• Title/Summary/Keyword: 부속서19

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A Legal Study on Safety Management System (항공안전관리에 관한 법적 고찰)

  • So, Jae-Seon;Lee, Chang-Kyu
    • 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.

Aviation Safety Regulation and ICAO's Response to Emerging Issues (항공안전규제와 새로운 이슈에 대한 ICAO의 대응)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.207-244
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    • 2015
  • Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

A Study on Legal and Institutional Improvement Measures for the Effective Implementation of SMS -Focusing on Aircraft Accident Investigation-

  • Yoo, Kyung-In
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.101-127
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    • 2017
  • Even with the most advanced aviation technology benefits, aircraft accidents are constantly occurring while air passenger transportation volume is expected to double in the next 15 years. Since it is not possible to secure aviation safety only by the post aircraft accident safety action of accident investigations, it has been recognized and consensus has been formed that proactive and predictive prevention measures are necessary. In this sense, the aviation safety management system (SMS) was introduced in 2008 and has been carried out in earnest since 2011. SMS is a proactive and predictive aircraft accident preventive measure, which is a mechanism to eliminate the fundamental risk factors by approaching organizational factors beyond technological factors and human factors related to aviation safety. The methodology is to collect hazards in all the sites required for aircraft operations, to build a database, to analyze the risks, and through managing risks, to keep the risks acceptable or below. Therefore, the improper implementation of SMS indicates that the aircraft accident prevention is insufficient and it is to be directly connected with the aircraft accident. Reports of duty performance related hazards including their own errors are essential and most important in SMS. Under the policy of just culture for voluntary reporting, the guarantee of information providers' anonymity, non-punishment and non-blame should be basically secured, but to this end, under-reporting is stagnant due to lack of trust in their own organizations. It is necessary for the accountable executive(CEO) and senior management to take a leading role to foster the safety culture initiating from just culture with the safety consciousness, balancing between safety and profit for the organization. Though a Ministry of Land, Infrastructure and Transport's order, "Guidance on SMS Implementation" states the training required for the accountable executive(CEO) and senior management, it is not legally binding. Thus it is suggested that the SMS training completion certificates of accountable executive(CEO) and senior management be included in SMS approval application form that is legally required by "Korea Aviation Safety Program" in addition to other required documents such as a copy of SMS manual. Also, SMS related items are missing in the aircraft accident investigation, so that organizational factors in association with safety culture and risk management are not being investigated. This hinders from preventing future accidents, as the root cause cannot be identified. The Aircraft Accident Investigation Manuals issued by ICAO contain the SMS investigation wheres it is not included in the final report form of Annex 13 to the Convention on International Civil Aviation. In addition, the US National Transportation Safety Board(NTSB) that has been a substantial example of the aircraft accident investigation for the other accident investigation agencies worldwide does not appear to expand the scope of investigation activities further to SMS. For these reasons, it is believed that investigation agencies conducting their investigations under Annex 13 do not include SMS in the investigation items, and the aircraft accident investigators are hardly exposed to SMS investigation methods or techniques. In this respect, it is necessary to include the SMS investigation in the organization and management information of the final report format of Annex 13. In Korea as well, in the same manner, SMS item should be added to the final report format of the Operating Regulation of the Aircraft and Railway Accident Investigation Board. If such legal and institutional improvement methods are complemented, SMS will serve the purpose of aircraft accident prevention effectively and contribute to the improvement of aviation safety in the future.

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A study on the Analysis Method and Pollution Measure of existed VOCs during the Bulk Liquid Cargo Operation at Vessels (산적 액체 화물 작업중 배출되는 VOCs 분석방법 및 오염 측정 연구)

  • Cheong, Kwang-Hyun;Lee, In-Ho
    • Proceedings of KOSOMES biannual meeting
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    • 2007.05a
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    • pp.21-26
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    • 2007
  • The Protocol adopted in Sep. 1997 included the new Annex VI of MARPOL 73/78, which entered into force on 19 May 2005. Revision for the accept MARPOL Annex VI with make public on 29 Dec. 2005 and enforce on 29 Jun. 2006. For all that not installation at oil terminal or if installed do not used. The purpose of this study is to research and evaluate the methods of sampling and analysis, and the pollution measure of existed VOCs during the bulk liquid cargo operation at vessels. As the sampling instrument of VOCs, Tedlar bag has the effect of decrease in concentration by the chemical reaction and absorption, and the method using the solvent extraction has error cause because of the extraction, the absorption tube has error by the breakthrough. But canister is the best sampling instrument because of having no sampling mistake. The study on VOCs emission is not sufficient for the research on the pollution cause and the analysis data on the HAP during the bulk liquid cargo operation at vessels. Hence, monitoring on the management hazardous VOCs need to be continued during the cargo operation at vessels and VOCs management field must be study for the make progress at a good pace for reason of crew's health.

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A Study on Microorganism Dominant Species in Bench-scale Shipboard STP Using Combined SBR and MBR Process (SBR 및 MBR 복합공정을 적용한 Bench-scale Shipboard STP에서의 미생물 우점종에 관한 연구)

  • Choi, Young-Ik;Shin, Dae-Yeol;mansoor, Sana;Kwon, Min-Ji;Jung, Jin-Hee;Jung, Byung-Gil
    • Journal of the Korean Society for Environmental Technology
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    • v.19 no.6
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    • pp.550-555
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    • 2018
  • International Maritime Organization (IMO) is one of the most effective organizations in evolving international law for the protection and conservation of the marine environment. The IMO, MARPOL(Marine Pollution) 73/78 contains six Annexes that provide an overarching framework for the objectives of the international marine pollution. Annex IV was regulated by 64 th resolution in 2012 to control sea pollution from sewage. In 2014 large-scale wastewater treatment and nutrient removal device was developed with a grant from the Ministry of Oceans and Fisheries. A combined new process of Sequence Batch Reactor (SBR) and Membrane Bioreactor(MBR) was developed to overcome the pollution caused by shipboard sewage. In the present study, shipboard sewage wastewater was treated by mixing and aeration cycle in the newly developed SBR process. Furthermore, during analysis by NGS technique(Macrogen Co., Ltd.), dominant species of bacteria were found in the aeration tank of the Bench-scale wastewater treatment facility. Bacteroidetes and Gammaproteobacteria accounted for 27.1 % of the aerobicbacteria and 16.8 % of the anaerobicbacteria, respectively. Microorganisms play a vital role in shipboard wastewater treatment. A further detailed study is required to understand the precise role of the microorganisms in the wastewater treatment.

Study on the Trend for Changing Civil Aviation Law in Korea (국내 항공법 체계 개정 방안 - 외국의 항공법 체계와의 비교를 중심으로 -)

  • Lee, Kang-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.55-96
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    • 2004
  • The Reform Aviation Act of 2004 that which devided the basic aviation act and the act related aviation accident investigation announced in July 2004. The purpose of this study is to review standards and recommendations of Annexes for International Civil Aviation Convention and CFR of FAA in USA, Aviation Act of Japan, Civil Aviation Act of Australia, Aeronautics Act of Canada, Air Navigation Act of Singapore. and then after these review, we tried to compare them with Korean Aviation Law, Enforcement Decree, Regulations related their system. At the result of this study, we find out many advanced countries divided into basic Aviation act and accident investigation act. finally we have suggested mid and longtern plan and implementation which applicable to set up domestic aviation law system.

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An Overview of Korean Sharks Listed by the IUCN and CITES (IUCN과 CITES에 등재된 한국산 상어류의 현황)

  • Jeong, Choong-Hoon;Choi, Youn;Oh, Jeong-Kyu;Kim, Min-Seop;Jeong, Seung Jin
    • Korean Journal of Ichthyology
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    • v.28 no.2
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    • pp.125-133
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    • 2016
  • Sharks (Selachii) comprising about 510 valid species worldwide. Forty-three shark species belonging to 30 genera, 19 families and 8 orders have been found in Korean coastal waters, and all these are registered at the IUCN Red List as followings: endangered (EN) 1 species (2.3%) (vs. worldwide 15 spp., 3.2%), vulnerable (VU) 11 spp. (25.6%) (vs. 48 spp., 10.3%), near threatened (NT) 10 spp. (23.3%) (vs. 67 spp., 14.4%), least concern (LC) 9 spp. (20.9%) (vs. 115 spp., 24.7%), data deficient (DD) 12 spp. (27.9%) (vs. 209 spp., 44.9%), and critically endangered (CR) absent (vs. 11 spp., 2.4%). Twelve species among 43 sharks distributing in Korean waters are assessed as Threatened in the IUCN Red List categories and criteria as followings: Sphyrna lewini (EN, A2bd+4bd), Rhincodon typus (VU, A2bd+3d), Cetorhinus maximus (VU, A2ad+3d), Carcharodon carcharias (VU, A2cd+3cd), Isurus oxyrinchus (VU, A2abd+3bd+4abd), Alopias pelagicus (VU, A2d+4d), A. vulpinus (VU, A2bd+3bd+4bd), Carcharhinus plumbeus (VU, A2bd+4bd), S. zygaena (VU, A2bd+3bd+4bd), Squalus suckleyi (VU, A2bd+3bd+4bd), Squatina japonica (VU, A2d+4d), and S. nebulosa (VU, A2d+4d). Eighteen chondrichthyan species are registered in the list of the CITES Appendices, among them five sharks are distributing in Korean waters as Appendix II, i.e., R. typus, C. maximus, C. carcharias, S. lewini and S. zygaena. The scientific name of "Gobsangeo" has been changed from Squalus acanthias of the North Pacific to S. suckleyi, and "Mojorisangeo" from S. megalops of the Northwest Pacific to brevirostris.

Discriminatory Financial Measures on Non-Cooperative Jurisdictions and their Compatibility with the WTO GATS: Focus on the Appellate Body Report on Argentina-Financial Services (조세투명성에 협력하지 않는 국가에 대한 차별적 금융조치의 WTO GATS 합치성 - Argentina-Financial Services 상소기구보고서에 대한 분석을 중심으로 -)

  • Yoo, Hee Jin
    • International Commerce and Information Review
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    • v.19 no.4
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    • pp.95-124
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    • 2017
  • The dispute analysed in this article concern eight measures taken by Argentina regarding finance, taxation, foreign exchange, and registration. The dispute centered on whether these measures were in violation of the Member's obligations under the General Agreement on Trade in Services (GATS), namely most-favored national treatment, national treatment and market access, and whether they are justified by Article XIV and Article 2(a) of the Annex on Financial Services. Important arguments raised in the dispute include whether the services and the service providers of cooperative and non-cooperative countries and/or Argentina subjected to the measures are like for the purposes of Article II and Article XVII of the GATS, whether the regulatory aspects of the measures are to be considered in determining the inconsistency with Article II and Article XVII of the GATS, and whether the measures are justified in that they were taken in accordance with the national laws and regulations aimed at implementing the Global Forum on Transparency and Exchange of Information for Tax Purposes and the Financial Action Task Force. The essence of this dispute lies in the balance of each Member's right to regulate commercial and/or financial activities and its obligations under the GATS. The Appellate Body tried to strike such a balance in its assessment of: (i) likeness of services and service suppliers, (ii) no less favorable treatment under Articles II and XVII, and (iii) the scope of measures under Article 2(a) of the Annex on Financial Services. This article aims to provide an analysis of the Appellate Body's findings, giving light to the relevant jurisprudence and scholars' writings.

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A Study on the Legal Issues relating to the Aircraft Accident and its Investigation (항공기사고와 사고조사에 관한 법적 제 문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.137-162
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    • 2004
  • Generally the aircraft accident caused a great loss of lives, severe property damages including aircraft's total loss and thus, affect enormous emotional and economic damages to the public. We, therefore, should try every efforts to prevent the re-occurrence of aircraft accident by examining the cause of accident closely and discovering it through aircraft accident investigation. Though the object of an accident investigation is not to apportion blame but to discover a cause or causes of an accident to prevent future accidents, the cause of an accident would play a vital role in determining the liability of the carrier, legal relationship with the third party and jurisdiction, etc. in the aviation litigation. Therefore, it is very important that aircraft accident investigation are carried out by a professional and independent agency. Also, it needs for us to be careful in applying investigation results in the courts not to be deterrent to discovering the cause of accident. Korea now has the Aviation Accident Investigation Agency Board under the Korean Ministry of Construction and Transportation, but unfortunately it is often pointed out that it lacks professionalism and independency due to the bureaucratism of the Government. We, therefore, should establish a professional and independent aircraft accident investigation agency like United States' NTSB and reflect the issues mentioned-above on the new Act.

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Analysis of Randomized Controlled Trial Study of Korean Herbal Medicine Treatment for Acne (여드름 한약 치료의 무작위 대조군 임상연구에 관한 분석)

  • Lee, Ma-Eum;Kwon, Kang;Jee, Seon-Young;Hwangbo, Min;Kim, Chul-Yun;Seo, Hyung-Sik
    • The Journal of Korean Medicine Ophthalmology and Otolaryngology and Dermatology
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    • v.35 no.4
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    • pp.139-162
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    • 2022
  • Objectives : The review was conducted to validate the effectiveness of herbal medicines on acne. Methods : Randomized controlled trials(RCTs) reporting the effects of herbal medicine treatment on acne were searched through seven electronic databases from the time of application of the material to October 2021. Cochrane Collaboration's Risk of Bias was used to assess the risk of bias. Analysis was performed using Review Manager 5.4 and R 4.1.0 Meta, Metafor program. Results : 34 RCTs was selected and meta-analysis was performed with 30 studies. The inflammatory lesion count of the herbal medicine(MD=0.29, 95% CI:-0.59-0.01, p<0.01, I2=80%) and the non inflammatory lesion count of herbal medicine(MD=-0.30, 95% CI:-0.70-0.10, p<0.01, I2=78%) were seen. The score of IGA(RR=1.43, 95% CI:0.90-2.27, p<0.91, I2=0%), VISIA(MD=0.36, 95% CI:0.21-0.51, p=0.07, I2=40%), effective rate(RR=1.23, 95% CI:1.05-1.44, p<0.01, I2=98%), DLQI(MD : 0.59, 95% CI:0.14-1.04, p=0.07, I2=63%) and recurrence rate(RR=0.36, 95% CI:0.23-0.58, p=0.73, I2=0%) were seen. The effective rate of herbal medicine were statistically higher that of the control group(WM)(RR=1.19, 95% CI:1.04-1.37, p<0.01, I2=97%). As a result of dividing the treatment groups into OHM, EHM, and OEHM, the EHM group(RR=1.17, 95% CI:0.79-1.72, p<0.01, I2=99%) showed the most statistically significant effect. The overall risk of bias of the included studies was some concerns. No serious adverse effects were observed. Conclusions : This review found the effectiveness of herbal medicine for acne.