• Title/Summary/Keyword: 국가배상

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The Liability for Space Activity of Launching State of Space Object and Improvement of Korea's Space Policy (우주물체 발사국의 우주활동에 대한 책임과 우리나라 우주정책의 개선방향)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.295-347
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    • 2013
  • Korea launched the science satellite by the first launch vehicle Naro-ho(KSLV-1) at the Naro Space Center located at Oinarodo, Cohenggun Jellanamdo in August, 2009 and October, 2010. However, the first and second launch failed. At last, on January 30, 2013 the third launch of the launch vehicle Naro-ho has successfully launched and the Naro science satellite penetrated into the space orbit. Owing to the succeed of the launch of Naro-ho, Korea joined the space club by the eleventh turn following the United States, Russia, Japan and China. The United Nations adopted the Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1972, the Regislation Convention of 1976, and Moon Agreement of 1979. Korea ratified the above space-related treaties except the Moon Agreement. Such space-related treaties regulate the international liability for the space activity by the launching state of the space object. Especially the Outer Space Treaty regulates the principle concerning the state's liability for the space activity. Each State Party to the Treaty that launches or procures the launching of an object into outer space is internationally liable for damage to another State Party or to its natural or judicial persons by such object or its component parts on the earth, in air space or in outer space. Under the Liability Convention, a launching state shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The major nations of the world made national legislations to observe the above space-related treaties, and to promote the space development, and to regulate the space activity. In Korea, the United States, Russia and Japan, the national space-related legislation regulates the government's liability of the launching state of the space object. The national space-related legislations of the major nations are as follows : the Outer Space Development Promotion Act and Outer Space Damage Compensation Act of Korea, the National Aeronautic and Space Act and Commercial Space Launch Act of the United States, the Law on Space Activity of Russia, and the Law concerning Japan Aerospace Exploration Agency and Space Basic Act of Japan. In order to implement the government's liability of the launching state of space object under space-related treaties and national legislations, and to establish the standing as a strong space nation, Korea shall improve the space-related policy, laws and system as follows : Firstly, the legal system relating to the space development and the space activity shall be maintained. For this matter, the legal arrangement and maintenance shall be made to implement the government's policy and regulation relating to the space development and space activity. Also the legal system shall be maintained in accordance with the elements for consideration when enacting the national legislation relevant to the peaceful exploration and use of outer space adopted by UN COPUOS. Secondly, the liability system for the space damage shall be improved. For this matter, the articles relating to the liability for the damage and the right of claiming compensation for the expense already paid for the damage in case of the joint launch and consigned launch shall be regulated newly. Thirdly, the preservation policy for the space environment shall be established. For this matter, the consideration and preservation policy of the environment in the space development and use shall be established. Also the rule to mitigate the space debris shall be adopted. Fourthly, the international cooperation relating to the space activity shall be promoted. For this matter, the international cooperation obligation of the nation in the exploration and use of outer space shall be observed. Also through the international space-related cooperation, Korea shall secure the capacity of the space development and enter into the space advanced nation.

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A Study on Development of the Evaluation Model about Level of Security in National R&D Program (국가연구개발사업 연구보안수준 평가모델 개발에 관한 연구)

  • Bae, Sang Tae;Kim, Ju Ho
    • The Journal of Korean Association of Computer Education
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    • v.16 no.1
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    • pp.73-80
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    • 2013
  • Government promotes that the strategy of national R&D converts from catch-up R&D type to leading R&D type for the future growth and national competitiveness according to the recent paradigm shift in the research and development. So the many national researches about foundation, source and core technology are actively being made. As a result of these researches, the security has become an important part of success factor in R&D. And so various security diagnosis and evaluation is being conducted about national R&D program. Existing the research security evaluation models are classified domains in terms of security management and created evaluation indicators according to the domains. However the models are inappropriate in case of researchers doing self-diagnosis of research security. This paper set up the domains in aspect of research management and then proposed the evaluation indicator of research security according to the domains. The evaluation indicator model that is suggested can be utilized in self-diagnosis of research security effectively.

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A Study on the Construction the Application of Warsaw Convention Article 29 - From the U.S. Cases (바르샤바조약 제29조의 해석 및 적용에 관한 연구 - 미국판례를 중심으로)

  • Kim, Sun-Ei;Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.9-58
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    • 2005
  • The Warsaw Convention-officially denominated the "Convention for the Unification of Certain Rules Relating to International Transportation by Air"- is a major multilateral agreement governing the rights and responsibilities of passengers, consignor/consignee and air carriers in international transportation. Article 29(1) of the Warsaw Convention provides that the right to damages shall be extinguished if an action is not brought within 2 years, reckoned from the date of arrival at the destination, from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped. There has been disagreement as to the nature of this provision. It has been viewed on one hand as a statute of limitations, which may be tolled in appropriate circumstances. Some US Courts which have taken this approach read Article 29(2)-which states that the method of calculating the period of limitation shall be determined by the law of the court to which the case is submitted-as leaving to local law the determination of when the 2-year limitation period provided for in Article 29(1) runs. Therefore, they conclude, under Article 29(2), whenever state law would toll a state statute of limitations, the statute of limitations contained in Article 29(1) would be tolled as well. On the other hand, some other US courts have viewed the 2-year provision contained in Article 29(1) as a condition precedent to the right to bring suit, which will absolutely bar any action not brought within 2 years of the events giving rise to the action. These courts view Article 29(2) as providing only that the forum court should look to the law of the forum on the question whether the plaintiff has taken the necessary measures within the 2-year period to invoke that particular court's jurisdiction over the action. These courts have placed great weight on the "legislative" history of the Convention in reaching this position, noting in particular that the delegates to the Convention expressly considered and rejected a provision, which would have incorporated local tolling provisions.

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Legal Study for the KSLV launching - Products & Third Party Liability - (KSLV발사에 따른 제작 및 제3자피해 책임에 대한 우주법적 소고)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.169-189
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    • 2006
  • In 2007, KSLV(Korea Small Launching Vehicle) that we made at Goheung National Space Center is going to launch and promotes of our space exploration systematically and 'Space Exploration Promotion Act' was enter into force. 'Space Exploration Promotion Act' article 3, section 1, as is prescribing "Korean government keeps the space treaties contracted with other countries and international organizations and pursues after peaceful uses of outer space." The representative international treaties are Outer Space Treaty (1967) and Liability Convention (1972) etc. In Liability convention article 2, "A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The important content of the art. 2 is the responsible entity is the 'State' not the 'Company'. According by Korean Space Exploration Act art. 14, person who launches space objects according to art. 8 and art. 11 must bear the liability for damages owing to space accidents of the space objects. Could Korean government apply the Products Liability Act which is enter into force from July 1, 2002 to space launching person? And what is the contact type between Korea Aerospace Research Institute(KARl) and Russia manufacturer. Is that a Co-Development contract or Licence Product contract? And there is no exemption clause to waive the Russia manufacturer's liability which we could find it from other similar contract condition. If there is no exemption clause to the Russia manufacturer, could we apply the Korean Products Liability Act to Russia one? The most important legal point is whether we could apply the Korean Products Liability Act to the main component company. According by the art. 17 of the contract between KARl and the company, KARl already apply the Products Liability Act to the main component company. For reference, we need to examine the Appalachian Insurance co. v. McDonnell Douglas case, this case is that long distance electricity communication satellite of Western Union Telegraph company possessions fails on track entry. In Western Union's insurance company supplied to Western Union with insurance of $ 105 millions, which has the satellite regard as entirely damage. Five insurance companies -Appalachian insurance company, Commonwealth insurance company, Industrial Indemnity, Mutual Marine Office, Northbrook Excess & Surplus insurance company- went to court against McDonnell Douglases, Morton Thiokol and Hitco company to inquire for fault and strict liability of product. By the Appalachian Insurance co. v. McDonnell Douglas case, KARl should waiver the main component's product liability burden. And we could study the possibility of the adapt 'Government Contractor Defense' theory to the main component company.

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소 해면형 뇌증(일명 광우병) -해외발생 역학정보 및 위험도 분석-

  • 강영배;김용주;조동희;배상호
    • Journal of the korean veterinary medical association
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    • v.32 no.4
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    • pp.220-233
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    • 1996
  • 소 해면형 뇌증(Bovine Spongiform Encephalpathy; BSE)은 일명 광우병(mad cow disease)이라고도 불리우는 새로운 해외 가축전염병이며, 세계적인 희귀질병으로 아직까지 확실한 병인체가 밝혀져 있지도 않으며, 그렇기 때문에 면역 혈청학적 진단방법도 확립되어 있지 못할 뿐만아니라 예방백신의 개발 또한 불가능하기 때문에, 일단 감염되어 발병되면 치료대책 없이 100$\%$ 폐사되는 세기의 불치병이다. 본 편에서는 소 해면형 뇌증(BSE)과 관련, 국제수역사무국(OIE) 총회에 보고된 영국정부의 공식보고 자료(Dept of Health, MAFF, 1989) 및 최근의 보고자료(1994, 1995)를 기본으로 하고, 각 회원국의 보고자료(Animal Health Status in Member Countries)와 전산화 역학정보 자료(Handistatus) 등을 근거로 하여, 소 해면형 뇌증이 세계적으로 처음 보고된 1986년 이래 최근 (1996년 3월)까지의 해외발생 역학정보를 수집 분석하고, 아울러 최근 전염병 및 해충의 효과적인 관리를 위하여 새롭게 정립되어 가고 있는 위험도 분석(risk analysis)의 개념을 도입하여, 우리나라에 있어서의 수입 쇠고기의 안전성 문제와 국내에서의 소 해면형 뇌증의 발생 가능성 등에 관하여 고찰해 보고자 한다. 결론적으로 소 해면형 뇌증은 현재 영국(그레이트 브리튼, 북아일랜드 등)에서 가장 크게 문제시 되고 있으며, 유럽 일부국가, 영국으로부터 소를 수입한 극소수의 국가에서 문제가 되었을 뿐, 영국 등 발생국가로부터 소와 쇠고기를 수입하고 있지 않는 우리나라에 있어서는 수입 쇠고기의 안전성에 문제가 없으며, 소 해면형 뇌증이나 양 스크래피의 국내 발생 가능성도 현재로서는 무시할 수 있을 정도로 극히 희박한 것으로 평가된다.

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자율주행자동차 시험운행에 관한 각국 법안의 비교 및 정책적 시사점

  • NamGung, Hye-Ri;Won, Yu-Hyeong;Gang, Seon-Jun;Han, Won-Seok
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2017.05a
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    • pp.489-497
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    • 2017
  • 사물 인터넷, 클라우드 컴퓨팅, 인공지능, 빅데이터 등 첨단 정보통신기술을 활용하여 모든 사물들의 지능화와 초연결을 지향하는 것을 나타내는 4차 산업혁명에 대한 관심은 나날이 증가하고 있다. 4차 산업혁명과 관련된 다양한 분야의 기술들 중에서 인공지능을 활용한 자율주행자동차 기술과 관련하여 논의를 진행하고자 한다. 여러 국가에서는 자율주행자동차 시장선점을 위해 관련 기술의 발달에 몰두하고 있다. 그러나 자율주행자동차의 상용화를 위해서는 기술의 발달뿐만 아니라 관련 법제도의 정비가 더욱 필수적인 요소라고 본다. 자율주행자동차가 안전성을 보장할 수 있도록 시험운행에 대한 규제를 완화시켜야 할 것이며, 향후 상용화가 될 경우 야기될 수 있는 민사적 손해배상문제와 형사책임의 문제, 과실책임의 문제, 사이버 보안문제 등을 대비할 수 있는 법제도 마련을 촉구하고자 한다. 타국가와의 자율주행자동차 법제도 비교분석을 통해 우리나라의 도로교통법과 기존 법 제정상태를 고려하여 법안 마련에 방향성을 설정하는 데에 목표를 두고 있다.

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한국 해양오염방제시스템 분석

  • Yun, Jong-Hwi
    • The Magazine of the Society of Air-Conditioning and Refrigerating Engineers of Korea
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    • v.37 no.5
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    • pp.10-21
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    • 2008
  • 이번 유조선 Hebei Spirit호 오염사고의 발생단계에서 해상 및 해안방제활동이 진행되는 동안 여전히 현행 오염방제시스템과 방계능력에 여러 가지 허점과 결함이 있음이 드러났고, 또 선진국의 해양오염사고 사례 및 방계시스템과 비교해 보면 몇 가지 오염사고 방지, 대비 및 대응에 근원적인 문제점이 노출되었다. 이와 관련하여 본 연구에서는 Hebei Spirit호 오염사고를 중심으로 오염방제 전 과정에서 노출 또는 지적된 문제점(단, 본 연구에 피해배상관련 사망은 제외함)을 알아봄과 동시에, 그 문제점에 대한 타당성을 평가하고 그 원인을 분석하였다. 이에 추가하여 선진국과 우리나라의 해양오염방제시스템을 상호 비교하여 방제시스템의 선진화를 위한 개선방안을 마련함으로써, 추후 본 연구 결과가 국가해양오염방제시스템 정비 및 개선작업 시 참고자료로 활용되기를 기대한다.

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사진으로 보는 화협 30년의 발자취

  • Korea Fire Protection Association
    • 방재와보험
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    • s.97
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    • pp.2-7
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    • 2003
  • "방재와 보험"애독자 여러분의 사랑과 관심 속에서 우리 한국화재보험협회는 오는 5월 15일 창립 30주년을 맞이하게 되었습니다. 1973년 "화재로 인한 재해보상과 보헙 가입에 관한 법률" 제정과 함께 우리 한국화재보험협회는 10개 손해보험회사에 의해 설립, 화재로 인한 재산상의 피해복구 대책은 물론 인명피해에 대한 배상을 법률로 정한 국가 복지차원의 안전인프라로 출발하여 화재안전의 초석을 다지고 방재보국의 일익을 수행해 왔습니다. 우리 협회는 앞으로도 방재기술의 연구, 화재안전을 위한 국민홍보, 특수건물의 화재안전점검 등 국민생활 안정에 기여하는 방재서비스를 제공하고 손해보험의 위험관리 전문기관으로 발전할 수 있도록 전력을 다할 것임을 약속드리면서 지난 30년에 있었던 주요행사 등을 소개합니다.

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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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A Study on Technology Commercialization for National R&D Products : A Case Study on Korean Land Spatialization Program (국가R&D사업에서의 연구 성과 사업화 방안에 대한 연구 : 지능형국토정보기술혁신사업의 사례 분석)

  • Bae, Sang-Keun;Hong, Jin-Won;Jung, Yeun-Jae;Park, Seung-Wook;Kim, Byung-Guk
    • Spatial Information Research
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    • v.20 no.2
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    • pp.81-92
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    • 2012
  • Recently, it is very important to create economic value as well as develop core algorithms and technologies in the field of R&D. Various R&D projects make an effort to do the technology commercialization of their results and, as part of efforts, many studies on business model(BM) are conducted to create economic benefits in using the developed technology. However, it is difficult to use the general business model methodologies, which are usually utilized for companies, to the government's research due to different processes and characteristics between them. And for the practical application of business models, it needs to systematize conceptual business models in technical perspective through technical architecture analysis. In this study, a business model development process and a technical architecture analysis for national R&D project is developed for the technology commercialization. In addition, the process is applied to Korean Land Spatialization Program (KLSP) organized by Ministry of Land, Transport and Maritime Affairs to verify the feasibility of its practical application.