• The Korean Journal of Air & Space Law and Policy
• /
• v.32 no.2
• /
• pp.3-31
• /
• 2017

On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

• Korean Journal of Social Welfare
• /
• v.58 no.3
• /
• pp.135-168
• /
• 2006

This study reviewed pension reform's overall characteristic and(anticipated) positive negative effect in OECD countries's and then analysed middle-old age's retirement transition and determinants of full/gradual retirement through the $3{\sim}7th$ Korea Labor and Income Panel considering that Korea has been aging society quickly and it is necessary to suggest not only solution of early retirement and working age reduction but also pension reform. As a result of this study, about 1/4 of 50 years and older have been continuing to work through various pathways after retirement and 98% among fully retired older who passed by re-employment step of occupational status including retirement are still searching for jobs. This showed that it is also inappropriate to typical retirement concept itself on the lines of labour market participation in Korea and part-time/temporary work or self-employment have been used by means of alternatives of maintaining works for middle-old ages. However, the duration of changed occupational status of gradual retirees is mostly only $1{\sim}2$ years. Therefore it is necessary to support the gradual retirement to minimize a term of income insecurity and promote the work of the old ages who have will and capacity of work. Most of all, partial pension system which is main program of gradual retirement, should make the rules that beneficiaries are those who age less than pensionable age and benefit levels should be actuarial fairness together with pension system and provide substantial help. But, the introduction of partial pension system is not the only way to solve and needs overall social economic approach. Especially guarantee the increase of quantitative qualitative employment for middle-old ages linking labor market policy and supporting gradual retirement not ought to be abused to force the part time works and early retirement route against their own will.

• The Korean Journal of Air & Space Law and Policy
• /
• v.21 no.2
• /
• pp.71-96
• /
• 2006

This paper intends to describe the carrier's duty for the delivery of international air cargo and the carrier's liability for the illegal delivery of cargo under the Montreal Convention, lATA Conditions of Carriage for Cargo and judicial precedents. Under the Article 13 of Montreal Convention, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charge due and on complying with the conditions of carriage. And unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives. Under the Article 18 of Montreal Convention, the carrier is liable for damage sustained in the event of the destruction or less of or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. And the carriage by air comprises by the period during which the cargo is in the carriage of the carrier. Under the Article 11 of lATA Conditions of Carriage for Cargo, carrier is liable to shipper, consignee of any other person for damage sustained in the event of destruction of loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused to the damage so sustained took place during the carriage as defined under Article 1. According to the precedent of Korean Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the airway bill by the bonded warehouse operator because the freight forwarder did not designate the bonded warehouse and did not hold the position of employer to the bonded warehouse operator. In conclusion, the carrier or freight forwarder should pay always attention the movement and condition of the cargo not to be liable for the illegal delivery of cargo.

• Journal of Intelligence and Information Systems
• /
• v.21 no.1
• /
• pp.65-82
• /
• 2015

Recently, there has been a surge of interest in finding core issues and analyzing emerging trends for the future. This represents efforts to devise national strategies and policies based on the selection of promising areas that can create economic and social added value. The existing studies, including those dedicated to the discovery of future promising fields, have mostly been dependent on qualitative research methods such as literature review and expert judgement. Deriving results from large amounts of information under this approach is both costly and time consuming. Efforts have been made to make up for the weaknesses of the conventional qualitative analysis approach designed to select key promising areas through discovery of future core issues and emerging trend analysis in various areas of academic research. There needs to be a paradigm shift in toward implementing qualitative research methods along with quantitative research methods like text mining in a mutually complementary manner. The change is to ensure objective and practical emerging trend analysis results based on large amounts of data. However, even such studies have had shortcoming related to their dependence on simple keywords for analysis, which makes it difficult to derive meaning from data. Besides, no study has been carried out so far to develop core issues and analyze emerging trends in special domains like the aviation industry. The change used to implement recent studies is being witnessed in various areas such as the steel industry, the information and communications technology industry, the construction industry in architectural engineering and so on. This study focused on retrieving aviation-related core issues and emerging trends from overall research papers pertaining to aviation through text mining, which is one of the big data analysis techniques. In this manner, the promising future areas for the air transport industry are selected based on objective data from aviation-related research papers. In order to compensate for the difficulties in grasping the meaning of single words in emerging trend analysis at keyword levels, this study will adopt topic analysis, which is a technique used to find out general themes latent in text document sets. The analysis will lead to the extraction of topics, which represent keyword sets, thereby discovering core issues and conducting emerging trend analysis. Based on the issues, it identified aviation-related research trends and selected the promising areas for the future. Research on core issue retrieval and emerging trend analysis for the aviation industry based on big data analysis is still in its incipient stages. So, the analysis targets for this study are restricted to data from aviation-related research papers. However, it has significance in that it prepared a quantitative analysis model for continuously monitoring the derived core issues and presenting directions regarding the areas with good prospects for the future. In the future, the scope is slated to expand to cover relevant domestic or international news articles and bidding information as well, thus increasing the reliability of analysis results. On the basis of the topic analysis results, core issues for the aviation industry will be determined. Then, emerging trend analysis for the issues will be implemented by year in order to identify the changes they undergo in time series. Through these procedures, this study aims to prepare a system for developing key promising areas for the future aviation industry as well as for ensuring rapid response. Additionally, the promising areas selected based on the aforementioned results and the analysis of pertinent policy research reports will be compared with the areas in which the actual government investments are made. The results from this comparative analysis are expected to make useful reference materials for future policy development and budget establishment.

• Korean Journal of Heritage: History & Science
• /
• v.52 no.1
• /
• pp.190-211
• /
• 2019

In March 2015, The Agency for Cultural Affairs of Japan implemented a project called "Japan Heritage," which aims to promote the unique narratives of cultural properties of the region by branding the locality for revitalization in preparation for the 2020 Tokyo Olympics and Paralympics. This bottom-up approach of cultural policy has been called a "Cool Japan Strategy of Cultural Heritage" in the 21st century, which effectively incorporates local cultural heritage and tourism. However, although a total of 67 Japan Heritage projects have been designated as of December 2018, almost none has been introduced in the academic forum in Korea. On the basis of this background and a lack of academic awareness in Korea on Japan's recent cultural policies, this research aims to focus on the three cases of Gunma Prefecture implemented in local, global, and glocal aspects. To specify, the cases are the "Gunma Silk Heritage" project, implemented in 2011, the "Tomioka Silk Mill and Related Sites" project that was included on the UNESCO World Heritage List in 2014, and "The Best Wife in the World - Silk Story of Gunma," case certified as the first project of "Japan Heritage" launched in 2015. Based on the questionnaire method conducted with the World Heritage Registration Promotion Division in Gunma Prefectural Government, as well as a literature view, the research revealed that the consecutive implementation of a series of cultural heritage projects in Gunma is not coincidental, but rather a strategy aiming to create a synergism where each project complements the others. Moreover, this paper demonstrates that Gunma Prefecture has been utilizing the local silk industry as a tangible and intangible cultural resource in multi-layered heritage projects, resulting in a "spiral synergy effect" and a "chain of the recognition process." In conclusion, it illustrates the recent trend of utilizing cultural heritage in the context of the Cool Japan strategy, which seeks to move away from the administration of maintaining the status quo cultural heritage protection to a proactive one with greater potential growth. This research may thus provide meaningful insight into the utilization of domestic historical and cultural resources as well as related policy-making, in that it will ultimately promote the chain effect of linking the multiple heritage policies and projects at the local, global, and glocal levels.

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

• Economic and Environmental Geology
• /
• v.56 no.4
• /
• pp.457-473
• /
• 2023

Asbestos has been produced, imported and used in various industries in Korea over the past decades. Since asbestos causes fatal diseases such as malignant mesothelioma and lung cancer, the use of asbestos has been generally banned in Korea since 2009. However, there are still many asbestos-containing materials around us, and safe management is urgently needed. This study aims to examine asbestos-related trend changes using major asbestos-related keywords based on the asbestos trend analysis using big data for the past 32 years (1991 to 2022) in Korea. In addition, we reviewed both domestic trends related to the production, import, and use of asbestos before 1990 and asbestos-related policies from 2023 to 2027. From 1991 to 2000, main keywords related to asbestos were research, workers, carcinogens, and the environment because the carcinogenicity of asbestos was highlighted due to domestic production, import, and use of asbestos. From 2001 to 2010, the main keywords related to asbestos were lung cancer, litigation, carcinogens, exposure, and companies because lawsuits were initiated in the US and Japan in relation to carcinogenicity due to asbestos. From 2011 to 2020, the high ranking keywords related to asbestos were carcinogen, baseball field, school, slate, building, and abandoned asbestos mine due to the seriousness of the asbestos problem in Korea. From 2021 to present (2023), the main search keywords related to asbestos such as school, slate (asbestos cement), buildings, landscape stone, environmental impact assessment, apartment, and cement appeared.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.29 no.2
• /
• pp.188-196
• /
• 2023

Among marine accidents caused by bad weather, visibility restrictions caused by sea fog occurrence cause accidents such as ship strand and ship bottom damage, and at the same time involve casualties caused by accidents, which continue to occur every year. In addition, low visibility at sea is emerging as a social problem such as causing considerable inconvenience to islanders in using transportation as passenger ships are collectively delayed and controlled even if there are local differences between regions. Moreover, such measures are becoming more problematic as they cannot objectively quantify them due to regional deviations or different criteria for judging observations from person to person. Currently, the VTS of each port controls the operation of the ship if the visibility distance is less than 1km, and in this case, there is a limit to the evaluation of objective data collection to the extent that the visibility of sea fog depends on the visibility meter or visual observation. The government is building a marine weather signal sign and sea fog observation networks for sea fog detection and prediction as part of solving these obstacles to marine traffic safety, but the system for observing locally occurring sea fog is in a very insufficient practical situation. Accordingly, this paper examines domestic and foreign policy trends to solve social problems caused by low visibility at sea and provides basic data on the need for government support to ensure maritime traffic safety due to sea fog by factually investigating and analyzing social problems. Also, this aims to establish a more stable maritime traffic operation system by blocking marine safety risks that may ultimately arise from sea fog in advance.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
• /
• v.18 no.6
• /
• pp.57-70
• /
• 2023

The investigation delved into 457 pieces of scholarly work, encompassing articles, published theses, and dissertations from the National Research Foundation of Korea, spanning the period of the 1997 IMF financial crisis up to 2022. The materials were sourced using terms such as 'angel investment', 'angel investor', and 'angel investment attraction'. The initial phase involved filtering out redundant entries from the preliminary collection of 267 works, leaving aside pieces that didn't pertain directly to angel investment as indicated in their abstracts. The next stage of the analysis involved a more rigorous selection process. Out of 43 papers earmarked in the preceding cut, only 32 were chosen. The criteria for this focused on the exclusion of conference presentations, articles that were either not submitted or inconclusive, and those that duplicated content under different titles. The final selection of 32 papers underwent a thorough systematic literature review. These documents, all pertinent to angel investment in South Korea, were scrutinized under five distinct categories: 1) publication year, 2) themes of research, 3) strategies employed in the studies, 4) participants involved in the research, and 5) methods of research utilized. This meticulous process illuminated the existing landscape of angel investment studies within Korea. Moreover, this study pinpointed gaps in the current body of research, offering guidance on future scholarly directions and proposing social scientific theories to further enrich the field of angel investment studies and analysis also seeks to pinpoint which areas require additional exploration to energize the field of angel investment moving forward. Through a comprehensive review of literature, this research intends to validate the establishment of future research trajectories and pinpoint areas that are currently and relatively underexplored in Korea's angel investment research stream. This study revealed that current research on domestic angel investment is concentrated on several areas: 1) the traits of angel investors, 2) the motivations behind angel investing, 3) startup ventures, 4) relevant institutions and policies, and 5) the various forms of angel investments. It was determined that there is a need to broaden the scope of research to aid in enhancing and stimulating the scale of domestic angel investing. This includes research into performance analysis of angel investments and detailed case studies in the field. Furthermore, the study emphasizes the importance of diversifying research efforts. Instead of solely focusing on specific factors like investment types, startups, accelerators, venture capital, and regulatory frameworks, there is a call for research that explores a variety of associated variables. These include aspects related to crowdfunding and return on investment in the context of angel investing, ensuring a more holistic approach to research in this domain. Specifically, there's a clear need for more detailed studies focusing on the relationships with variables that serve as dependent variables influencing the outcomes of angel investments. Moreover, it's essential to invigorate both qualitative and quantitative research that delves into the theoretical framework from multiple perspectives. This involves analyzing the structure of variables that have an impact on angel investments and the decisions surrounding these investments, thereby enriching the theoretical foundation of this field. Finally, we presented the direction of development for future research by confirming that the effect on the completeness of the business plan is high or low depending on the satisfaction of the entrepreneurs in addition to the components.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.1
• /
• pp.29-73
• /
• 2012

Aviation safety is the State and industry's top priority and more scientific approaches for fatigue management should be needed. There are lately various studies and regulation changes for crew fatigue management with ICAO, FAA and EASA. ICAO issued the provisions of fatigue management for flight crew since 1st edition, 1969, of Annex 6 operation of aircraft as a Standards and Recommended practice(SARPs). Unfortunately, there have been few changes and improvement to fatigue management provisions since the time they were first introduced. However the SARPs have been big changed lately. ICAO published guidance materials for development of prescriptive fatigue regulations through amendment 33A of Annex 6 Part 1 as applicable November 19th 2009. And then ICAO introduced additional amendment for using Fatigue Risk Management System (FRMS) with $35^{th}$ amendment in 2011. According to the Annex 6, the State of the operator shall establish a) regulations for flight time, flight duty period, duty period and rest period limitations and b) FRMS regulations. The Operator shall implement one of following 3 provisions a) flight time, flight duty period, duty period and rest period limitations within the prescriptive fatigue management regulations established by the State of the Operator; or b) a FRMS; or c) a combination of a) and b). U.S. FAA recently published several kinds of Advisory Circular about flightcrew fatigue. U.S. passed "Airline Safety and FAA Extension Act of 2010" into law on August 1st, 2010. This mandates all commercial air carriers to develop a FAA-acceptable Fatigue Risk Management Plan(FRMP) by October 31st, 2010. Also, on May 16, 2012, the FAA published a final rule(correction) entitled 'Flightcrew Member Duty and Rest Requirements; correction to amend its existing prescriptive regulations. The new requirements are required to implement same regulations for domestic, flag and supplemental operations from January 4, 2014. EASA introduced a Notice of Proposed Amendment (NPA) 2010-14 entitled "Draft opinion of the European Aviation Safety Agency for a Commission Regulation establishing the implementing rules on Flight and Duty Time Limitations and Rest Requirements for Commercial Air Transport with aeroplanes" on December 10, 2010. The purpose of this NPA is to develop and implement fatigue management for commercial air transport operations. Comparing with Korean and foreign regulations regarding fatigue management, the provisions of ICAO, FAA, EASA are more considering various fatigue factors and conditions. Korea regulations should be needed for some development of insufficiency points. In this thesis, I present the results of the comparative study between domestic and foreign regulations in respect of fatigue management crew member. Also, I suggest legal proposals for amendment of Korea Aviation act and Enforcement Regulations concerning fatigue management for crew members. I hope that this paper is helpful to change korea fatigue regulations, to enhance aviation safety, and to reduce the number of accidents relating to fatigue. Fatigue should be managed at all level such as regulators, experts, operators and pilots. Authority should change surveillance mind-set from regulatory auditor to expert adviser. Operators should identify various fatigue factors and consider to crew scheduling them. Crews should strongly manage both individual and duty-oriented fatigue issues.