• Title/Summary/Keyword: 국가배상

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A Study on the Modernization of the Rome Convention and its Issues - Focusing on the recent ICAO Legal Committee's Discussion (로마조약의 현대화와 쟁점에 관한 고찰 - 최근 ICAO법률위원회의 논의를 중심으로 -)

  • Kim, Jong-Bok;Maeng, Sung-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.33-54
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    • 2008
  • The damage to the third parties caused by aircraft in flight shall be fully compensated to the extent that the damage didn't occur unless the damage is caused by innocent victims. However, related international Conventions limit operator's liability of compensation to certain levels, which is one of the main reasons that such international Conventions have not been ratified by many aviation leading States. However, international community has agreed, since 9/11, that the accidents caused by terrorists and the protection of the third parties need to be addressed more actively. And the amendment of the related Rome Conventions has been drafted under the ICAO leadership by the special committee that was organized to modernize the related international Conventions. This study addresses the issues related to the draft Conventions, the draft Convention for Damage caused by Aircraft to Third Parties, in case of Unlawful Interference and the draft Convention on compensation for Damage caused by Aircraft to Third Parties. It is expected that it takes considerable time to reach an agreement on all the issues from appropriate apportionment of liability between the government and operator to the details regarding the management of Supplementary Compensation Mechanism. Under the circumstances where the needs for the air transportation as well as threats of terrorism increase, the new international Convention should be prepared taking into consideration the balance between the protection of the innocent third parties and that of air transport industry including air carriers. Along with this, the Republic of Korea should actively participate in the process of amendment to the related international Conventions to protect the life and property of the people from anticipated damages.

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대법원 판결 다이제스트 - 대법원 공정거래사건 판결 요지

  • Yun, In-Seong
    • Journal of Korea Fair Competition Federation
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    • no.158
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    • pp.84-103
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    • 2011
  • 대법원이 2011년 6월에 선고한 공정거래 관련 판결 중 지면 관계로 지난 호에 미처 소개하지 못한 것들과 2011년 7월부터 8월까지 사이에 선고한 공정거래 관련 판결 중 주요한 것들을 소개한다. 이 사이에 대법원은 행정, 민사, 형사 전 분야에 걸쳐 상당히 의미 있는 판결들을 많이 선고하였다. 그 중 배타조건부 거래행위와 관련된 대법원 2011. 6. 10. 선고 2008두 16322 판결, 지로수수료 인상 합의와 관련된 대법원 2011.6.30. 선고 2009두 18677 판결, 군납유류 담합 입찰에 기한 국가의 손해배상청구와 관련된 대법원 2011.7.28. 선고 2010다18850 판결 등이 특히 중요한 의의를 가지고 있는 것으로 보인다.

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New Sensing Technology Trends in Electric Power Equipment (전력설비분야의 새로운 센싱 기술 동향)

  • Lee, Chang-Hoan;Yeo, Woon-Dong;Kim, Jae-Woo;Bae, Sang-Jin
    • Proceedings of the KIEE Conference
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    • 2004.04a
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    • pp.33-36
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    • 2004
  • 세계적으로 전기수요와 전기풀질의 중요성의 증대로 진력설비의 감시 및 보호를 위한 센싱기술에 대한 연구가 활발히 진행되고 있다. 그러나 기존의 전압 및 전류측정 장치인 철심형 변성기는 측정전압이나 전류가 증가될수록 전기적 절연설계가 어렵고 외형 부피가 커질 뿐만 아니라, 측정의 정확도, CT 철심의 자속포화로 인한 사고전류측정의 어려움 등의 문제점이나 단점을 가지고 있어서, 이를 해결하기 위해 센서기술의 개발이 진행되고 있다. 따라서 본 논문에서는 전력설비분야에서의 새로운 센싱기술에 대한 연구개발 동향 및 상용화동향을 분석하고, 이를 통해 국가 과학기술정보의 확산 및 국가 경쟁력 증대에 작으나마 도움이 되고자 한다.

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A Core Issues of Read-Time Traffic Information Acquisition Based on GIS and GPS Techniques (GIS와 GPS기법을 활용한 실시간 교통정보산출핵심요소)

  • Kim, Si-Gon;Bae, Sang-Hoon
    • Journal of Korea Spatial Information System Society
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    • v.1 no.1 s.1
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    • pp.69-78
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    • 1999
  • In the 21st century, called as unlimited competition era, the level of transportation service is a key factor to determine the degree of an international competitiveness. In order to get the better transportation service, a various of transportation infrastructures have to be constructed. An efficient transportation operation techniques are to be adopted as well. In this paper, a core factors of real time traffic information acquisition is suggested based on the national basic maps and GPS techniques. In detail, map matching and travel time estimation techniques are developed and applied to Kangnam area for case study.

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A Business Model Development System of National Research and Development Environment: The Case of Korean Land Spatialization Group (국가연구개발 환경에서의 비즈니스 모델 개발 체계: 지능형국토정보기술혁신사업을 중심으로)

  • Park, Seung-Wook;Hong, Jin-Won;Bae, Sang-Keun;Kim, Young-Soo
    • 한국벤처창업학회:학술대회논문집
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    • 2009.10a
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    • pp.51-78
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    • 2009
  • Nowaday, management of research and development(R&D) projects is focused on promotion of performance-centric R&D by market and customer-oriented R&D and commercialization, and this tendency is also appeared in national R&D projects. For the commercialization of R&D outcomes, market demand-centric R&D, establishment of commercialization plan in R&D planning and carrying out phase, and communication with external stakeholders are needed, and these activities can be performed more effectively by developing business model. However, systematical procedure for developing business model in national R&D environment haven't suggested by prior researches. Therefore, we propose a business model development system that is reflect characteristics of national R&D environment and perspectives of technology researchers and commercialization experts. Research result is expected to be usefully applied as a guideline for developing business model in national R&D projects.

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A Proposal of Business Model Development System for National Research and Development: Case of Korean Land Spatialization Group (국가 연구개발에 대한 비즈니스 모델 개발 체계 제안: 지능형국토정보기술혁신사업을 중심으로)

  • Hong, Jin-Won;Park, Seung-Wook;Bae, Sang-Keun;Kim, Young-Su
    • Information Systems Review
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    • v.12 no.2
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    • pp.167-187
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    • 2010
  • The governmental R&D projects have put a great emphasis on returns on R&D investment through development of market- and customer-oriented technologies and their commercialization. A successful commercialization of the technology developed from a R&D project relies on development of the technology intriguing customers, establishment of effective commercialization strategies throughout the stages of R&D planning and development, and interactive communication between the technology developer and a private company that will do a business with the technology. The business modeling helps accomplish the requirements for the successful commercialization. The past literature about technology commercialization does not provide a systematic procedure in developing a business model for the governmental R&D project. In this study, we proposed a systematic procedure developing a business model integrating peculiar characteristics of governmental R&D and viewpoints of technology developers and professionals of technology commercialization. It can be a useful guideline for developing a business model for the governmental R&D project.

A Study on a Business Model Development for National R&D (국가 R&D에서의 비즈니스 모델 개발에 대한 연구)

  • Bae, Sang-Keun;Park, Ji-Man;Kim, Byung-Guk
    • Journal of Korea Spatial Information System Society
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    • v.11 no.4
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    • pp.9-18
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    • 2009
  • R&D businesses lead by a government of each countries are recognized as important businesses that may affect the destinies of the nation. However, the process of developing a new business has not been so favorable as the process was primarily managed by engineers who concentrate on research development. The problem was solved by applying a business model regarding outcomes of a developed research. Yet it is difficult to apply the business model methods that are commonly used for enterprises to government's research businesses due to their unique research development characteristics. Therefore, it is developed a business model methodology for national R&D project in this study. In addition, the methodology applies to a sub-project of Korean Land Spatialization Program(KLSP) organized by Ministry of Land, Transport and Maritime Affairs to verify the possibility of practical application.

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A Study on the Contractor's Liability for Defect in Public Construction Project - through comparing Civil Law with Government Contract Law - (공공건설사업 하자에 대한 수급인의 책임에 대한 연구- 민법과 국가계약법령의 비교를 통하여 -)

  • Cho Young-Jun;Hyun Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.2 no.4 s.8
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    • pp.69-79
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    • 2001
  • Characteristics of Contactor's Defect Liability was too many discussed. But it's not clearly defined yet. Because recent Government Construction Projects are very complex and executed through long time, too many conflicts were appeared related to Contactor's Defect Liability. Therefore to analyse and to resolve the conflicts legal aspects of Contactor's Defect Liability stated in Civil Law and Government Contract Act was systematically compared. The result of this research is as follows : (1) Characteristic of Contactor's Defect must be regarded as a breach of Contract and be an incomplete contract implementation. (2) To decide the range of Damage, Characteristic of Defect must be regarded. (3) Contactor's Defect Liability must be effectual from the day of delivery. (4) Retainage must be added to secure the completion during the Contract Period and Defect Repairing Liability must be omitted in the Contract performance Security.

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A Study on Mental Injury Suffered by Passengers in International Air law (국제항공법상 정신적 손해에 관한 연구)

  • Cho, Hong-Je;Ahn, Jin-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.55-95
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    • 2010
  • The meaning and application of 'lesion corporelle' in the context of a variety of mental or psychic injuries is less clear, while there is very little disagreement about its literal translation. U.S. Court decisions since Floyd allow recovery for a range of claims involving emotional injury under Article 17; in some cases there is no recovery, while in others there is full recovery, depending on the allegations and the nexus between the alleged injury and any related or accompanying physical injury. Courts are in agreement that pure emotional injury is not compensable under the Convention. Most courts agree that emotional injury is not compensable in those cases where it has resulted only in physical manifestations such as weight loss or sleeplessness. At the same time, most courts generally agree that emotional injury is compensable if it proximately flows from a physical injury. The issue as to whether the courts would associate PTSD with bodily injury as envisioned in the present Warsaw structure or even the new regime reflected in the Convention proposed by ICAO would largely depend on the extent to which courts would be ready to embrace the compelling scientific findings with regard to mental distress and its application within the term 'bodily injury'. Taken together, these points when the current under Article 17 of the Warsaw Convention, 'physical injury' notion of 'mental injury' is to be extended. Of course, the current terms of the Warsaw Convention have been maintaining a precedent for many countries appear to have a statue of the original purpose of the treaty does not contribute to the diffusion. Therefore, in future treaties 'bodily injury', the term 'injury', the term 'personal injury' or 'health undermined' the term should be replaced or revised.

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A study on mandatory insurance for aircraft operators (항공보험 가입의무에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.169-197
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    • 2018
  • The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.