• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.4
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• pp.398-407
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• 2018

Standard guidelines for marine accident investigation have been prepared through the enforcement of the Casualty Investigation code as of January 2010. In addition, as the International Maritime Organization (IMO) recommended contracting the state to manage a marine incident system established under this code, Korea also has newly established provisions for a marine incident system in the 'Act on the Investigation of and Inquiry into Marine Accidents' also as of 2010. The Korean Maritime Safety Tribunal (KMST) has made a multilateral effort to prevent marine accidents through the efficient operation of a marine incident system, but this system has not been properly activated. This study examines the operational status and problems of a marine incident system and analyzes the marine incident systems of foreign countries and similar transportation agencies such as railroads and aviation. Options include switching to voluntary reporting of marine incidents, transferring responsibility to a non judicial private organization, expanding incentive systems for a marine incidents, revising regulation and preparing detailed implementation guidelines.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.211-241
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• 2012

The Draft International Code of Conduct for Outer Space Activities officially proposed by the European Union on the occasion of the 55th Session of the United Nations Peaceful Uses of the Outer Space last June 2012 in Vienna, Austria is to fill the lacunae of the relevant norms to be applied to the human activities in the outer space and thus has the merit our attention. The missing elements of the norms span from the prohibition of an arms race, safety and security of the space objects including the measures to reduce the space debris to the exchange of information of space activities among space-faring nations. The EU's initiatives, when implemented, cover or will eventually prepare for the forum to deal with such issues of interests of the international community. The EU's initiatives begun at the end of 2008 included the unofficial contacts with major space powers including in particular the USA of which position is believed to have been reflected in the Draft with the aim to have it adopted in 2013. Although the Code is made up of soft law rather than hard law for the subscribing countries, the USA seems to be afraid of the eventuality whereby its strategic advantages in the outer space will be affected by the prohibiting norms, possibly to be pursued by the Code from its current non-binding character, of placing weapons in the outer space. It is with this trepidation that the USA has been opposing to the adoption of the United Nations Assembly Resolutions on the prevention of an arms race in the outer space (PAROS) and in the same context to the setting-up of a working group on the arms race in the outer space in the frame of the Conference on Disarmament. China and Russia who together put forward a draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects (PPWT) in 2008 would not feel comfortable either because the EU initiatives will steal the lime light. Consequently their reactions are understandably passive towards the Draft Code while the reaction of the USA to the PPWT was a clear cut "No". With the above background, the future of the EU Code is uncertain. Nevertheless, the purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security, all to maximize the principle of the peaceful use and exploration of the outer space is the laudable efforts on the part of EU. When the detailed negotiations will be held, some problems including the cost to be incurred by setting up an office for the clerical works could be discussed for both efficient and economic mechanism. For example, the new clerical works envisaged in the Draft Code could be discharged by the current UN OOSA (Office for Outer Space Affairs) with minimal additional resources. The EU's initiatives are another meaningful contribution following one due to it in adopting the Kyoto Protocol of 1997 to the UNFCCC (UN Framework Convention on the Climate Change) and deserve the praise from the thoughtful international community.

• 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.

• Journal of Korea Spatial Information System Society
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• v.6 no.1 s.11
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• pp.101-117
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• 2004

Standards are essential to facilitate the efficient use of GIS data. International Standards such as ISO TC211's 19100 series and various technical specifications from OpenGIS Consortium are some of the examples of efforts to maintain the interoperability among GIS applications. Marine GIS is no exception to this rule and in this context. developing standards for marine GIS is also in urgent needs. Using the same meaning and definition for the features commonly found in marine GIS applications is one of the ways to increase the interoperability among systems. One of the key requirements for maintaining the standard meanings for features is to build a common feature catalogue. This paper examines the concept of feature catalogue and describe the ways in which the feature catalogue can be organized. To identify the common features found in various marine GIS applications, a comprehensive search has been made to collect and analyze the features used in various applications. To maintain the interoperability with the National GIS (NGIS) system, the features used in various NGIS applications have been analyzed as well. The result of these analyses are used to create a comprehensive list of common features for marine GIS. This paper then explains the common feature catalogue for marine GIS and the provides the appropriate classification and coding systems for the common features. In addition, a registration tool for registering the common features into the standard registry has been developed in this study. This Web-based tool can be used to input features into the feature catalogue by various applications and also to maintain a standard-compliant feature catalogue by standard agencies.