• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.19-45
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• 2009

The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

• The Journal of the Korean life insurance medical association
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• v.19
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• pp.109-117
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• 2000

연구배경 : 3대 특정질병 진단보험금지급의 양상과 경향을 평가하고자 하였다. 방법 : 1997년 7월${\sim}$1999년 3월까지 당사의 한 건강보험가입자 중 1998년 1월${\sim}$1999년 9월 기간동안 당사 약관상의 정의에 의한 악성종양, 급성심근경색증, 뇌졸중으로 진단보험금이 지불된 총 411건에 대해 조사하였다. 결과 : 3대 특정질병 진단보험금 지급건 총 411건의 구성을 보면 악성종양이 290건(70.6%), 급성심근경색이 25건(6.1%) 그리고 뇌졸중이 96건(23.3%)이었다. 남녀비율은 남자 280건(68.1%), 여자 131건(31.9%)이었다. 3대 특정질병 진단급여금 지급건의 평균연령은 $3.88{\pm}5.9$이었다. 3대 특정질병 진단보험금 지불건은 $30{\sim}39$세 연령대에서 187건(45.4%)으로 가장 많았고, 그 다음으로 $40{\sim}49$세 연령대 178건(43.2%)의 순이었다. 계약시점에서 3대 특정질병 진단보험금 지급 시까지 평균진단확정 기간은 325.2일${\pm}$184.9일 이었다. 계약 후 12개월 내에 진단지급보험금 발생건은 총 193건(55.3%)이었고, 12개월 이후에 지급된 건은 156건(44.7%)이었다. 계약 후 12개월 내에 진단지금보험금 발생건 193건을 분석하여 보면 3개월 이상${\sim}$4개월 미만이 40건(20.7%)로 가장 많았다. 악성종양의 신체계통별로 보면 소화기관>유방>여자생식기>호흡기계 순이었다. 악성종양을 장기별로 보면 위암>유방암>간암 및 담도계암>결장암과 직장암, 자궁경부암의 순이었다. 남자의 경우 위암>간암 및 담도계암>결장암과 직장암의 순이었고 여자의 경우 유방암>자궁경부암(상피내암 제외)>결장암, 직장암의 순이었다. 뇌졸중의 종류별 빈도를 보면 뇌경색증(47.9%)>뇌내출혈(34.4%)>거미막하출혈(9.4%)의 순이었다. 결론 : 3대 특정질병 중 악성종양이 다수를 차지하고 있었고, 남자가 여자보다 훨씬 많았고 주로 $30{\sim}39$세 연령대, $40{\sim}49$세 연령대였다. 계약 후 12개월 내에 진단지급보험금 발생건을 분석하여 보면 3개월 이상${\sim}$4개월 미만이 40건(20.7%)으로 가장 많았다는 것은 역선택의 가능성 그리고 제척기간 중 발생한 3대 특정질환이 3개월 이후 특히 3개월 이상${\sim}$4개월 미만 사이에 지급청구되었을 가능성을 시사하는 것으로 사료된다.

• Convergence Security Journal
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• v.16 no.1
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• pp.13-21
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• 2016

At the present moment when around 60 years have passed after the introduction of private security, there are security instructor and protection specialist guard as government official recognition qualification. This study discussed problems of secondary performance test system among qualification certification items which have been implement ed as government official recognition qualification since 2013. Current qualification certification for protection specialist guard is composed of primary academic test and secondary performance test. Since it is estimated that it is high time to increase clients' satisfaction and public reliability through strict qualification certification for protection specialist guard. Following improvement plans are intended to suggest. First, it is a plan to divide and diversify difficulties of performance test evaluation events. Second, it is a plan to diversify evaluation criteria of performance test. Third, it is a plan to make criteria for selecting specialized performance test evaluation committee. Fourth, it is a new plan of exclusion system to avoid any relation between performance test evaluation committee and applicants. In this respect, institutional improvement should be followed in order to improve specialty of qualification certification of performance test system for protection specialist guard.

• Spatial Information Research
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• v.21 no.4
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• pp.47-62
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• 2013

Recently there are growing arguments about the needs to improve Cadastral Resurvey Projects more efficiently and rationally since the projects have realistically started. This study aims to analysis some problems of the projects and finds out the solutions. With this purpose, we have surveyed some literatures related to the demonstration projects, and then have examined some similar domestic urban development projects and international Cadastral Resurvey Projects in order to apply their appropriate tools to the present or future projects. Generally the execution process of Cadastral Resurvey Projects has four steps and this study arranges the main problems in each steps. In the result it suggests that some improvements should change as the followings. (1) It is more effective to take planning-based approach than project-based one. (2) The project boundary needs to be decided with the rectangular patterns not the irregular ones for the efficient project. (3) The adjusting the current baseline of agreement should be reconsidered because too high baseline may make the project difficult to progress. (4) Not only systematical public relations to promote the projects but also a variety of incentives to induce the public participations is very important to solve the problems of involvement. (5) Institutional tools for collaborate planning is also desirable to solve the conflicts among stakeholders rationally and effectively.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.55-86
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• 2014

The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.28 no.3
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• pp.14-28
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• 2010

By philological geography method for dismantling and reconstituting Buyeo's Palkyung(扶餘 八景), which best signify the image of ancient city Buyeo's landscape, this research is to demonstrate the fact that the place's inertia of certain historic sites has been passed down as a type of geographic code. Titled poems and retrospective poems about Buyeo's Palkyung and its spectacles and landscapes reveal the fact that the splendid and glorious cultural heritage of Baekje had faded but its traces have remained in the each eight views including Nakhwa-am(落花巖), Goran-sa(皐蘭寺), and Jayong-dae(釣龍臺). In addtion, the spectacles and historic sites of Buyeo's Palkyung appear as the symbol of Baekje's fall and loss in the poems. Thus, it can be said that Buyeo's culture and civilization have never escaped from the cultural and historical scars of Baekhe's fall, being dominated by the place's inertia originated from the identity as "Baekje'slastcapital". It is ironical that Buyeo's future development and prosperity are not free from its cultural and historical spectacles which bear the image of the fall of Baekje. 'Older Buyeos' Palkyung(扶餘舊八景)' and, Prior Buyeo's Palkyung(夫餘前八景), originate from nine views of an unknown builder and after the construction of pavilions and towers, 'Subuk-jeong eight views(水北亭八景)' by Heungguk Kim(金興國) and the eight poems of the, Retrospect of Buyeo(扶餘懷古八景), were created. 'Buyeo's later Palkyung(扶餘後八景), which are especially free from the site's inertia are known to have expanded the scope of Buyeo's landscape by deliberately demonstrating spectacles and sites different from those of existing views. Nakhwa-am, Goran-sa, Joryong-dae, Songwal-dae(送月臺), Youngwal-dae(迎月臺), and Pyungje-tap(平濟塔) are all located within a one kilometer radius of Banwol-sung(半月城), Buyeo's palace and the Baekma river(白馬江), Daewang-po(大旺浦), Busan(浮山) in a two kilometers radius. Jaon-dae(自溫臺), Subuk-jeong(水北亭), and Gyuam-jin(窺岩津) are located within a three kilometers radius. Even Chunjeong-dae(天政臺), which are located within a four kilometers radius of Banwol-sung are located alongside the Baekma river. This indicates the fact that these spectacles had not been established temporarily or impromptu but for a long period time by historic retrospect and the inertia of landscape's geographic cycle. In conclusion, the geographic phenomenon of historical and cultural inertia appeared because Buyeo had the geographic message of "fallen, ancient city". Therefore, Buyeo's Palkyung which have constant retrospective inertia is clearly an geographic code effective and helpful to understand not only the characteristics of historic sites and spectacles of Buyeo in the Sabi period but also the quality of the site itself.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.9-53
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• 2004

This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).