 1993, characterized by cold temperature and heavy precipitation, C. pyricolapopulation was maintained highly during growing season. However, the population was decreased rapidlyfrom early July in 1994, year of hot and dry weather condition. In 1995, year of average temperature, thedensity of C. pyricola population was decreased during hot months of July and August, and rebuilt up inSeptember and October. The development periods of C. pyricola eggs were 13.33 days at 15"C, 9.32 daysat 20$^{\circ}$C, 7.82 days at 25"C, 6.60 days at 30$^{\circ}$C, and 7.75 days at 35$^{\circ}$C. The development periods ofnymphs were 33.75 days at 15OC, 23.77 days at 20$^{\circ}$C, 15.21 days at 25"C, and 17.40 days at 30$^{\circ}$C. Theirdevelopment periods and mortalities were increased in higher temperatures. The parameters of nonlineardevelopment model, Weibull and linear development models of Cacopsylla pyricola were estimated.models of Cacopsylla pyricola were estimated.

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Effects of Dryness, Moisture Interruption, and Temperature on Germination of Diaporthe citri Pycnidiospores on Yuzu (건조, 습윤중단 및 온도가 유자 검은점무늬병원균 Diaporthe citri 포자 발아에 미치는 영향)

  • Hong, Sung-Jun;Yun, Sung-Chul
    • Research in Plant Disease
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    • v.24 no.2
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    • pp.132-137
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    • 2018
  • Melanose caused by Diaporthe citri is a serious disease on yuzu fruits. Moisture is the most important to infect after the pycnidiospores are released. In order to understand how dryness and moisture interruption affect on germination, the conidial suspensions on slide glass were dried for 0-48 h. For the moisture interruption experiment, moisture was supplied for 10 h then interrupted for 0-6 h depending on the treatments. Germinations on the treatments with longer than 15 h of dryness were less than 10%. And those with longer than 3 h of moisture interruption were less than 30%. Compared with other fungal phytopathogens, D. citri was xero-sensitive. Germination on yuzu feel medium was measured under 15, 20, 25, 30, $35^{\circ}C$ with 3, 6, 9, 12, 15, 18, and 24 h of wetness. The minimum wetness periods achieving 10% and 50% germinations were 4.5 and 13 h, and the optimum temperatures were $29.1^{\circ}C$ and $29.2^{\circ}C$, respectively. From the yuzu medium study, the regression equations to be required wetness period achieving 10% and 50% germinations on various temperatures were $Wh_{50%}=0.1093{\times}T^2-6.3762{\times}+106.08$ and $Wh_{10%}=0.082{\times}T^2-4.8025{\times}T+74.861$.

Application of Seismic Tomography to the Inverstigation of Underground Structure in Gupo Train Accident Area (구포 기차 전복사고 지역의 지반상태 파악을 위한 탄성파 토모그래피 응용)

  • 김중열;장현삼;김유성;현혜자;김기석
    • The Journal of Engineering Geology
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    • v.5 no.1
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    • pp.1-20
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    • 1995
  • A train overturn accident occurred on March 1993 in the Gupo area, northern part of Pusan, unfortunately had taken a heavy toll of lives and caused a great loss of property as well. The reasons for the subsidence of the basement under the railroads, which presumed to be the main cause of the accident, have been investigated from many different angles, including conventional geotechnical investigation methods. The deduced nuin reasons of the subsidence were: 1. blasting for tunnel excavation (NATM) at about 39 meter under the railroads, and 2. unexpected change of bedrock conditions along the direction of tunnel. But this accident was derived nrranlv from the lack of geological and geotechnical information under railroad area because it was impossible to drill beneath the railroads. This paper introduces a new geophysical survey techniqueseisrnic geotomography, and shows some results of the method applying to investigate the underground structure of the accident area. This method not only overcomes the unfavourable environment which many conventional investigation methods cannot face, but produces an image of underground structure with high resolution. Furthermore, the outputs from geotomogaphic analysis could provide very valuable in-situ basic parameters (like seismic velocities, elastic moduli, etc.) which is essential to the design and construction.

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Management Strategies for Apolygus spinolae(Hemiptera: Miridae) in Grapevine Yards (포도원에서 애무늬고리장님노린재(Apolygus spinolae(Meyer-Dur))방제체계)

  • 김동순;조명래;전흥용;임명순;최용문
    • Korean journal of applied entomology
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    • v.41 no.1
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    • pp.67-73
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    • 2002
  • Studies were conducted to investigate the control effects of several insecticides on Apolygus(=Lygocoris) spinolae(Meyer-Dur) and to develop its management strategies in grapevine yards. Of insecticides which were applied by farmers in commercial grapevine yards, chlorpyrifos, parathion, fenvalerate, and esfenvalerate$.$fenitrothion showed good control effects against A. spinolae. In designed field experiments of fenitrothion and chlorpyrifos for the evaluation of A. spinolae control, both insecticides showed high control efficacy of 94.8 and 91.6%, respectively. The damage of A. spinolae was examined in a grapevine yard, where five different combinations of application timing and number were treated with fenitrothion to assess yield losses (average cluster weight) by A. spinolae. There were no significant differences among average cluster weights of sprayed vines; 466.0 g in sprayed vines on 2 to 3 leaves unfolded stage, 460.7g in sprayed vines on flower separating stage, 465.0 g in sprayed vines each on 2 to 3 leaves unfolded and flowers separating stage, and 487.4 g in sprayed vines each on 2 to 3 leaves unfolded, flowers separating and fruit set stage. Weights of fruit clusters of unsprayed vines was significantly lower than those of sprayed vines. Based on yield and spray cost, chemical control on 2 to 3 leaves unfolded stage produced higher net income than each spray on 2 to 3 leaves unfolded and flower separating stage (i.e., two times of spray), and produced similar net income as each spray on 2 to 3 leaves unfolded, flowers separating and fruit set stage (i.e., three times of spray). Thus, the 2 to 3 leaves unfolded stage was economical spray timing to controlA. spinolae in grapevine yards. Also, management strategies for A. spinolae were discussed.