• Title/Summary/Keyword: 연방정부

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A Comparative Study of Biotope Mapping between Korea and Germany (한국과 독일의 비오톱지도화에 대한 비교)

  • Choi, Il-Ki;Ahn, Geun-Young;Lee, Eun-Heui
    • Korean Journal of Environment and Ecology
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    • v.21 no.6
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    • pp.565-575
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    • 2007
  • The purpose of this study is to derive political implications and to look into the establishment of new directions for the biotope mapping across the Korean territory so that such biotope mapping process could be used as a means of actual plan for natural environment preservation through the comparative study of biotope mapping methodology with that of the biotope mapping pioneer-Germany. As for research methodology, this study collected literature and data related to the biotope mapping of Korea and Germany and examined the general characteristics and inclinations about biotope mapping of both country, at a level of the national territory, federal government, provincial government, city and settlement areas. As a result of the examination, first, it was found that Germany drew up a landscape eco-type map and ecological landscape grade map throughout the nation in order to preserve and manage effectively by differential landscape eco-type unit. In contrast, Korea drew up a map on which Degree of Green Naturality and Ecological Nature Status are reflected for natural environment preservation at a nationwide unit. Secondly, the biotope mapping of German was worked centering on natural areas and their corresponding areas at German provincial government level and it drew up a Red-list by each province, while Korea has yet to carry out biotope mapping at a provincial level corresponding to Germany's. Thirdly, the biotope mapping on German cities and settlement areas includes not only big city areas but also medium & small cities and rural areas whereas Korean biotope mapping is conducted mainly centering on urban areas. In conclusion, this study suggests that the biotope mapping including natural areas and anti-natural area, not limited to city areas should be revitalized in order to be a real means of the all territory's balanced natural environment and biotope preservation & management. In addition, for this purpose, this study suggests that research on biotope pattern catalog and biotope red-list applicable to all territory should be preceded.

A Chronological and Legal Study on Mitigation of Height Restriction in Flight Safety Zone around Airports - Mostly Regarding Civilian Airports - (공항 비행안전구역 고도완화의 연혁적 고찰과 해결방안에 관한 정책적·법적 고찰 - 민간 공항 중심으로 -)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.225-246
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    • 2020
  • More than technical or academic matter, mitigation of height restriction around airports is about up-dating out-dated policies that have not kept up with rapidly developing aircraft and air traffic control technologies. Above all, instead of calling out 'flight safety' that the public do not comprehend, it is important to examine and carry out measures that can protect people's right of property. MOLIT(Ministry of Land, Infrastructure, and Transport) after reviewing ICAO's Obstacle Limitation Surface TF, made an announcement to provide further plans that would apply to contracting states from 2026. However, residents of redevelopment areas near Kimpo international airport asserted that MOLIT's policy overlooks the reality of the redevelopment zone. ICAO, UN's specialized agency for civilian aviation, recommends in Annex 14, 4.2.4 that contracting states conduct an aeronautical study to determine the flight safety of horizontal surface(45m), excluding approach surface, and to mitigate height restrictions if no threat is found. Numerous countries including the United States have been following this recommendation and have been able to effectively protect people's right of property, whereas the South Korean government have not following it so far. The number of height restriction mitigation cases in the recent three months (2019. 7. 15~10. 14.) FAA of the United States have allowed after conducting an aeronautical study reaches 14,706. Japan and Taiwan also reconstruct airspace around airports in metropolitan areas in order to protect people's right of property. Just as the United States is following, MLIT should follow ICAO's recommendation in Annex 14. 4.2.4(Vol. 1. Airport Construction / Operation) and protect people's right of property by first applying aeronautical studies to the horizontal surface(45m) of flight safety zones until the specifics of ICAO's 2026 TF materialize.

A Study on the infringement of privacy of unmanned aircraft : Focusing on the analysis of legislation and US policy (무인항공기의 사생활 침해에 대한 법적 대응 : 미국 정책.입법안 분석을 중심으로)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.135-161
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    • 2014
  • An unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. ICAO classify unmanned aircraft into two types under Circular 328 AN/190. Unmanned aircraft, which is the core of the development of the aviation industry. However, there are also elements of the legal dispute. Unmanned aircraft are manufactured in small size, it is possible to shoot a record peripheral routes stored in high-performance cameras and sensors without the consent of the citizens, there is a risk of invasion of privacy. In addition, the occurrence of the people of invasion of privacy is expected to use of civilian unmanned aircraft. If the exposure of private life that people did not want for unmanned aircraft has occurred, may occur liability to the operator of unmanned aircraft, this is a factor to be taken into account for the development of unmanned aircraft industry. In the United States, which is currently led by the unmanned aircraft industry, policy related to unmanned aircraft, invasion of privacy is under development, is preparing an efficient measures making. Unmanned aircraft special law has not been enforced. So there is a need for legal measures based on infringement of privacy by the unmanned aircraft. US was presented Privacy Protection Act of unmanned aircraft (draft). However Korea has many laws have been enacted, to enact a new law, but will be able to harm the legal stability, there is a need for the enactment of laws for public safety of life. Although in force Personal Information Protection Law, unmanned aerospace, when the invasion of privacy occurs, it is difficult to apply the Personal Information Protection Law. So, it was presented a privacy protection bill with infringement of privacy of unmanned aircraft in the reference US legislation and the Personal Information Protection Act.

A study of poverty experiences among Korean elderly women in the United States (재미 한인 여성노인의 빈곤경험에 관한 연구)

  • Yeom, Jihye
    • 한국노년학
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    • v.40 no.4
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    • pp.801-821
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    • 2020
  • There are a number of prior studies on the poverty experience of Korean women, but little is known about the poverty experience of Korean elderly women in the U.S. The purpose of this study is to examine the poverty experiences of Korean elderly women who immigrated to the U. S. Qualitative case study methods were used to achieve these research objectives. Three Korean elderly women living in Oakland of California who received Supplemental Security Income (SSI) from the U.S. federal government were included in the study. The data were collected by conducting a total of six meetings per participant, and the researcher read the consent form directly to the participants and obtained a hand-written signature. The analysis and interpretation began by repeating the interview transcript several times, and the repeated keywords were to be understood in the context, focusing on time, space, and relationships with other people. The contextual understanding of Korean elderly women's experiences in poverty was interpreted in three dimensions: extending poverty in their mother country, double torture as female immigrants, and limiting labor due to aging and diseases. Before moving to the U.S., they had a difficult livelihood by farming and one of them had to live in poverty due to the bereavement to her husband. But even after moving to the U.S., they have continued to live in poverty. As female immigrants with low education and no special skills, they were incorporated into the periphery of the labor market in the industrialized U.S. and were forced to make a living with low wages. Korean elderly women were unable to return to the labor market in the surrounding areas due to aging and diseases, and were continuing their impoverished lives relying on SSI. From the findings, we discussed the role of the Korean immigrants community as a way to improve the quality of life for Korean elderly women in the U.S.

Study on Governance Legislation for Responses to Maritime Ship Disasters (해양 선박재난 대응을 위한 거버넌스 법제 연구)

  • Bang, Hosam;Ha, Minjae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.2
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    • pp.334-345
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    • 2022
  • The Enforcement Decree of the Framework Act on the Management of Disasters and Safety Article 3-2 specifies two 'disaster management supervision agencies' for responding to shipping disasters. These are the Korea Coast Guard, which is an on-scene disaster-responding and coordinating agency, and the Ministry of Ocean and Fisheries, which is a government department, thereby leading to possibilities for confusion. In the case of shipping disasters, where a personnel entitled full power to deal with shipping disasters is designated and his/her powers and duties are clearly made, relationship of leading and supporting agencies is made clear, and command system is simplified, an efficient response to shipping disasters is made possible. In the management of shipping disasters, all the disaster management processes, that is, prevention-preparedness-response-recovery, should be dealt with systematically and consistently. Notably, to swiftly and efficiently cope with a disastrous situation, the decision-making and command system must be simplified. The establishment of a command system and decision-making must be made independently, based on expertise. In the US, irrespective of the type of disasters, the FEMA plays a leading role and the USCG responds a response to maritime disasters by establishing the Incident Command System or Unified Command System that is an incident management system. In the UK, the MCA supervises an event and responds to it, and the SOSREP has full power to work with command and coordination independently. SOSREP, among others, is necessary to prevent an inefficient dealing of a shipping disaster owing to confrontation between participants. With reference to such leading States' practice, the Korean government should make a standardized and simplified response to maritime disasters. This study deals with a new maritime disaster responding system and provides an idea of the revision of the existing legal regime.

The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.