• Title/Summary/Keyword: 법 제도와 기준

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Legal Review of Product Liability of a Defective Aircraft (군용항공기와 결합방지를 위한 개선방안 및 법적 책임관계 연구)

  • Cho, Young-Ki;Chung, Wook
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.59-158
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    • 2005
  • When a military aircraft suffers damages due to the defects in its design, manufacturing or notification, all of which are generally understood as products liability defects, the obvious compensation is sought as it would in other consumer good case. However, there exist clear yet unappreciated difference between general consumer goods and military aircraft, as far as products liability law is concerned - some sort of recovery should be obtained even when there exist only defects, not damages, to the aircraft because of the implication of defective parts is much grave than what can be expected in a consumer goods case. While certain anticipatory measures do exist in manual or at negotiation stages for the safety of military aircraft, such measures are ineffective, if not ambiguous, in recovery effort in the post-accident stage In another word, the standardized military procurement contract manuals and boilerplate forms do not appreciate the unique and dangerous military nature of military aircraft. There are many unique legal issues which can arise when trying to prevent defective aircraft or parts, or to recover compensations for accident due to such defects. At two-level, the government should establish legal system (or countermeasures if you'd like) for purchasing safer military aircraft. First, one should be able to work with legal ground and policy that allows selecting and purchasing safer goods - the purpose of such contract is not litigious, but rather in acquiring what are most reliable. Second, in case the defects do arise and lead to damages, solid legal principles and instructions should be established for effectively pursuing appropriate company, (usually a aerospace industry giant with much experience) for products liability - the purpose of such pursuit is inevitable for a public official, since he or she is no private business man with much flexibilities, even to the point of waiving such compensatory right for future business purposes. This article tries to identify problems in methods of procuring military aircraft or parts - after reviewing on how the military can improve on legal and policy grounds for procuring what will be the focus of future military strength, it will offer some of the ways to effectively handling and resolving a liability issues.

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The Weight Analysis of Evaluation Indicators for Assessing Livestock Manure Treatment System and its Technology by AHP (AHP를 활용한 가축분뇨 처리시설 및 관련기술 평가지표 가중치 설정)

  • Kim, J.H.;Cho, S.H.;Kwag, J.H.;Choi, D.Y.;Jeong, K.H.;Cheon, D.W.;Lee, S.H.;Kim, J.H.;So, K.H.;Park, C.H.
    • Journal of Animal Environmental Science
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    • v.17 no.sup
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    • pp.51-60
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    • 2011
  • The objective of this study was to suggest strategies for improving "Livestock Manure Treatment Systems and Related Technologies Assessment Program". Analytic Hierarchy Process (AHP) was used to evaluate reasonableness of applied weight value for assessment and improve program management strategies. Results of mail survey collected from animal manure treatment technology specialists of 30 companies nationwide were used for AHP. Company's ability, technological prowess, facility's convenience, economic feasibility are four important aspects of assessment program evaluation using AHP. More than 70% of the respondents said they were overall satisfied with the objectivity of assessment program regarding above four evaluation aspects. However, only 36% of them answered that they were very satisfied with the objectivity of assessment program in terms of economic feasibility. The evaluation results revealed that the assessment program needs to be made up for the weak points regarding economic feasibility. The AHP weight calculation results showed that the current assessment program overestimates the technological prowess, especially livestock manure treatment efficiency. It suggests that the weight value of current assessment program in terms of technological prowess needs to be determined carefully. The current assessment program combined with AHP weight value determination approach will be very useful to improve objectivity and reliability of assessment.

The Development and Acceptance of Knowledge Information in Garden of Joseon Dynasty - Focusing on the Garden and Flowering Books Compiled from the 15th and 19th Centuries - (조선시대 정원의 지식정보 전개와 수용 - 15~19세기 편찬된 정원 및 화훼 관련서적을 중심으로 -)

  • Kim, Dong-Hyun;Lee, Won-Ho
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.1
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    • pp.10-20
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    • 2020
  • This study aims to analyze the developed characteristics of the knowledge and information of gardens through garden or flowering plant books compiled in the 15th and 19th centuries of Joseon Dynasty. Diachronically analysis of the garden or flowering plant books classified the characteristics in which knowledge and information about gardens are developed by the period, and looked at the factors. The results are as follows; First, the relationship between the authors who compiled the garden or flowering plant books had similar characteristics to the genealogy of Realist School of Confucianism(實學) in the Joseon Dynasty. Kang, Hee-An's practical features influenced later realist school of confucianism scholars. Lee, Su-Gwang has accumulated knowledge of the garden through his experience of traveling the diplomatic envoy to China. Since then, Hong Man-sun's ideology has been related to Charles, a member of the Southerners. Seo Yu-gu was also able to accept Realist School of Confucianism in an integrated way through the Jungnong school's theory and interaction with the Jungsang school. Ryu, Jung-Lim's relationship with the Jungnong school emerged as he added to the 『Jeungbosanrimgyeongje(增補山林經濟)』. Second, the 『Yanghwasorok(養花小錄)』, 『Jibongyuseol(芝峯類說)』 「Hwuimok(卉木)」, 『Hangjeongrok(閑情錄)』, 『Sanrimgyeongje(山林經濟)』 「Yanghwa(養花)」, 『Jeungbosanrimgyeongje(增補山林經濟)』 「Yanghwa(養花)」, 『Hwaamsurok(花庵隨錄)』 and 『Imwongyeongjeji(林園經濟志)』 「Yewonji(藝畹志)」 contain garden plant characteristics, cultivation methods, and management methods. The 『Imwongyeongjeji(林園經濟志)』 「Seomyongji(贍用志)」, 「Iunji(怡雲志)」, 「Sangtaekji(相宅志)」 contain details on the location selection of gardens, the layout of facilities, how to create them and materials. The description of these garden or flowering plant books was found to be the most common introduction with 55 percent, followed by methodologies(42.8%), the Lichi Theory(理氣論, 15.5%), the classification(12.4%), and the convention(1.9%). Third, based on the importance of knowledge and information on gardens, the garden or flowering plant books related to the period were classified as early period, including 『Yanghwasorok(養花小錄)』, 『Jibongyuseol(芝峯類說)』 which were compiled before the 17th century. The 18th-century compiled 『Sanrimgyeongje(山林經濟)』 and 『Jeungbosanrimgyeongje(增補山林經濟)』 were classified as middle period, and the 19th-century compilation of 『Imwongyeongjeji(林園經濟志)』 was classified as late period. The garden or flowering plant books were cited the contents of ancient Chinese books, the author's experiences and opinions contained in the preceding period in later garden books. And the reinforcement of garden knowledge was made to reflect the agricultural technology and expertise developed at the time of writing. Fourth, based on analysis of the development and acceptance of knowledge information in garden by period, In the early period was dealing with floriculture as a way to explore the logic of things. Later, in the 18th century, a vast influx of garden knowledge information came from China. Among scholars, they secured justification for garden creation as part of various knowledge-seeking activities, which expanded their expertise in gardens. In response to the trend of gardening in the 19th century, professional books were written based on knowledge and information on gardens that were collected in the past, and systems were established such as the collection and management of garden plants, construction methods, enjoying methods, and self-realization.

The Conservation Status and Vitalization Plan for Railroad Car Heritage (철도차량유산의 보존현황과 활성화 방안)

  • Seok, Min-Jae
    • Korean Journal of Heritage: History & Science
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    • v.51 no.2
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    • pp.38-57
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    • 2018
  • Led by the Cultural Heritage Administration, studies on the cultural heritage of railways have merely focused on modern registered cultural heritage and on excavating the cultural heritage of modern rail transportation. Endeavors of institutions relevant to railways to protect the cultural heritage of railways were not sufficiently made. Only the internal guideline to protect the cultural heritage of railways made by the railway corporation is being implemented. This study aims to assert the need to examine the protective measures of the heritage of railroad cars and to vitalize plans of conserving the heritage of railroad cars. Also, plans to protect the heritage of railroad cars and methods to invigorate schemes of protecting the heritage of railroad cars will be suggested. The current situation of protecting the heritage of railroad cars was investigated via a field trip. Through exploring overseas examples of protecting the heritage of the railroad cars, ways to vitalize plans of widely publicizing the heritage of the railroad cars with their historical values were suggested. Results showed that first, the way of openly exhibiting conserved railroad cars by setting up stands other than the way of exhibiting and conserving in one site was necessary. Second, in order to properly preserve and manage the cultural heritage of railways, railroad cars, much like natural monuments or intangible cultural properties, need to be perceived as cultural properties. Also, it is necessary to amend the Cultural Properties Protection Law to include railway heritage. Third, the perception of the cultural heritage of railways should be heightened, and SNS, blogs, and cafes need to strategically promote this heritage in order to increase the public's interest. Fourth, in addition to enacting legislations and gaining institutional support for the cultural heritage of railways, the budget to operate the responsible department, and employing staff for the heritage of railroad cars should be resolved as a priority in order to enhance the capability of managing this cultural heritage. In order to rationally protect the cultural heritage of railways and invigorate plans to protect the cultural heritage of railways, it is necessary to garner administrative and financial support, and enact the appropriate legislation. The heritage of railroad cars is priceless and has a social value in terms of regional icons, historic marks, and the record of life. It is considered that in this situation, the standard of amending both policy and the Cultural Properties Protection Law for the heritage of railroad cars should be urgently established.

A study on mandatory insurance for aircraft operators (항공보험 가입의무에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.169-197
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    • 2018
  • The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

Chinese Communist Party's Management of Records & Archives during the Chinese Revolution Period (혁명시기 중국공산당의 문서당안관리)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
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    • no.22
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    • pp.157-199
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    • 2009
  • The organization for managing records and archives did not emerge together with the founding of the Chinese Communist Party. Such management became active with the establishment of the Department of Documents (文書科) and its affiliated offices overseeing reading and safekeeping of official papers, after the formation of the Central Secretariat(中央秘書處) in 1926. Improving the work of the Secretariat's organization became the focus of critical discussions in the early 1930s. The main criticism was that the Secretariat had failed to be cognizant of its political role and degenerated into a mere "functional organization." The solution to this was the "politicization of the Secretariat's work." Moreover, influenced by the "Rectification Movement" in the 1940s, the party emphasized the responsibility of the Resources Department (材料科) that extended beyond managing documents to collecting, organizing and providing various kinds of important information data. In the mean time, maintaining security with regard to composing documents continued to be emphasized through such methods as using different names for figures and organizations or employing special inks for document production. In addition, communications between the central political organs and regional offices were emphasized through regular reports on work activities and situations of the local areas. The General Secretary not only composed the drafts of the major official documents but also handled the reading and examination of all documents, and thus played a central role in record processing. The records, called archives after undergoing document processing, were placed in safekeeping. This function was handled by the "Document Safekeeping Office(文件保管處)" of the Central Secretariat's Department of Documents. Although the Document Safekeeping Office, also called the "Central Repository(中央文庫)", could no longer accept, beginning in the early 1930s, additional archive transfers, the Resources Department continued to strengthen throughout the 1940s its role of safekeeping and providing documents and publication materials. In particular, collections of materials for research and study were carried out, and with the recovery of regions which had been under the Japanese rule, massive amounts of archive and document materials were collected. After being stipulated by rules in 1931, the archive classification and cataloguing methods became actively systematized, especially in the 1940s. Basically, "subject" classification methods and fundamental cataloguing techniques were adopted. The principle of assuming "importance" and "confidentiality" as the criteria of management emerged from a relatively early period, but the concept or process of evaluation that differentiated preservation and discarding of documents was not clear. While implementing a system of secure management and restricted access for confidential information, the critical view on providing use of archive materials was very strong, as can be seen in the slogan, "the unification of preservation and use." Even during the revolutionary movement and wars, the Chinese Communist Party continued their efforts to strengthen management and preservation of records & archives. The results were not always desirable nor were there any reasons for such experiences to lead to stable development. The historical conditions in which the Chinese Communist Party found itself probably made it inevitable. The most pronounced characteristics of this process can be found in the fact that they not only pursued efficiency of records & archives management at the functional level but, while strengthening their self-awareness of the political significance impacting the Chinese Communist Party's revolution movement, they also paid attention to the value possessed by archive materials as actual evidence for revolutionary policy research and as historical evidence of the Chinese Communist Party.