• Korean Deer Journal
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• v.10 no.1
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• pp.8-8
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• 2005

미국산 사슴고기 수입 `진위` 논란 - 중국, 한국 녹용수입제도 `시비` - 관세청, 불법녹용 단속 강화 - 군 훈련소음 피해 국가가 배상해야

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.177-213
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• 2011

The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.23-30
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• 2001

The Financial Cost in construction industry today is tend to increasing the burden of business management on account of lowered profit due to the mege-competition and decreasing investment of construction, multi-interfacing. system in it's attribute and various unreasonable governeing enactments. It is becoming the most important aspects for the management of construction business on how to preserve the profit from the various risks. The ultimate aims of this study is to pursue the contractual equity between the parties by establishing the fundamentals of framework for the compensation of Financial Charges through the review of the precedent studies and analysis of inquiries. As a result of the study, improvable measures for any practical inequality and/or institutional defects of current public contract system in recovering the Financial Cost incurred to Contractor are delivered as below; (1) $\lceil$Working Rules for Construction Industry Accounting Standards$\rfloor$ shall be amended and supplemented so as the incurred interest to be recognized as an operative cost by live return over the collection period. (2) The long-term phase contract system of which is enforcing contractor to bear the certain losses shall be diminished and/or abolished gradually. (3) The unreasonable legislations on compensation for financial cost in contract conditions shall be improved in response to practical circumstances. (4) The use of Critical-Path Method for Time Management shall be activated together with EVMS. (5) Independent application of Contract Enactments for construction industry shall be adopted.

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.201-201
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• 2017

• 한국공간정보시스템학회:학술대회논문집
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• 1999.06a
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• pp.181-189
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• 1999

21세기 무한경쟁시대에서 국가경쟁력을 확보하기 위하여 현재 도로교통상황을 추정하고, 화물차의 공차(空車)를 줄이고, 차량운행상태를 관리할 필요성이 부각되었다. 본 연구에서는 실시간 교통정보산출 및 활용을 위하여 국가수치기본도에 GPS을 응용하는 기법을 제시하였다. 구체적으로는 GIS기능 중 하나인 공간결합(Spatial Join)기능을 활용하여 Map Matching, 통행시간추정 및 차량운행 관리기법 등을 제시하였다. 최종적으로는 제시된 기법을 서울시 강남구 지역일대에 시범적으로 적용시켜 보았다.

• Proceedings of the Korean Information Science Society Conference
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• 2010.06c
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• pp.99-104
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• 2010

정부는 미래의 성장잠재력을 확충하기 위해 국가경쟁력의 핵심인 과학기술에 대한 재정투자규모를 지속적으로 확대하고 있다. 지속적인 R&D투자 확대의 결과로 국가 중요핵심기술 개발이 활발히 이루어지고 있어, 이에 대한 보안관리 또한 중요시 부각되어 금년부터 국가과학기술위원회는 조사 분석 시 보안과제 현황을 조사하는 등의 노력을 기울이고 있다. 그러나, 보안과제의 경우 엄격한 보안대책 요구등의 행정부담 증가의 이유로 인하여 활성화되지 못하고 있는 실정이다. 이에 본 논문에서는 '09년도 보안과제에 대한 현황분석 및 연구 애로사항을 조사하고, 보안과제에 대한 일선 연구자들의 적극적인 참여를 유도하기 위한 핵심 지원방안을 AHP(Analytic Hierarchy Process) 기법을 통하여 설계하여 보안과제 활성화를 위한 주요 의사결정의 도구로 활용한다.

• Korean small business review
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• v.42 no.1
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• pp.19-41
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• 2020

In Korea, punitive damages were introduced in the 2011 Fair Transactions in Subcontracting Act(FTSA), and in 2019 the Patent Act, Trade Secret Protection Act(TSPA), Industrial Technology Protection Act(ITPA), and Mutually Beneficial Cooperation Act(MBCA). In punitive damages, the judgment of 'intentional' is especially important, and it is necessary to refer to US precedents since there is no accumulated case. Major Company can avoid intentional counseling through the advice of lawyers, but SMEs may have to punish punitive damages due to a lack of awareness of the system. In the case of TSPA, ITPA, FTSA, and MBCA, except for Patent Act, the provisions related to proof of damage have not been well maintained yet. Therefore, the data submission order system of these laws needs to be revised to the level of patent Act need to be. TSPA needs to be amended in the future to estimate the amount of the royalties in estimating the amount of damages so that it can receive the 'reasonably' estimated amount rather than the usual amount. On the other hand, ITPA, FTSA, and MBCA do not have any provisions for the estimation of damages. Besides, it is difficult to evaluate the technology value in the case of leakage or deodorization of new technologies. Therefore, valuation needs to be carried out by a credible institution along with the development of a model for calculating damages.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.67-100
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• 2017

Throughout the history of the aviation industry, from its origins in the $20^{th}$century to the present, accidents have always occurred. This paper deals with the legal liability of air traffic controllers, who represent one of the human factors causing these accidents. Though controller negligence turns out to be a main cause of the accident, Korea does not have additional judical case, since it was firstly declared that controller negligence was accountable for the air traffic accident in 1971. As such, we examine the liability of air traffic controllers as public officers. This paper looks not only at the role of air traffic controllers and pilots in accidents, but also at the applicability of controller liability in the context of Korean law. We determine that despite the high-stress environment, air traffic controllers must share in the responsibility to provide safe air navigation. Therefore, they cannot avoid legal liability.

• Journal of the Korean Society for Marine Environment & Energy
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• v.12 no.2
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• pp.104-110
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• 2009

This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.