• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.97-158
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• 2010

The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

• Journal of the Society of Disaster Information
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• v.9 no.2
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• pp.178-187
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• 2013

This paper studied the potential risk of high-rise apartment by analysis of the loss ratio of housing fire insurance, statistics related high-rise apartment fire, and the insured amount of housing fire insurance, and, found that it is so high and need the improvement of risk management measures for high-rise apartment. Accordingly, the study recommend the composit risk management measures including preventing of fire expanding for higher stories, a shelter for people of hire-rise apartment, and sprinkler protection, etc. Also as risk transfer measures, the composit risk measures for high-rise apartment includes the full insurance of housing fire insurance, third party property liability insurance, and development of endorsement for special risk such as a typhoon, liability etc.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.125-147
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• 2011

Considering a trend of logistics and transport industry in these days, it can be said that international express courier service is one of the most familiar transport type to the general public. Especially in Korea, due to development of electronic commercial transaction and the popularity of television home shopping, it can easily anticipated that express courier business will continuously grown in the future. However, the legal basis for international express courier is not properly set up so far. The only clause about this can be found on Korean Aviation Law said as 'commercial documents delivery business'. The origin of the commercial documents delivery business in Aviation Law is to make exception from public postal services which has been exclusive status as monopoly based on the Korean Postal Law. Basically, according to this regulation, all the private postal delivery is prohibited except some sort of commercial documents such as consignment notes, packing list, invoice etc. Thus, those documents could be delivered not only by public postal services but also by private courier company according to the Korean Postal Law. This waiver has probably come from under developing condition of Korean postal circumstances, however it should be revised according to the modernized business practice. Reflecting these revisions, the articles of Korean Postal Law adopted 'international express courier document' as the exception of postal service. Therefore, Korean Aviation Law also needs to be revised as Postal Law in due course. In addition to revision of Korean Aviation Law, some sort of new legislation is required to govern the private legal aspects such as legal liabilities, duties and rights of each parties on international express courier. This should be governed by 'law' not by 'terms and conditions' provided by business operators. Furthermore, to support and develop the current domestic logistics companies as international express courier company, it is required to regulate with the separate express courier law.

• Korean Journal of Construction Engineering and Management
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• v.8 no.1 s.35
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• pp.150-158
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• 2007

The delay of construction is one of the most frequent and complicated elements of the claim. And the liquidated damages cause many disputes during the judgement. The liquidated damages should be a compensation for owner's substantial loss, but actually be applied as a damage for breach of contract. These damages are different from owner's loss and give constructors a excessive burden. So we need a more reasonable system than a lump application system. In this study, we make a Improvement System, that based on owner's substantial loss, and suggest the new liquidated damages calculation method.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.183-212
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• 2004

Die Haftung des Luftfrachtf${\"{u}}$hrers nach dem ge${\"{a}}$nderten Luftverkehrsgesetz 2004 In dieser Arbeit handelt es sich um das ge${\"{a}}$nderte Luftverkehrsgesetz in Deutschland. Neuerdings werden die bisherige Vielzahl von v${\"{o}}$lkerrechtlichen Abkommen und Protokollen, europarechtlichen Bestimmungen und privatrechtlichen Vereinbanmgen durch das Montrealer ${\"{U}}$bereinkommen 1999 zu einem einzigen Instrument zusammengefuhrt. Am 4. 11. 2003 ist das ${\"{U}}$bereinkommen von Montreal f${\"{u}}$r die Ratifikationsstaaten in Kraft getreten. Der Anwendungsbereich des Montrealer ${\"{U}}$bereinkommen beschr${\"{a}}$nkt sich jedoch nach dessen Art. 1 auf die internationale Bef${\"{o}}$rderung. Urn bei reinen Inlandf${\"{a}}$llen einen Gleichlauf zu gew${\"{a}}$hrleisten, will der deutsche Gesetzgeber im Zuge der Ratifikation in ${\S}$ 46 LuftVG eine entsprechende nationale Haftungsbestimmung schaffen.

• Proceedings of the Korea Information Processing Society Conference
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• 2009.11a
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• pp.595-596
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• 2009

정보화의 발전에 비례하여 정보보호의 중요성도 높아지고 있다. 최근까지 정보보호에 대한 관심과 주요 연구의 흐름은 기술적인 보호조치(예: 암호화, 접근제어, 방화벽 등)와 관리적 관점의 행동연구였다. 최근에 들어서야 국내외적으로 정보보호 투자효과에 대한 연구가 활성화되기 시작했다. 정보보호 투자효과에 대한 계량적 산정이 필요한 이유는 정보보호의 중요성을 정확하게 인식할 수 있어 적정규모의 예산을 책정하고 효율적으로 예산을 투입할 수 있는 기초를 마련할 수 있기 때문이다. 정보보호 투자효과를 측정하기 위한 선행연구로 보안사고의 피해규모를 산정하는 연구가 필수적이다. 보안사고의 피해규모는 가시적 손실(피해복구, 생산성 저하, 손해배상 등)과, 비가시적 손실(고객 충성도 저하, 회사의 브랜드 이미지 하락 등) 규모의 합으로 구성된다. 그 동안 가시적 손실규모 측정에 관한 연구는 상대적으로 많았으나, 비가시적 손실규모 측정에 관한 연구는 상대적으로 미흡하였던 것이 사실이다. 이는 현실적으로 비가시적 손실규모를 측정할 수 있는 접근방법을 고안해내는 것이 어려웠기 때문이다. 이로 인해 막연히 비가시적 손실규모가 가시적 손실규모에 비해 대단히 클 것이라고 짐작해 올 수 밖에 없었다. 본 논문에서는 보안사고의 비가시적 손실규모를 측정하기 위해 대규모 개인정보 보안 사고가 발생한 기업의 매출액 증가율을 경쟁기업과 분석하는 연구방법을 제안한다. 매출액은 영업이익 및 순이익과는 달리 회사 내부적인 회계방침에 의해 규모의 조절이 불가능한 재무요소이면서 회사가 고객 충성도 저하와 회사의 브랜드 이미지 하락으로 인해 받게 되는 영향을 가장 정확하게 반영하는 재무요소이기도 하다. 연구방법에 따라 2008년 대규모 개인정보 보안사고가 발생한 국내기업을 선정하고 그 경쟁사와 매출액 변화추이를 비교 분석하였다. 분석결과 보안사고가 발생한 기업의 평균 매출액 증가율이 경쟁사 평균 매출액 증가율 보다 0.0225% 높다는 사실을 발견했다. 이 결과는 국내의 보안 사고가 기업 가치에 미치는 비가시적 영향이 거의 없거나 또는 발생하더라도 그 영향력이 미미하여 가격정책 및 광고 홍보를 통해 충분히 극복할 수 있다는 점을 대변한다. 본 논문의 결과는 역설적으로 국내 보안사고의 피해규모를 측정하는데 있어 가시적 손실규모의 정확한 측정이 무엇보다 중요함을 의미한다.

• Korea Trade Review
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• v.48 no.3
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• pp.23-41
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• 2023

The seller and the buyer write down the agreed details in the trade contract as trade contract clauses. In the case where a letter of credit is agreed to be the payment condition, the buyer shall open a letter of credit to the seller with the shipping date specified in the trade contract through its bank. In this case, the legal relationship between the performance date of the trade contract and the shipment date of the letter of credit, the change of the performance date of the trade contract due to the change of the trade contract and the change of the shipment date specified in the letter of credit, the seller's letter of credit A problem arises in the legal interpretation of the approval period and the change request period. Therefore, this paper analyzed the precedents of the Seongnam Branch of the Suwon District Court and the Seoul High Court related to these legal issues. The performance date of a trade contract is the seller's delivery date and the buyer's payment date. In the letter of credit transaction, the date of performance of the trade contract is regarded as the date of shipment and the date of negotiation of documents specified in the letter of credit. The seller must decide whether to accept the letter of credit within 5 banking days after receiving the letter of credit from the buyer. After this period has elapsed, the seller cannot refuse the letter of credit. However, if the buyer is unable to decide whether to accept the letter of credit within 5 banking days due to reasons attributable to the buyer, the delivery date specified in the letter of credit will be extended. If the seller requests an amendment to the letter of credit, the buyer must accept it and open the letter of credit the seller desires to the seller. If the buyer refuses the seller's request to change the letter of credit, company A has the obligation to change and reopen the letter of credit as requested by company B. Expect by agreeing on the quotation As it is a fundamental breach of contract stipulated in Article 25 of the United Nations Convention on Contracts for the International Sale of Goods, company B can cancel the trade contract and claim damages from company A. Compensation for damages caused by Company A's breach of the trade contract shall be an amount equal to the loss suffered by Company B as a result of the breach, including loss of profits.

• Korean journal of communication and information
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• v.40
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• pp.150-191
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• 2007

Defamation lawsuits of public figures against media have been an issue since Roh government set in. Dissension between the government and media has probably acted as the key factor on this problem. Accordingly, arguments on the defamation lawsuits of public figures occurred the political issues such as opposition between the Progressive and the Conservative Parties or between the ins and the outs and showed the limits to suggest an appropriate judgment or solution. This study will analyze how the court makes its judgement on their rights and the limits by understanding the characteristic and the problem of defamation lawsuits made by senior government officials including a politician, the government, the president, and etc. As results, the defamation lawsuits of politicians and senior government officials showed specially noteworthy matters in salvation (damage suits), the amount claimed, court costs, ratio of winning lawsuits, and etc. The result on the tendency of the court decision showed the following matters in confusion: it holds the media responsible for the burden of proof by applying the inappropriate criterion; The applied laws, especially in the inferior court decision, do not show the consistency of the burden of proof between the misconception/ intention (malice)/ accident/ purpose of slander on the legal principles of public figures. Therefore, this study suggests the court to apply an appropriate law, let alone regulating the Anti-SLAPP law, so that it curtails the rights of public figures; limits the salvation of damage suit; and protects the right only in the case of false accusation by applying the existing law of "the Protection of the Deceased's Defamation Law." In order to dissolve the confusion when applying the laws on the public figures, the study insists the court to positively apply the Constitutional Court made criterion on "people" and "content." The study also insists to distinguish "intention(malice)," "accident," and "purpose of slander" and variant sorts of the burden of proof should be applied to each.

• Korean Journal of Construction Engineering and Management
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• v.19 no.3
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• pp.52-60
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• 2018

Korea's public construction projects are under construction through bidding, however, due to the nature of the bidding, collusion between participants can occur. The collusion of bids accordingly damages the client. So, it is necessary to calculate the appropriate fictitious competition price to compensate for this. In this regard, econometrics methods are generally used, but there are limitations and issues arising from the nature of construction, especially design-build bid. Therefore, this study proposes a method to estimate reasonable competitive bid-price in design-build bid. It derives the lowest bid-price from the design submitted by the proponent and estimates the competitive bid-price by examining the factors according to the penetration rate according to the technical level of the tester, the skill level of the competitor, and the type of tester. Based on the method proposed in this study, a reasonable price can be derived that reflects the characteristics of the design and construction bidding bidder selection method and also it can be used as a reference material in the actual bidding process as well as calculating the damage due to the answer.

• Journal of Legislation Research
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• no.55
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• pp.193-237
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• 2018

The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.