• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.147-174
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• 2018

The air transportation industry is a field where control and interference of the state are generalized compared to other industries. However, the premise for national intervention in the air transportation industry is the determination of the nationality of the aircraft or airline company concerned. This is because it is necessary to clarify the distinction between the domestic and foreign carriers so that they can exercise airspace sovereignty. The purpose of this paper is to compare the current status and contents of Korean law and regulations on the determination of nationality with the foreign legal system. To this end, the starting point of the discussion is to look at the history of nationality restrictions on the US air transport industry and the issues that arise in the content and operation of the system today. In addition, this paper examined the provisions of the Japanese aviation law, which is very similar to that of Korea, and then compared the current legal provisions of the United States, Japan and Korea. As a conclusion, this paper sought the direction of revision of the Korean law on the basis of the foreign status of the restriction of nationality in the air transportation industry. Compared with our law, the US and Japan are generally regarded to be more concerned with the contents of their own airline companies than those of foreigners or non-citizen. In spite of the fact that there are many laws and regulations in the United States regarding the de facto dominance of domestic airline companies by foreigners, there have been a lot of controversies in this matter. By the way, Japan has been stipulating regulations on holding companies and affiliated companies. In the global era, it would be meaningful to check the status of the nationality restrictions in the aviation industry, which is based on internationality. I hope that this study will be able to build a legal institutional basis for Korea's aviation industry development from a reasonable protectionist point of view rather than a narrow nationalism in a rapidly changing era.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2018.11a
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• pp.225-227
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• 2018

This research paper examines the history and present of 'temporary passengers' prescribed in Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations and suggests improvement plans referring to the examples of legislation of other countries. In 2015, Ministry of Ocean and Fisheries made authoritative interpretation that Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations, which prescribes special cargo drivers such as agricultural, marine or livestock vehicles as temporary passengers, is applied only to passenger ships and not to cargo ships such including Ro-Ro cargo ships. As the authoritative interpretation of the Ministry does not agree with not only the traditional interpretational methodology but also the interpretational methodology that are commonly used today, it lacks logical basis and looks unpersuasive. Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations can be applied not only on passenger ships but also on cargo ships. Also in case of Ro-Ro cargo ships, it is logically contradictory and against fairness not to acknowledge special cargo vehicle drivers as temporary passengers when there is no problem with safe navigation and safety of passengers on board even when the sailor, the sailor's family and the ship owner may be acknowledged as temporary passengers. To avoid unnecessary disputes and lawsuits, improvement plans using theory of legislation through statutory reform is more desirable. Therefore, the P aragraph should be amended to "Supercargo who deals with cargo that requires special care due to the characteristics of the cargo, such as transportation vehicles for agricultural products, marine products, livestock, explosives or flammable materials (drivers can serve as supercargos)" to reflect the distinct characteristics of cargo and ship navigation in Korea including the current distribution system, while setting an objective standard based on common sense of ordinary people and not on arbitrary interpretation.

• Cross-Cultural Studies
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• v.44
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• pp.411-430
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• 2016

One of central issues in the Literature and Science discourses during the Victorian era is the relation of physiology to psychology. Many thinkers tackle the question of whether or not psychic phenomena can be reducible to their physiological bases. For instance, Victorian physiologist William Benjamin Carpenter claims that there should be a boundary between physiological and psychological qualities. Yet, his contemporary writer Grant Allen contends for the reduction of psychology into physiology. In the essay, I discuss Grant Allen's work Physiological Aesthetics (1877) so as to eventually problematize his physiological reductionism. I especially highlight the paradox of his physiological aesthetics. In order to clarify my argument, I introduce two concepts: evolutionary aesthetics and physiological reductionism. On the one hand, Allen argues for the development of aesthetic appreciation. The gradual evolution from gaudy to serene colors, for instance, reflects the fine differentiation of sensory organs. He believes that the existence of varied aesthetic pleasures corresponds to the evolution of sensory nerve structures. Nonetheless, Allen ironically gives more weight to the commonality of aesthetic experiences than to this teleological ordering of aesthetic experiences. He argues that there is no fundamental difference among humans in terms of their aesthetic assessments. Furthermore, there is even no essential distinction among plants, animals, and humans in light of their aesthetic appraisals, he states firmly. Although he asserts the gradual advance of aesthetic feelings caused by the intricacy of nervous systems, he simultaneously trivializes the evolution of aesthetic appraisal. In the essay, I highlight this paradox in Allen's physiological aesthetics. It should be underscored, lamentably enough, that Allen seeks biological purity by erasing fine lines among physiology, psychology, and sociality. He estranges aesthetic experiences from subjective variations and their socio-cultural contexts. He makes great efforts to eliminate individual differences and socio-cultural specificities in order to extremely biologize aesthetic experiences. Hence, Allen's physiological aesthetics is marked as the politics of physiological purification.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.45-85
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• 2005

The purpose of this paper is to examine the concept of "accident" under the Warsaw system including the Warsaw Convention for the Unification of certain Rules for International Carriage by Air of 1929 and the Montreal Convention of 1999. Most leading case on this subject is Air France v. Saks(470 U.S. 392 (1985)). In the Saks case, it was held that the definition of an accident must be applied flexibly, and most courts have adhered to the definition of accident in Saks case, the application of accident has been less than consistent. However, most cases have held that if the event is usual and expected operation of the aircraft, then no accident has occurred. Courts have also held that where the injury results from passenger's own internal reaction to the usual, normal, and expected operations of the aircraft, it is not caused by an accident. As the Warsaw drafters intended to create a system of liability rules that would cover all hazards of air travel, the carrier should liable for the inherent risks of air travel. It is right in that the carrier is in a better position than the passenger to control the risks during air travel. Most US courts have held that carriers are not liable for one passenger's assault on the other passenger. The interactions between passengers are not part of the normal operations of the aircraft and are therefore not covered by the word "accident" under Art 17 of the Warsaw Convention. It is regretful that the Montreal Convention did not attempt to clarify the concepts of accident in itself. In the light of an emerging tendency to hold the air carrier liable for occurrences that do not exactly go to the operation of the aircraft, it is desirable to regulate that the carrier is liable for an "event" instead of an "accident" in accordance with the Guatemala City protocol.

• Journal of Sasang Constitutional Medicine
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• v.11 no.1
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• pp.241-252
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• 1999

1. Purpose and Method : We have many difficulty of using the existing medical Hurbs based on the theory of Em-Yang and the five elements, this is why we still do not explain the Sasang Constitutional medical Hurb Classification and do not have the Sasang Constitutional Pharmacology exactly, so we easily enter into a dispute and confusion. So through literary consideration about Acorus gramineus Soland. I try to objectify Sasang Constitutional Classification of Acorus gramineus Soland and the spirit of using Acorus gramineus Soland and common property of Sasang Constitutional Medical Hurb and try to find out a clue that search the effect of other Sasang Constitutional Medical Hurb. 2. Result : Qi(氣) and mi(味) of Acorus gramineus Soland have aroma and hot taste and have won Qi(溫氣), the using portion of Acorus gramineus Soland is root as medical Hurb. So Acorus gramineus Soland rise from Goonghacho(中下焦) to Sangcho(上焦) and divied impurity and purity and able to remove the turbidity Qi(氣)Ack(液) Acorus gramineus Soland have the effect of progressing the involution of Paeqi(肺氣) and divided impurity and purity of Qi(氣) and ack(液) and improve the fuction and structure of Tae-Em-ln. I think that the method of literay consideration on objectification of Sasang Constitution Pharmacology is of great value.

• International Commerce and Information Review
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• v.15 no.2
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• pp.285-313
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• 2013

By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

• Korean Security Journal
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• no.58
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• pp.9-34
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• 2019

The Korean Police Force is equipped with the dual responsibility to not only protect the constitutional right to protest, but also prevent potential disorder and misconduct might be caused by the abuse of such a right. To this end, the Korean national police employ the crowd counting methodology, termed 'Maximum Figure at Any One Time' with a view to dispatching the proportionate number of police officers to protest scenes for safety management. However, protest organizers rather take advantage of 'Cumulative Figure' methodology, the purpose of which being to publicize the wide recognition of success, noticeably by demonstrating that as many people as possible support for their cause or voice. Hence, different estimates generated by different methods have raised serious political issues in Korean society. Nevertheless, it is found out that there are only three existing academic studies in Korea regarding crowd counting methods, and they are mainly geared towards comparing the two methods, unfortunately without any attempt to analyze the foreign literature in details. Keeping the research gap in mind, the research conducts a comprehensive review of the foreign literature with relation to protest crowd counting methods. Derived from the review and analysis, the counting methods can be broadly categorized into the three models such as: 1) Grid/Density Model, 2) Moving Crowds Model, and 3) Electronic & Non-Image Model. In the end, the research provides brief explanations regarding specific research findings per each model, and further, suggests some policy implications for the development of more accurate crowd counting methodology at protests in Korea.

• Journal of Chest Surgery
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• v.35 no.7
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• pp.530-534
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• 2002

Background: In aortic surgery, division and ligation of the left brachiocephalic vein(LBV) may improve exposure of the aortic arch but controversy continues about the safety of this division and whether a divided vein should be reanastomosed after arch replacement was completed. The safety of LBV division and the fate of the left subclavian venous drainage after LBV division were studied. Material and Method: From November 1998 to January 2001, planned division and ligation of the LBV on the mid-line after median sternotomy was peformed in 10 patients during the aortic surgery with the consideration of local anatomy and distal aortic anastomosis. Assessment for upper extremity edema and neurologic symptoms, measurement of venous pressure in the right atrium and left internal jugular vein, and digital subtraction venography(DSV) of the left arm were made postoperatively. Result: In 10 patients there was improvement in access to the aortic arch for procedures on the ascending aorta or aortic arch. The mean age of patients was 62 years(range 24 to 70). Follow-up ranged from 3 weeks to 13 months. One patient died because of mediastinitis from methicilline-resistant staphylococcus aureus strain. All patients had edema on the left upper extremity, but resolved by the postoperative day 4. No patient had any residual edema or difficulty in using the left upper extremity during the entire follow-up period. No patient had postoperative stroke. Pressure difference between the right atrium and left internal jugular vein was peaked on the immediate postoperative period(mean peak pressure difference = 25mmHg), but gradually decreased, then plated by the postoperative day 4. In all DSV studies left subclavian vein flowed across the midline through the inferior thyroid venous plexus. Conclusion: We conclude that division of LBV is safe and reanastomosis is not necessary if inferior thyroid vein, which is developed as a main bridge connecting the left subclavian vein with right venous system, is preserved.

• Korean journal of communication and information
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• v.48
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• pp.46-62
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• 2009

The current study attempted to review the standards of retransmisison consent and arbitration for the terrestrial broadcasting signal. The standards are based upon the principles encouraged by the MIAC(Ministry of Internal Affairs and Communications). It has been criticized that the standards of judgement for the retransimission consent and arbitration are ambiguous and arbitrary in Japan. In 2009, MIAC announced five decisions regarding the retransmission of over-the-air. The result of the current study found that the regulations of compulsory over-the-air signal retransmission have been sustained until now. The retransmission policy of the Japan government based upon three principles; localism, proper cause and copyright act. The judgment is dependent on the intrepretation of MIAC's standard about these three principles.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.55-86
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• 2014

The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.