• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.469-497
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• 2015

In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.199-236
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• 2014

This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.

• 재활복지
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• v.21 no.2
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• pp.1-27
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• 2017

The purpose of this study is to evaluate the level of implementation of the Incheon Strategy and to develop measures for effective implementation. This research method used literature review and monitoring method. The results of the study are summarized as follows: First, 9 key indicators and 7 supplementary indicators, which are classified into implementation and non-implementation, 3 key indicators have been implemented, one indicator has been partially implemented, 5 indicators have not yet been implemented, Also, In the case of supplementary indicators, five were implemented and two were not. Second, the ten target areas are lacking in implementation, but the objective of 7 is to ensure the comprehensive disaster risk reduction and management, the ratification and implementation of the Convention on the Rights of Persons with Disabilities and the harmonization of the Convention with the domestic law, Also, it is analyzed that the level of implementation is in the order of improving the reliability and comparability of the data of goal 8, ensuring gender equality of goal 6 and strengthening the capacity of women. Based on these results, we propose an improvement plan for implementation. First, it is necessary to formulate policy issues and implement measures for the implementation of Incheon Strategy. Second, it is necessary to establish a system to implement and monitor for Incheon strategy. Third, Korean standards for goals and targets, key indicators and supplementary indicators are needed. Fourth, it is necessary to prioritize the target implementation and to take preemptive action. Lastly, it is necessary to educate and publicize for the Incheon strategy.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.3-32
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• 2014

Safety Management System is the aviation industry policy for while operating the aircraft, to ensure the safety crew, aircraft and passengers. For operating a safe aircraft, in order to establish the international technical standards, the International Civil Aviation Organization has established the Annex 19 of the Convention on International Civil Aviation. As a result, member country was supposed to be in accordance with the policy of the International Civil Aviation Organization, to accept the international standard of domestic air law. The South Korean government announced that it would promote active safety management strategy in primary aviation policy master plan of 2012. And, by integrating and state safety programmes(ssp) and safety management system(sms) for the safe management of Annex 19 is to enforce the policy on aviation safety standards. State safety programmes(ssp) is a system of activities for the aim of strengthening the safety and integrated management of the activities of government. State safety programmes(ssp) is important on the basis of the data of the risk information. Collecting aviation hazard information is necessary for efficient operation of the state safety programmes(ssp) Korean government must implement the strategy required to comply with aviation methods and standards of the International Civil Aviation Organization. Airlines, must strive to safety features for safety culture construction and improvement of safety management is realized. It is necessary to make regulations on the basis of the aviation practice, for aviation safety regulatory requirements, aviation safety should reflect the opinion of the aviation industry.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.3-32
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• 2007

This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.291-314
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• 2018

In recent 3 years, Korea's low-cost airlines have expanded their areas of passenger transportation not only to domestic market but also to Japan, China, Southeast Asia and US territory as a total of 6 companies (8 airlines including small air operation business carriers). Currently, three more airlines have filed for air transportation business certification as future low-cost carriers, and this expansion is expected to continue. To cope with the aggressive airline operations of domestic and foreign low-cost carriers and to enhance their competitiveness, each low-cost airline is taking a number of strategies for promoting cabin service. Therefore, the workload of the cabin crew is increased in proportion to the expansion, and the fatigue directly connected with the safety task performance is increased. It is stipulated in the Enforcement Regulations of the Korea Aviation Safety Act that at minimum, one cabin crew is required per 50 passenger seating capacity, and all low cost carriers are boarding only the minimum cabin crew. Sometimes it is impossible for them to sit in a floor level emergency exit for evacuation, which is the main task of the cabin crew, and this can cause confusion among evacuating passengers in the event of an emergency. In addition, if one of the minimum cabin crew becomes incapacitated due to an injury or the like, it will become a serious impediment in performing emergency evacuation duties. Even in the normal situation, since it will be violating the Act prescription on the minimum cabin crew complement, passengers will have to move to another available airline flights, encountering extreme inconvenience. Annex 6 to the Convention on International Civil Aviation specifies international standards for the determination of the minimum number of cabin crew shall be based only on the number of passenger seats or passengers on board for safe and expeditious emergency evacuation. Thereby in order to enhance the safety of the passengers and the crew on board, it is necessary to consider the cabin crew's fatigue that may occur in the various job characteristics (service, safety, security, first aid)and floor level emergency exit seating in calculating the minimum number of cabin crew. And it is also deemed necessary for the government's regulatory body to enhance the cabin safety for passengers and crew when determining the number of minimum cabin crew by reflecting the cabin crew's workload leading to their fatigue and unavailability to be seated in a floor level emergency exit on low cost carriers.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.2
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• pp.232-237
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• 2018

According to the MAIIF report, from 1998 to 2009, 101 incidents involving entering enclosed spaces aboard ships resulted in 93 deaths and 96 casualties. IMO has therefore amended the Recommendations for entering Enclosed Spaces Entry and SOLAS 1974 Convention Chapter 3 Regulation 19, which mandates enclosed spaces entry and rescue drill on a regular basis. The training of entering such enclosed spaces should be practical, recognizing all possible risks of entering enclosed spaces aboard ships, while also considering the safety of trainees during the training. Recently, educational contents utilizing virtual reality (VR) have been applied in various fields to improve education and training effects, and these methods have proven to have advantages in actual and repetitive learning without being limited to physical space. In this study, the effectiveness, characteristics and differentiation of training of entering enclosed spaces aboard ships using VR were compared with traditional class room lectures through quantitative evaluation and questionnaires of training participants. Through the evaluation and questionnaire, it was found that participants using VR understood and learned the required training elements better than the control group, all of whom were trained through the normal class room lecture. Moreover, participants reported to display preference for training with the help of VR. As a result of the study, it was confirmed that the learning effects of VR onboard training can be used as an effective training method, especially by using video and other types of simulators.

• Journal of the Korean Society of Marine Environment & Safety
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• v.25 no.2
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• pp.201-211
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• 2019

Safety and security measures in the shipping industry play a pivotal role in ensuring efficient and reliable cargo and passengers operations at each stage of the supply chain. The ISPS Code was adopted into SOLAS convention to protect seafarers and vessels from security threats. Furthermore, according to the Manila amendments to STCW Convention in 2010, personnel employed on board are required to participate in security training. Effective seafarers' education and training programs are of major importance to guarantee satisfactory performance levels onboard to minimize security-related risks. The study's contribution focuses on empirically evaluating the relationship between personal level of awareness and security performance when seafarers undertake security training courses. Findings of this study suggest that (1) seafarers who undertake maritime security training have a higher awareness of ship security, (2) security training and security awareness have a positive influence on security performance, and (3) security awareness mediates the impact of security training and security performance. In conclusion, education and training programs are key tools in enhancing seafarers' security awareness and security performance which, from an industry viewpoint, can translate into major economic, operational and reputational benefits.

• Journal of Navigation and Port Research
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• v.32 no.1
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• pp.103-108
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• 2008

In the maritime universities, cadets of deck part should practice on board training using training ships of university or merchant vessels of company for 1 year according to STCW Convention. For training period, trainees are educated many education items as to positioning ability, chart work ability, vessel operation ability and cargo operation ability etc. Among many abilities, vessel avoiding ability which is demanded as a basic ability for deck officer can't be gained easily, because avoiding maneuver of ship controlled by cadets is not allowable regally and encounter situations occur randomly. This paper investigated CPA to the various encounter types with other vessels during the ocean going navigation of T.S Hannara. We analysis danger degree per each encounter type, and proposed a basic material of efficient training education about proper look-out and avoiding maneuver.

• Journal of Korea Port Economic Association
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• v.34 no.4
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• pp.141-160
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• 2018

In this paper, to analyze the perception and response strategy of Korean ship owners on Global Sulphur Cap 2020, examined the IMO environmental regulation status focusing on MARPOL Annex VI regulation about air pollution prevention, technological measures to reduce SOx emission, shipping industry and management status of Korean ship owners. First of all, the questionnaire was conducted for Korean ship owners after selecting the evaluation factors. The purpose of this study was to investigate the difference of the perception and response strategy of Korean ship owners by corporation size and main vessel type using frequency and cross analysis. It is confirmed that various researches on SOx emission reduction have been carried out from various points of view at home and abroad. In this study, existing studies related to technical factors for regulatory response and economics analysis were examined and evaluation factors were selected. As a result of analysis, it is found that large-sized shipping companies are more prepared for regulatory response than small and medium-sized bulk carrier owners. There were similar perception and the direction of response strategy about the impacts by corporation size and main vessel type. In about two years to be implemented in 2020, It is necessary to find an appropriate response strategy based on the support policy of the government and related organizations and the systematic analysis of the ship owners. Through this study, although the difference between the perception and response strategy of the ship owners by corporation size and main vessel type was understood, it was found that there were limitations on specific response strategy and corporate data collection. In future research, we should overcome the limitations of this study and conduct an in-depth study.