• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.267-290
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• 2018

This paper reviews and criticizes the EU Case of C-452/13, Germanwings GmbH v. Ronny Henning. Under this case, Ronny Henning later sued Lufthansa's budget carrier Germanwings after it refused to pay him 250 euros compensation for a delay he said totalled more than three hours. Germanwings, however, maintained his flight had arrived only two hours and 58 minutes behind schedule. In those circumstances, the following question to the European Court of Justice (ECJ) for a preliminary ruling: What time is relevant for the term time of arrival used in Articles 2, 5 and 7 of Regulation [No 261/2004]: (a) the time that the aircraft lands on the runway (touchdown); (b) the time that the aircraft reaches its parking position and the parking brakes are engaged or the chocks have been applied (in-block time); (c) the time that the aircraft door is opened; (d) a time defined by the parties in the context of party autonomy? ECJ says that the situation of passengers on a flight does not change substantially when their aircraft touches down on the runway at the destination airport, when that aircraft reaches its parking position and the parking brakes are engaged or when the chocks are applied, as the passengers continue to be subject, in the enclosed space in which they are sitting, to various constraints. Therefore, it is only when the passengers are permitted to leave the aircraft and the order is given to that effect to open the doors of the aircraft that the passengers may in principle resume their normal activities without being subject to those constraints. ECJ rules that it is apparent that Articles 2, 5 and 7 of Regulation No 261/2004 must be interpreted as meaning that the concept of 'arrival time', which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

• Korean Journal of Poultry Science
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• v.46 no.2
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• pp.105-115
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• 2019

In this study, viability, growth performance and egg production performance were investigated to determine the productive characteristics of 12 Korean domestic chicken varieties which have been collected and conserved for over 25 years in National Institute of Animal Science, Rural Development Administration, Korea. The 1,134 hens were tested and their production traits including survival rate, body weight, age at first egg laying, hen-day and hen-housed egg production, egg weight, and egg quality were measured. Survival rate was the highest in Korean Rhode-D and Korean Native Chicken (KNC) White and the lowest in Korean Cornish Brown (92.2% and 54.3%, respectively). Body weights from 4 to 50 wks were consistently high in the order of Korean Cornish, Korean Rhode, KNC, Korean Ogye, and Korean Leghorn breeds. There was no significant difference in weight between varieties within a breed. Age at first egg laying was the shortest in Korean Leghorn, while it was the longest in Korean Cornish. The hen-day egg production from $1^{st}$ egg to 57 wks was the highest in Korean Leghorn-K, and the lowest in Korean Cornish Brown. Egg weight was the heaviest in Korean Leghorn-F and the lightest in KNC White. The Haugh unit was the highest in Korean Rhode-C and the lowest in Korean Ogye. Taken together, these results suggest that it is desirable that the Korean Cornish variety is improved as the Korean meat breed because of its excellent growth ability, the Korean Leghorn variety is improved as the Korean layer breed because of its good laying performance, and the Korean Rhode and KNC varieties are improved as strong viable breeds because of their good survival rate.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.367-418
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• 2018

Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

• Journal of Korean Tunnelling and Underground Space Association
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• v.21 no.1
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• pp.31-48
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• 2019

The artificial ground freezing (AGF) method is a groundwater cutoff and/or ground reinforcement method suitable for constructing underground structures in soft ground and urban areas. The AGF method conducts a freezing process by employing a refrigerant circulating through a set of embedded freezing pipes to form frozen walls serving as excavation supports and/or cutoff walls. However, thermal expansion of the pore water during freezing may cause excessive deformation of the ground. On the other hand, as the frozen soil is thawed after completion of the construction, mechanical characteristics of the thawed soil are changed due to the plastic deformation of the ground and the rearrangement of soil fabric. This paper performed a field experiment to evaluate the freezing rate of marine clay in the application of the AGF method. The field experiment was carried out by circulating liquid nitrogen, which is a cryogenic refrigerant, through one freezing pipe installed at a depth of 3.2 m in the ground. Also, a piezo-cone penetration test (CPTu) and a lateral load test (LLT) were performed on the marine clay before and after application of the AGF method to evaluate a change in strength and stiffness of it, which was induced by freezing-thawing. The experimental results indicate that about 11.9 tons of liquid nitrogen were consumed for 3.5 days to form a cylindrical frozen body with a volume of about $2.12m^3$. In addition, the strength and stiffness of the ground were reduced by 48.5% and 22.7%, respectively, after a freezing-thawing cycle.

• The Korean Journal of Archival Studies
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• no.50
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• pp.273-309
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• 2016

Unlike other government agencies, the city of Seoul experienced a three-year gap between the establishment of a function classification system and the introduction of a business management system. As a result, the city has been unable to manage the current status of the function classification system, and this impeded the establishment of standards for records management. In September 2012, the Seoul Metropolitan Government integrated the department in charge of the standard sheet for record management with the department of function classification system into a new department: "Information Disclosure Policy Division." This new department is mainly responsible for record management and information disclosure, and taking this as an opportunity, the city government has pushed ahead with the maintenance project on BRM and Standards for Record Management (hereby "BRM maintenance project") over the past two years, from 2013 to 2014. The study was thus conducted to introduce the case for the improvement of standards for record management through the BRM maintenance project by mainly exploring the case of Seoul. During the BRM maintenance project, Seoul established a unique methodology to minimize the gap between the operation of a business management system and the burden of the person in charge of the BRM maintenance project. Furthermore, after the introduction of the business management system, the city government developed its own processes and applied the maintenance result to the system in close cooperation with the related departments, despite the lack of precedence on the maintenance of the classification system. In addition, training for the BRM managers of the department has taken place twice -before and after the maintenance-for the successful performance of the BRM maintenance project and the stable operation of the project in the future. During the period of maintenance, newsletters were distributed to all employees in an effort to induce their active participation and increase the importance of records management. To keep the performance of the maintenance project and to systematically manage BRM in the future, the city government has mapped out several plans for improvement: to apply the "BRM classification system of each purpose" to the service of the "Seoul Open Data Plaza"; to reinforce the function for task management in the business management system; and to develop the function of a records management system for the unit tasks. As such, the researchers hope that this study would serve as a helpful reference so that the organizations-which had planned to introduce BRM or to perform the maintenance project on classification system-experience fewer trials and errors.

• The Korean Journal of Archival Studies
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• no.39
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• pp.281-318
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• 2014

This article aims to inquire into the decision making system and the sources of the original documents made by means of it in Imperial Japan, the colonial Chosun, GHQ, and the occupied Japan in terms of the post-war treatments of compensation on the Japanese colonial rules. It deals with them from 1910 to 1952 in the perspective of history and archivistics. This article attempts to establish the foundation on which the perception of the documents made in the Imperial Japan, its colony, and the occupied territory would be widened by placing the colonial rules and the compensation on them into a continuous line. The records of Japan's forced occupation of Korea during 1910-1945, and the original records documenting the decision making process of post-war compensation under GHQ, 1945-1952, have been dispersed in Korea, Japan and the United States. This dispersed preservation was mainly due to the complicated decision-making process among Governor-General of Chosun, the Japanese Imperial government, and the GHQ. It was the top-down styled, dual decision making system, in which the critical policies, personnel, and budget had been decided in Imperial homeland, while their implementations were made in the colonies. As a result, the records documenting the whole process of domination have been preserved dispersedly in Japan and its colonies. In particular, the accounts of not yet paid Korean workers that was forced to mobilize in Japan's colonial periods, which is emerging as the diplomatic conflict between Korea and Japan, had been dealt in the decrees of the Japanese government and policy-making of GHQ. It has already been changed to the problem as 'economic cooperation' from the 'debt'. Also, the critical records for post-war compensation were preserved dispersedly in the United States and Japan under the top-down decision making process of GHQ-Japan. Therefore, the dispersed records of 1910-1952 about the colonial rules by the Imperial Japan and the post-war compensation on them must be re-investigated for the adequate documentation in the context of time and space.

• The Korean Journal of Archival Studies
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• no.44
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• pp.51-99
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• 2015

The purpose of the archival appraisal has gradually changed from the selection of records to the documentation of the society. In particular, the qualitative and quantitative developments of the current digital technology and web have become the driving force that enables semantic acquisition, rather than physical one. Under these circumstances, the concept of 'documentary heritage' has been re-established internationally, led by UNESCO. Library and Archives Canada (LAC) reflects this trend. LAC has been trying to develop a new appraisal model and an acquisition model at the same time to revive the spirit of total archives, which is the 'Whole-of-society approach'. Features of this approach can be summarized in three main points. First, it is for documentary heritage and the acquisition refers to semantic acquisition, not the physical one. And because the object of management is documentary heritage, the cooperation between documentary heritage institutions has to be a prerequisite condition. Lastly, it cannot only documenting what already happened, it can documenting what is happening in the current society. 'Whole-of-society approach', as an appraisal method, is a way to identify social components based on social theories. The approach, as an acquisition method, is targeting digital recording, which includes 'digitized' heritage and 'born-digital' heritage. And it makes possible to the semantic acquisition of documentary heritage based on the data linking by mapping identified social components as metadata component and establishing them into linked open data. This study pointed out that it is hard to realize documentation of the society based on domestic appraisal system since the purpose is limited to selection. To overcome this limitation, we suggest a guideline applied with 'Whole-of-society approach'.

• The Korean Journal of Archival Studies
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• no.29
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• pp.225-268
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• 2011

The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public's right to know. At the same time, the government should enact the Data Protection Act to provide the public's right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so. The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold. The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities. This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.

• The Korean Journal of Mycology
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• v.47 no.1
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• pp.51-61
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• 2019

The goal of this study was to elucidate wild yeast diversity of Geumgang midstream near Sejong metropolitan autonomous city, Korea. Thirty-seven strains of 32 species of wild yeasts were isolated from 43 water and soil samples under the Bulti bridge of Sejong city, Korea. Seven yeasts of each Candida spp. and Cryptococcus spp. were the predominant species isolated from samples near the Bulti bridge. Holtermanniella takashimae SW048 (NNIBRFG9314), Cystofilobasidium infirmominiatum SW013 (NNIBRFG9310), Mrakia cryoconite SW015 (NNIBRFG9316), Pichia sporocuriosa SW085 (NNIBRFG9326) and Cryptococcus aspenensis SW008 (NNIBRFG9309) represented novel yeast strains found in Korea for the first time. All of these previously unrecorded yeasts, except for Mrakia cryoconite SW015 had ascospores and grew well in yeast extract-peptone-dextrose (YPD), yeast extract-malt extract (YM) and potato-extrose (PD) media. Pichia sporocuriosa SW085 grew well in vitamin-free medium and Holtermanniella takashimae SW048, which was a halotolerant wild yeast, grew well YPD medium containing 5 % NaCl. Twenty-six strains representing eight species of wild yeast were isolated from 22 water and soil samples under the Haetmuri bridge of Sejong city, Korea. Candida pseudolambica (12 strains) and Aureobasidium pullulans (11 strains) were the predominant isolates from samples near the Haetmuri bridge. Occultifur kilbournensis HB060 (NNIBRFG9317), Sampaiozyma vanillica HB014 (NNIBRFG9332), Xenoramularia neerlandica HB039 (NNIBRFG9335), Candida norvegica HB315 (NNIBRFG9306), C. melibiosica HB316 (NNIBRFG9305), C. quercuum GB014 (NNIBRFG9307), and C. succiphila GB015 (NNIBRFG9308) represented novel yeast strains recorded in Korea for the first time. O. kilbournensis HB060 and X. neerlandica HB039 did not form ascospores or pseudo-mycelia. All of these previously unrecorded yeasts, except S. vanillica HB014 and X. neerlandica HB039, grew well in vitaminfree medium, and C. norvegica HB315 and C. succiphila GB015, which were halotolerant wild yeasts, which grew well in YPD medium containing 5 % NaCl.

• Journal of Korean Society of Forest Science
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• v.108 no.1
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• pp.67-76
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• 2019

With an increasing demand of timber production, the use of heavy machinery in forest management has significantly increased, causing the changes of soil physical properties and the decline of long-term site productivity. This study was conducted to evaluate the effects of logging slash (non-slash, slash $7.3kg/m^2$, and slash $11.5kg/m^2$) and machine passes(harvester 1 pass and forwarder 1 to 10 passes) on soil physical properties at 10 cm, 20 cm and 30 cm soil depths in harvester and forwarder operations and also to estimate the degree of soil surface disturbance. The results indicated that soil bulk density in the non-slash treatment site increased 10 %~29 % (25~139 % in soil penetration resistance) at all soil depths, compared with the slash treatment site(slash $11.5kg/m^2$). Therefore, the creation of a slash mat could be an effective way to minimize the changes of soil physical properties. In addition, 92 % of total soil compaction in slash treatment site was created within harvester 1 pass and forwarder 5 passes. In non-slash treatment site, 84 % of total soil compaction was created within first harvester and forwarder passes. The results showed that slash treatment was effective to reduce soil compaction caused by machine passes and also it is necessary to create designed forwarding trails for minimizing soil compaction area at timber harvesting sites.