• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.3-27
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• 2012

The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

• Proceedings of the Korea Water Resources Association Conference
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• 2008.05a
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• pp.120-124
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• 2008

본 연구에서는 대기대순환모형(GCM) 모의결과를 활용하여 한반도 지역의 강수량과, 온도에 대하여 분위사상법(Quantile mapping)과 상세화기법(downscaling)을 적용하였다. GCM 모의자료는 캐나다기후센터(CCCma; Canadian Centre for Climate Modeling and Analysis)의 CGCM2 A2, B2시나리오의 $2001{\sim}2100$년 자료를 사용하였으며, GCM 모의결과값과 국내관측값과의 계통적오차(systematic bias)를 보정하기 위하여 분위사상법을 적용하였다. 강수자료의 경우 한반도의 강수특성을 반영하기 위하여 홍수기, 비홍수기로 구분지어 감마분포를 이용하였고, 온도자료의 경우 계절적 특성을 반영하기 위하여 봄/가을, 여름, 겨울로 구분지어 표준정규분포를 이용하여 분위사상법을 적용하였다. 강수자료의 경우 과거($1965{\sim}1989$:25개년)의 31개소의 일평균강우 자료를, 온도자료의 경우 과거($1965{\sim}1989$)의 11개소의 일평균온도 자료를 사용하였다. 이러한 분위사상법의 적용으로 GCM 모의결과값과 관측값사이의 계통적오차를 보정하였으며, 그 결과 강수자료의 홍수기의 경우 모의결과값과 관측값의 차이가 3.79mm/day에서 0.62mm/day로, 비홍수기의 경우 0.24mm/day에서 0.02mm/day로 각각 83%, 92% 보정된것을 확인하였으며, 각각의 확률분포 매개변수를 추출하였다. Random Cascade 모형의 자기유사성 및 무작위 변동성계수를 추정하기 위하여 2002년 8월 6일 00:10부터 8월 9일 24:00까지 432장의 레이더 스캔을 사용하여 스케일분석을 실시하였으며, 모형적용결과 연평균 강우량의 변화는 A2의 경우 797.89mm에서 1297.09mm로 B2의 경우 815.02mm에서 1383.93mm로 나타났다.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.3-54
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• 2014

The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

• Korean Journal of Food Science and Technology
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• v.41 no.5
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• pp.528-535
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• 2009

Three domestic varieties of red grapes were utilized for the fermentation of wines, including Campbell, Muscat Bailey A (MBA), and Sheridan. The grapes were treated by four different methods before fermentation, which included conventional fermentation for red wine, fermentation with skin-removed grapes, fermentation with grapes and addition of removed skins, and fermentation with grape juice. Three different grape varieties with four different treatments did not show any differences in terms of $^{\circ}Bx$ and alcohol changes during fermentation. However, the L value of the MBA wine was lower and darker than the L values of wines prepared from Campbell and Sheridan grapes. The wines prepared from grapes with the addition of removed skins were darker and had 30% higher polyphenol concentrations than those of wines made from grapes by the conventional method, regardless of the grape varieties. Sensory evaluations of dry-type wines demonstrated that quality was higher for those made from Campbell and MBA grapes with the addition of removed skins than for wines made by the conventional method. Whereas for sweet-type wines, the wine that was made from the skin-removed grapes (Sheridan) was more favorable than that made by the conventional method.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.107-142
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• 2012

An aircraft has been one of the most important transportation means and disputes due to damage caused by delay of the aircraft happen many times out of ones related to the air transport. In 2011, the Air Transport Act in Commercial Law was established to regulate national air transport and the legislative system of air carrier's liability to handle delay of passengers or baggage was legislated here. Although there are some clauses related to the legislative system of air carrier's liability, they are very important because they deal with disputes due to damage caused by delay of the aircraft. The Air Transport Act in Commercial Law has a good point of adopting the global standard of 1999 Montreal Convention, but it has also a bad point of having the problems of 1999 Montreal Convention. There are some contents to be modified in the Air Transport Act in Commercial Law. First, the definition of 'Delay of Aircraft' needs to be enacted because it is important to materialize air carrier's liability due to damage caused by delay. Second, it is necessary to modify the clause in which air carrier's liability due to damage caused by delay of passengers is divided into two things, one is in case of national air transport and the other is in case of international air transport, and the limited amount of air carrier's liability in national air transport is eight times less than the latter because they are not so helpful to air carriers but too disadvantageous to aircraft passengers. Third, it is also necessary to amend the clause in which the limited amount of air carrier's liability due to damage caused by loss damage or delay of baggage has been legislated same without classifying the case into loss damage and delay, because they are generally different from each other in terms of extent of damage, therefore the limited amount of air carrier's liability by delay of baggage should be classified into in case of loss damage and in case of delay. It is desired that the Air Transport Act in Commercial Law including the clauses related to air carrier's liability by aircraft damage be developed continually by sufficient study and discussion about the necessity of amending it such as the one mentioned above.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.33-66
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• 2017

The Korean government enacted the Chapter 6 as of Air Transportation to the Korean Commercial Act, which was enforced in 2011, in order to treat some arguments occurred from air transportation Contracts since air transportations has rapidly increased in Korea. Air transportations has been used more in the field of international market than in the field of domestic market under it's own characteristic. Therefore, many international agreements and protocols related to the air transportations has been appeared from old times and the 1999 Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") is one of them. The Montreal Convention was adopted in May 28, 1999 at International Conference of Air Law hosted by the International Civil Aviation Organization ("ICAO") in Montreal, Canada where the Headquarter of ICAO is located. The Montreal Convention has been effected from September 5, 2003 and the Korean government ratified the convention in 2007. Therefore, the Montreal Convention came in to force in Korea since 2007. This year, 2017, is the 10th anniversary year since the Montreal Convention has taken effect in Korea. However, there are rare cases that argued the Montreal Convention's scope of application and this Article examines the Korean Supreme Court's case that argued the Convention's scope of application. Thus the Article basically analyzes the case from the perspective of the Montreal Convention's scope of application and examines the Montreal Convention's articles related to the air carrier's liability and extent of compensation for damage that occurred from the international carriage by air. Also this Article analyzes the Korean Commercial Act Chapter 6, which regulated the air carrier's liability and the Article tries to make a comparison between the Montreal Convention and the Korean Commercial Act in order to draw some scheme for the betterment of Korean Commercial Act. It is the hope that the Article contribute to the improvement of Korean Commercial Act through the comparison with the chance of the 10th Anniversary of the Montreal Convention in Korea.

• Proceedings of the Korea Water Resources Association Conference
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• 2016.05a
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• pp.111-111
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• 2016

최근 전 세계적으로 이상기후로 인해 극한 사상의 기후현상이 잦아지고 있으며 그로인한 피해가 확산되면서 관심이 높아지고 있다. 특히, 국내하천의 경우 높은 하상계수를 가지고 있는 만큼 수자원보전에 취약하고 수질의 문제 또한 대두되고 있다. 4대강 중 하나인 낙동강에는 8개의 보가 설치되었고 유역에 안동, 임하, 합천, 남강, 밀양댐 등 다기능댐이 있어 댐의 방류량이 낙동강의 유량에 큰 영향을 미치고 있다. 낙동강의 유량 및 수질을 관리하기 위해서는 이러한 현황들을 반영하여 유역관리를 포함한 통합적인 유량 및 수질관리가 필요하다. 본 연구에서는 IPCC에서 제공하는 AR5 RCP4.5 시나리오를 분위사상법(Quantile mapping)과 CF 다운스케일링 기법을 사용하여 유역에 맞게 상세화를 수행하였으며, 검 보정을 거친 SWAT 모형의 입력자료로 사용하여 낙동강 유역의 본류 및 지류의 미래 유출량 및 오염부하량을 예측하였다. 낙동강 유역에서의 미래기후변화 시나리오를 분석한 결과, 비홍수기에 32.3%, 홍수기에 31.1% 증가하는 것으로 나타났고, 2041 ~ 2070년도에 6%까지 증가하였다가 2071 ~ 2100년에 0.4% 감소하였다. 미래기후변화 시나리오를 SWAT 모형에 적용한 결과로는 주요 8개 지류에서 비슷한 패턴을 보였으며, 위천과 남강에서 각각 최대 45.5%, 16.6% 유출량이 증가하는 것으로 나타났다.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.19-45
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• 2009

The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

• Korean Journal of Agricultural and Forest Meteorology
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• v.12 no.4
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• pp.264-276
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• 2010

The objectives of this study were to introduce the methods of soil respiration measurement, to review soil respiration studies conducted in Korea, and to suggest potential issues generated from using various methods for soil respiration measurement. According to the measurement principles, the methods of soil respiration measurements are classified as: alkali absorption method (AA), closed chamber method (CC), closed dynamic chamber method (CDC), and open flow method (OF). Based on the litereaure review on soil respiration studies in Korea, the CDC method was mostly used by the researchers (62%), followed by the AA (17%), OF (13%) and CC (8%) methods. Along with these methods, various instruments were used such as LI-6400-09, EGM-3, EGM-4, and automatic soil respiration chamber. Most of the soil respiration measurements were carried out in forest ecosystems and the reported soil respiration showed a wide range of variations from 130 to 900 mg $CO_2\;m^{-2}h^{-1}$. Continuous monitoring of soil respiration with minimal disturbance and the potential inconsistency in measurements are still the challenges facing the researchers, causing a paucity in quality datasets of sufficient quantity. Few attempts of intercomparison among different methods hinder the data users from synthetic analysis and assessment of the collected datasets. In order to better estimate soil carbon budget and understand their exchange mechanisms in key ecosystems of Korea, it is necessary to measure soil respiration at various plant functional types, soils, and climate conditions over a decadal time scale along with the study on the partitioning of soil respiration into autotrophic and heteorotrophic components.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.95-116
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• 2015

Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.