• Title/Summary/Keyword: 조약

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A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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Dynamical Nuclear Waste Assessment Using the Information Feedback Oriented Algorithm Applicable to the Internet of Things(IoT) (사물 인터넷 (IoT)에 적용할 수 있는 정보 피드백 지향 알고리즘을 사용한 동적 핵폐기물 평가)

  • Woo, Tae-Ho;Jang, Kyung-Bae
    • Journal of Internet of Things and Convergence
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    • v.6 no.1
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    • pp.1-8
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    • 2020
  • Following the advanced fuel cycle initiative (AFCI) promotions in the United States, the analytic proposition for global fuel cycle initiative (GFCI) has been investigated using dynamical simulations. The political and economic aspects are considered simultaneously due to the particular characteristics of the nuclear materials. The spent nuclear fuels (SNFs) are treated as the reprocessing by the nuclear non-proliferation treaty (NPT) exemption nations and the NPT excluded nations. Otherwise, the pyroprocessing and repository can be done without NPT restriction. In addition, the international trade is considered as the economic aspect where the energy production is a key issue of the GFCI. The dynamical simulations have been done until 2050. The result of the International Trade shows the gradually increasing shape. Additionally, the Nuclear Power Plant Operation shows the increasing by stepwise shape.

Study on the Trend for Changing Civil Aviation Law in Korea (국내 항공법 체계 개정 방안 - 외국의 항공법 체계와의 비교를 중심으로 -)

  • Lee, Kang-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.55-96
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    • 2004
  • The Reform Aviation Act of 2004 that which devided the basic aviation act and the act related aviation accident investigation announced in July 2004. The purpose of this study is to review standards and recommendations of Annexes for International Civil Aviation Convention and CFR of FAA in USA, Aviation Act of Japan, Civil Aviation Act of Australia, Aeronautics Act of Canada, Air Navigation Act of Singapore. and then after these review, we tried to compare them with Korean Aviation Law, Enforcement Decree, Regulations related their system. At the result of this study, we find out many advanced countries divided into basic Aviation act and accident investigation act. finally we have suggested mid and longtern plan and implementation which applicable to set up domestic aviation law system.

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A Study on the Changes of US Policy in International Defense Industry Cooperation and the Fure Korea-US Defense Industry Cooperation (미국의 국제 방산협력 정책 변화와 한미 방산협력 방안 연구)

  • Kim, Jong Ryul
    • Convergence Security Journal
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    • v.14 no.3_1
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    • pp.35-44
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    • 2014
  • It has been shown that the lack of sufficient defense industry cooperation between Korea and the US. The severe imbalance in defense trade between tow countries and Korea's weak defense industrial base has been a problem. This paper suggests the enhancement of defense industry cooperation with the US as a defense policy. The US policy has been changed to utilize the globalization of defense industries. The following cases were analyzed to show the policy change; The security of supply arrangement with 6 countries, the defense cooperation treaty with the United Kingdom and Australia. the defense Memorandum of Understanding with 23 countries, and the international cooperation with 8 countries for F-35 JSF program. Korea government needs to sign a defense MOU with U.S. and the defense industries are recommended to increase the opportunities of weapon system co-development and co-production. So that the Korea defense industry may improve competitiveness and to overcome the current weaknesses.

The Relationship between Sovereignty and Commander-in-Chief of the Armed Forces, Military administration & command (주권과 국군통수권의 관계 및 병정관계에 관한 연구)

  • Kim, Sung Woo
    • Convergence Security Journal
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    • v.13 no.5
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    • pp.67-75
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    • 2013
  • South Korea suggest that the United States government should delay the date to hand over wartime operational control (OPCON). It is fixed on December 1, 2015. Typically the president's position as head of the executive authority is coming from the Commander-in-Chief of the Armed Forces. Now we should know the commander-in-chief of the nation's forces and the meaning of OPCON. The relationship between sovereignty and the commander-in-chief of the nation's forces is a little different. This is one of the efforts to enlarge the efficiency of Armed Forces. Of course, operational control is little control of the sovereign personnel, logistics, administration, discipline, organizing, training, etc. It does not control all matters. The current ROK Combined Forces Command itself is made with reference to the North Atlantic Treaty Organization(NATO). If we insist our own sovereignty is infringed because of OPCON, that claim is coated in irreparable damage to the national interest.

A Study on International Environmental Regime -The Case of the Antarctic Treaty System- (국제 환경레짐(Environmental Regime)에 관한 소고 -남극조약 체제(System)를 중심으로-)

  • Kang, Ryang
    • Ocean and Polar Research
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    • v.28 no.2
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    • pp.163-173
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    • 2006
  • The so called Antarctic Treaty System, started from the Antarctic Treaty in 1959, has gradually been enlarged into the concept of an international environmental regime, which has been included in not a few international institutions, treaties, conventions, and international non-governmental organizations (INGO). This kind of movement, as in the role of an international environmental regime, has recently been highlighted in the Protocol on Environmental Protection to the Antarctic Treaty. This Protocol is taking appropriate measures as an international environmental regime in regulating its member nations by enforcing principles in protecting Antarctic resources and environment, regulating member nations' Antarctic activities, establishing norms in the adoption of international and domestic laws, and devising regulations for deciding administrative actions through the member nations' collective decision-making procedures. h this context, this paper is to test a few questions; firstly, how the Antarctic Treaty System can be related with the role of international environmental regime; secondly, how the theories of international environmental regime, such as the hegemony theory, rational choice theory, and international morality theory, can be tested in the role of Antarctic Treaty System as an international environmental regime. Finally, this paper provides a solution for the future problems of the Antarctic Treaty System as an international environmental regime regarding the regime's principle (conflict between the environmental principle and the right of nation-state), norms and regulations (the conflict between the developed and underdeveloped nations in terms of the concept of 'common but differentiated environmental responsibility'), cooperation directions (the leadership problems between hegemonic nation and multilateral leading groups), and management methods (cooperation and arrangement problems among expert institutions, observer groups, and INGO).

A study on the multilateralism in aircraft and air liners nationality and its implication with respect to the Article 7 of the Chicago Convention (항공기(航空機) 및 항공사(航空社)의 국적(國籍) 다원화(多元化)와 시카고 조약(條約) 제7조의 해석(解釋) 문제(問題))

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.7
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    • pp.151-175
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    • 1995
  • In recent years, questions have arisen under several forms with respect to the need for adapting present legal order established under the Chicago Convention and relevant customary rules into newly developed environment surrounding the international air transport industry. Major feature of such trends included in opinions for modification of the present legal order might be defined as more liberalistic approach to this industry. In this respect, many scholars and lawyers in this field agree with a view that a theoretical tie between an aircraft/air liners and a register - State lies in political and strategical concern of the State so that each aircraft/air liners has been attributed a single nationality. In the context of such concern, each aircraft/air liners has been related with each register-State in the form of "genuine connection". However, present and near future development of air transport industry and its world - wide market requires some modification of such single nationality regime. Taking into account such circumstances, States as creator of present legal order are in the process of establishing new legal order where air liners with multi - nationality are capable of satisfying to such needs. As adopting a series of liberalization package for air transport industry in european continent, European Union adopts a concept of "community air carrier", by which an air space of each member State is open to each other, especially through the grant of cabotage right. A serious concern may arise in such grant because the Article 7 of the Chicago Convention prohibits such grant on an exclusive basis. While many theoretical opinions have been put forward concerning the interpretation of that article, a case of European Union shall be a good test of the range of its application. It is anticipated that future development around this issue shaH furnish us a major feature of the liberalization of international air transportation and an adaptation process of present legal order.

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A review on the Plan for the Further Reinforcement of the NOx Emission Limit for Marine Diesel Engine (선박에서 배출되는 NOx의 배출량 규제에 대한 대응 방안 고찰)

  • Jang M.S.;Kim S. H.;Kang K.S.
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.7 no.4
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    • pp.174-179
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    • 2004
  • Domestic marine diesel engine makers reduce the NOx emission mostly by applying low NOx fuel nozzle and injection timing retard. However, it is necessary to develop high efficient technology (EGR, DWI and SCR, etc.) to reduce NOx emission in order to prepare for the further reinforcement of the NOx emission limit. Also, in the near future, IMO will restrict additively THC, PM and CO with NOx. Therefore, domestic engine makers have to prepare for it and the relevant government ministries should give a sufficient support to these technology research and establish or amend the relevant law, which should include the excursion riverboat.

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Introductive Study to the Antarctic Environmental Impact Assessment in Korea (우리나라의 남극 환경영향평가제도 정착을 위한 연구)

  • Choi, Jae-Yong;Choi, Jun-Gyu;Choi, Jun-Young
    • Ocean and Polar Research
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    • v.26 no.2
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    • pp.155-163
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    • 2004
  • The Protocol on Environmental Protection to the Antarctic Treaty was ratified in 1991. With the aim to ensure comprehensive protection of the Antarctic environment, it contains provisions on environmental protection and conservation of the Antarctic area, including provisions for Environmental Impact Assessment. Environmental Impact Assessment is a method used to predict environmental impacts at an early stage in project planning and design, and find ways to mitigate or prevent adverse impacts in order to maintain balance between development activities and environmental conservation. Internationally, the Environmental Impact Assessment (EIA) in the Antarctic is classified into three types - preliminary, Initial, and Comprehensive - based on the environmental impacts of the proposed activities. In case of the Preliminary Environmental Review (PER), proposed activity may proceed in accordance to the national procedures and drafting of an outline. However, Initial (IEE) and Comprehensive Environmental Evaluation (CEE) assess and verify the impacts of the proposed activity, and require methods or alternatives for mitigating or eliminating negative impacts on the environment. Although Korea's Act of 'Activities and Environmental Protection in Antarctica' also includes provisions on EIA for activities in Antarctica, there are obvious contrasts with the EIAs currently being conducted in Korea, in regards to deciding the level of EIA through screening and identifying key issues for assessment through scoping. In order to implement the proper EIA, more improved methods for drafting and reviewing the EIA to Antarctica in Korea are necessary.

A Clinical Study of Shi Ho Cheong Gan-San on Blood Heat Pattern Atopic Dermatitis: a randomized, double-blind clinical trial (혈열형 아토피피부염에 대한 시호청간산의 유효성과 안전성 연구)

  • Choi, In-Hwa;Kim, Se-Hyun;Kim, Young-Chul;Yun, Young-Hee
    • The Journal of Korean Medicine Ophthalmology and Otolaryngology and Dermatology
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    • v.24 no.1
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    • pp.96-110
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    • 2011
  • 목적 : 본 임상시험을 통하여 혈열(血熱)형으로 변증된 아토피피부염의 한약 치료 후 임상 효능과 안전성을 관찰함으로써 아토피피부염에 대한 한약치료의 유용성을 평가하고자 한다. 방법 : 본 임상시험은 무작위배정, 이중맹검, 양성대조군, 평행 설계로 진행되었다. 자의에 의해 임상시험 동의서에 서명한 대상자 중 선정기준 및 제외기준에 부합된 36명의 대상자들에게 시험약과 양성대조약 과립제를 1일 3회(5.0g* 3회/ 1일) 4주간 복용하도록 하였다. 36명 중 31명의 환자가 4주간의 치료를 종료하였다(시호청간산 복용군: n = 16, 소풍산 복용군: n =15). 아토피피부염 증상을 평가하기 위해 Scoring atopic dermatitis (SCORAD) index와 Eczemaarea and severity index (EASI) 를 사용하여 시험 시작 전과 4주 후 시험 종료일에 환자들의 피부소견을 평가하였다. 아토피 피부염에 대한 한약치료의 안정성을 평가하기 위하여 치료 전후 혈중 AST, ALT, BUN, creatinine 변화를 검토하여 한약치료의 간/신독성 여부에 대해 조사하였다. 결과 및 결론: 두 군 모두에서 유의하게 SCORAD 점수와 EASI 점수가 감소하였으나 두 군 간의 차이는 유의하지 않았다. 부종/구진, 찰상 항목의 점수에는 두 군 간에 유의한 차이가 관찰되었다. 31명의 환자에게서 한약 치료 후 간장과 신장에 미치는 독성이 발견되지 않았으며 한약투여와 관련된 이상반응은 보고되지 않았다. 위의 결과로부터 시호청간산과 소풍산이 혈열형 아토피피부염에 대한 효과적이고 안전한 치료 방법이 될 수 있을 것으로 생각된다.