• The Korean Journal of Air & Space Law and Policy
• /
• v.32 no.1
• /
• pp.201-224
• /
• 2017

The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

• The Korean Journal of Air & Space Law and Policy
• /
• v.13
• /
• pp.167-206
• /
• 2001

• Journal of Korea Fair Competition Federation
• /
• no.118
• /
• pp.18-31
• /
• 2005

The debate between per se rules and the rule of reason turns, $\cdot$$\cdot$$\cdot$, on important questions of political as well as economic philosophy.-F.M Scherer and David Ross, Industrial Market Structure and Economic

• Proceedings of KOSOMES biannual meeting
• /
• 2017.11a
• /
• pp.200-200
• /
• 2017

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.27 no.2
• /
• pp.256-265
• /
• 2021

Ground, sea and air mobility, such as vehicles, ships, and airplanes, are generally operated by people. Based on the innovative development of autonomous decision-making systems and artificial intelligence (AI) following the recent fourth industrial revolution, research and development on maritime autonomous surface ships (MASS) is been actively performed around the world. Before the realization of the commercialization of MASS in international maritime transport, it is urgent to clarify the characteristics of this ship and its international legal status. This paper aims to analyze the concern of whether a ship without crew members will eventually be operated as a fully unmanned ship or can be recognized as a ship under international law as the number of crew members is gradually reduced owing to the development stage of autonomous ships. Consequently, based on the United Nations Convention on the Law of the Sea (UNCLOS) and the regulations of the International Maritime Organization (IMO), it was found that MASS has the same international legal status as general ships. In addition this paper presents the working principles of enacting and revising the IMO Conventions and international legal measures necessary for the safe operation of MASS.

• The Journal of the Korea Contents Association
• /
• v.10 no.10
• /
• pp.286-293
• /
• 2010

The organization and position of FSO was systematically established under the Presidential Decree No. 1013 on 7 August 2004. Furthermore, the FSO has established a signal department, an intelligence department and an academy to enhance intelligence an training capabilities. The FSO has been striving to unveil itself from a clandestine agency into a pivotal organization through the use of media and its website. It is in part that FSO has tried to deepen the understanding between PSS through personnel exchange in 2004~2005 Therefore, this study will examine the history, organization and legal position focusing on the related laws of FSO, an organization trying to adjust to the global change, and study whether this model may be applied for the development of public security in Korea.

• The Korean Society of Law and Medicine
• /
• v.21 no.1
• /
• pp.223-259
• /
• 2020

With COVID-19 spreading rapidly around the world, research and development issues on treatments and vaccines for the virus are of high interest. Among them, Remdesivir was the first to show noticeable therapeutic effects and began clinical trials, with each country authorizing the use of the drug through emergency approval. However, Gilead Co., Ltd., the developer of Remdesivir, received a lot of criticism from civic groups for submitting the application for the marketing authorization as an orphan drug. This is because when a new drug got a marketing authorization as an orphan drug could be granted an exclusive status for seven year. The long-term exclusive status of an orphan drug comes from the policy purpose of motivating pharmaceutical companies to develop treatment opportunities for patients suffering from rare diseases, which was not appropriate to apply to infectious disease treatments. This paper provides a review of the problems and improvement directions of the domestic system through comparative legal consideration against the United States, Europe and Japan for the statutes which give exclusive status to medicines. The domestic system has a fundamental problem that it does not have explicit provisions in the statute in the manner of granting exclusive status, and that it uses the review system to give it exclusive status indirectly. In addition, in the case of orphan drugs, the "Rare Diseases Management Act" and the "Regulations on Examination of Items Permission and Reporting of Drugs" provide overlapping review periods, and despite the relatively long monopoly period, there seems to be no check clause to recover exclusive status in the event of a change in circumstances. Given that biopharmaceuticals are difficult to obtain patents, the lack of such provisions is a pity of domestic legislation, although granting exclusive rights may be a great motivation to induce drug development. In the United States, given that the first biosimilar also has a one-year monopoly period, it can be interpreted that domestic legislation is quite strictly limited to granting exclusive status to biopharmaceuticals. The need for improvement of the domestic system will be recognized in that it could undermine local pharmaceutical companies' willingness to develop biopharmaceuticals in the future, and in that it is also necessary to harmonize international regulations. Taking advantage of the emergence of COVID-19 as an opportunity, we look again at the problems of the domestic system that grants exclusive rights to medicines and hope that an overall revision of the relevant legislation will be made to establish a unified legal basis.

• Science of Emotion and Sensibility
• /
• v.25 no.2
• /
• pp.31-44
• /
• 2022

Power and status are core elements that distinguish social classes and strongly influence social interaction. Although they are the foundation of social influence, they have different origins (Fragale et al., 2011). While power usually is based on personal ability or legal, institutional legitimacy, status is rooted in voluntary support from other people. Hence, whereas people with power often demonstrate egoistic behavior, those with high status show relationship-based altruism (Hasty & Maner, 2020). People recognize the difference between the two and have stereotypical beliefs or expectations about the people's behavior with high power or status (Magee, 2009). The current research tested how the judgment on social exclusion, the unique social influence of power and status, changes depending on the actor's power and status. We constructed social exclusion scenarios in which we manipulated actors' power and status and asked participants to rate an actor's pain and behavioral fairness. Participants' ratings showed that the actor's fairness and pain would differ depending on the actor's power and status (Expt. 1), which is consistent with the stereotypes above. In particular, the significant effects of the actor's anonymity in the cases of low power and high status (Expts. 2A, 2B) provide further evidence for the proposal that status but not power originates from voluntary support from others.

• Korea Trade Review
• /
• v.48 no.4
• /
• pp.149-168
• /
• 2023

Through an examination and analysis of straight bills of lading and sea waybills in the context of English, U.S.A and Korean law, and relevant international conventions on maritime transport, the following results were obtained: Prior to the enactment of U.K.'s the Carriage of Goods by Sea Act in 1992, straight bills of lading had functional differences between countries. However, after the enactment of this law, negotiable bills of lading obtained the same legal status and functionality in both Korea and the United States, as well as in the UK. As for sea waybills, all three countries treated them with the same contractual and legal status. In other words, they serve as receipts for the transported goods and act as evidence of the maritime transportation contract. Nevertheless, they are non-negotiable, and the delivery of goods can be made to the consignee or their agent based on their identity. However, the transfer of ownership rights over the goods or acquisition of legal rights against the carrier cannot be achieved through the transfer or endorsement of Sea Waybills.

• Journal of Korea Technology Innovation Society
• /
• v.21 no.4
• /
• pp.1345-1365
• /
• 2018

Following principal-agent relationship between government and funding agency effects on efficiency and management of project, this paper suppose that project management cost rate variable on outsourcing and administration of institution, applies multiple regression analysis and logit analysis by using factors that procurement status of institutional operating expenses and each subordinates scale (Budget, subject number) and method (Top-down/Bottom-up), not a total amount, for examining factors following project efficiency analysis and way of commission. The major variables which effect on efficiency of institution are management cost scale (0.36), institutional operating expenses ratio (-0.47), way of outsourcing, the factors that affect way of outsourcing are portion of project management cost (-38.5) and institutional operating expenses rate (-11.7). This means both legal and financial stability are necessary and it is avoidable moral hazard and adverse selection on principal-agent problem.