• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.59-89
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• 2009

The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

• International Commerce and Information Review
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• v.15 no.3
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• pp.199-224
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• 2013

Section I of Chapter III ('Obligations of the Buyer') in Part III ('Sale of Goods') of the CISG consists of six articles addressing one of the fundamental buyer obligations described in article 53 of the CISG: the obligation to pay the price. Although the amount of the price that the buyer must pay is usually specified in the contract, two articles in Section I contain rules governing the amount of the price in particular special circumstances: article 55 specifies a price when one is not fixed or provided for in the contract, and article 56 specifies the way to determine the price when it is 'fixed according to the weight of the goods'. The remaining four provisions in Section I relate to the manner of paying the price: they include rules on the buyer's obligation to take steps preparatory to and to comply with formalities required for paying the price (article 54); provisions on the place of payment (article 57) and the time for payment (article 58); and an article dispensing with the need for a formal demand for payment by the seller (article 59). Especially article 53 states the principal obligations of the buyer, and serves as an introduction to the provisions of Chapter III. As the CISG does not define what constitutes a 'sale of goods', article 53, in combination with article 30, also sheds light on this matter. The principal obligations of the buyer are to pay the price for and take delivery of the goods 'as required by the contract and this CISG'. From this phrase, as well as from article six of the CISG, it follows that, where the contract provides for the performance to take place in a manner that differs from that set forth in the CISG, the parties' agreement prevails.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.207-244
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• 2015

Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

• Korean Security Journal
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• no.48
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• pp.259-285
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• 2016

As the need for anti-terrorism legislation has been continuously argued, Anti-terrorism act has been enacted and enforced. On the other hand, there still remain a lot of points to be discussed regarding the definition of the concept of terrorism, matters of human rights violations, strengthening authority of the investigation and intelligence agencies, and mobilization military forces for the suppression of terrorism. Also, reviewing Anti-terrorism act and its enforcement ordinance draft, this legislation seems to regulate terrorist groups like IS. If so, in the case of terrorism of North Korea or domestic anti-government organizations, whether this law would be applied could become an issue. In the case of terrorism of North Korea, Ministry of National Defense has a right of commandership in the military operations, however, it is also possible to apply the article 4 of Natural Security Act a crime of performing objective-or a crime of foreign exchange on Criminal law as legal grounds for not military terrorisms but general investigations. Therefore, it is necessary to involve consideration about this matter. Furthermore, in the view of investigation, Anti-terrorism act and its enforcement ordinance draft do not mention Supreme Prosecutors Office and Ministry of Justice that conduct investigations. In the case of terrorism, the police and prosecution should conduct to arrest criminals and determine crimes at the investigation stage, however, any explicit article related to this content in Anti-terrorism act and its enforcement ordinance draft was unable to be found. Although Anti-terrorism act is certainly toward preventive aspects, considering some matters such as prevention, actions on the scene, maneuver after terrorism, arresting terrorists, investigation direction, cooperation, and mutual assistance, it is necessary to reflect these contents in Anti-terrorism act. In other words, immediately after terrorists attacks, it is possible to mobilize the military operations by Integrated Defense act in order to arrest them in the case of military terrorism. Nevertheless, because both military terrorism and general one are included in the investigation stage, it needs to begin an investigation under the direction of the prosecution. Therefore, above all, a device for finding out the truth behind the case at the investigation stage is not reflected in the current Anti-terrorism act and its enforcement ordinance draft. Accordingly, if National Intelligence Service approaches information at the prevention level in this situation, it may be necessary to come up with follow-up measures of the police, the prosecution, and military units.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.32 no.6D
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• pp.679-686
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• 2012

KTX step 1 April 2004, after the opening, the second phase of the project was opened in November 2010. High-speed rail after the opening and continue to increase the demand of high-speed rail, Have the speed of competitive advantage compared too the means of transportation. The opening of these high-speed rail has led to changes of the move, the company's position, and the spatial structure of the population of reorganization, such as the social, economic, transportation. In this study, survey data using the High Speed Rail Station EMME/2 of the program to take advantage of the 2-Dimentional Blancing trip distribution to investigate the passage through the trip distribution by the estimation of the parameters of the model to estimate the distribution of the means of access and high-speed rail station to reproduce and Analysis of the results by means of access parameters (${\theta}$) autos 0.0395, buses 0.0390, subway 0.0650, taxi 0.0415, the frequency distribution (Trip Length Frequency Distribution: TLFD) were analyzed survey data value model with the results of comparing $R^2$ cars analysis and model values similar survey data 0.909 bus 0.923, subway 0.745 to 0.922, taxi, F test P value analysis is smaller than 0.05 at the 95% confidence level as a note that was judged to have been. Trip frequency distribution analysis, but in the future, set the unit to 5km-trip frequency distribution middle zone Units from small zone units (administrative district) segmentation research is needed, and can reflect the trip distance 0~5 km interval combined function to take advantage of the gravity model and the 3-Dimentional Blancing applied research is needed to be considered.

• Korean journal of food and cookery science
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• v.26 no.5
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• pp.603-616
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• 2010

Based on recent dramatic increases in foodborne outbreaks in restaurants, self-managed sanitation systems are now recommended to control contributing risk factors. This study aimed to improve sanitation management practices in restaurants and had two objectives. First, we tried to develop a self-managed sanitation check-list, including risk factors contributing to foodborne illness and Korean food hygiene regulation articles. We also tried to evaluate current sanitation management practices in restaurants according to operation and restaurant type. Thirty restaurants were evaluated by on-the-spot inspectors using an auditing tool consisting of four dimensions, seventeen categories, and forty-one items. Total compliance rate categorized by operation type significantly differed between chain restaurants and self-managed restaurants, with values of 85.5% and 51.6%, respectively. Therefore, self-managed restaurants, which showed the lowest compliance rate of below 30.0%, need more strict control to improve current unsanitary management practices, specifically relating to 'sterilization of knives, chopping boards, and wiping cloths', 'sanitation training', 'not allowing access into the kitchen to outsiders', 'handling of food or utensils on shelves at a 15 cm distance away from floor', 'prevention of cross-contamination of cooked foods or vegetables', and 'records of kitchen access or inspection'. Thus, an effective food sanitation system is essential and should be implemented to improve the existing sanitary conditions in restaurants. However, the most important factor to achieving food sanitation management objectives is food handlers' self-motivation.

• International Commerce and Information Review
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• v.13 no.3
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• pp.3-29
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• 2011

The Internet has become a medium through which people engage in increasingly sophisticated transactions. Businesses and consumers now use the Internet to communicate and engage in commercial transactions creating a virtual worldwide marketplace. They fear that the determination of Internet jurisdiction could be uncertain because electronic commerce is not executed in one particular place. Until now, there are no specific rules in the model laws and conventions dealing with international jurisdiction in electronic commerce. Due to the fact that U.S. companies are at the forefront of Internet technology, litigation regarding electronic commerce in the U.S. is more advanced than anywhere else in the world This paper analysis the basic framework for personal jurisdiction and approach for determining international jurisdiction in electronic commerce cases and explain the differences of several approaches involving interactions over the Internet. According to jurisdiction approach test, the U.S. employs sliding scale, effects and targeting test in electronic commerce. In recent many research views the targeting test as a global standard for determining international electronic commerce jurisdiction. However, there is still no clear indication of conclusive test of jurisdiction determination for electronic commerce. Therefore, it is a changing and process of jurisdiction test in the U.S. cases. In Korea, there is jurisdiction related clause in Private International Law, but it may be asked whether applicable in electronic commerce. Accordingly, analysis of the precedents changing related to electronic commerce jurisdiction of U.s. is full of suggestions in Korean companies, consumers and helps an enactment of code of civil procedure that containing many group's demands.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.5
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• pp.33-47
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• 2011

One of the most fundamental jobs of contemporary government is to look into various ways of providing its citizens with the best service work. This study aims to establish a procedure through which to consign the management of city parks to private companies, thus inviting participation and satisfaction on the part of citizens. In particular, this procedure includes creating a system of selecting private managing companies, for instance, specifying standards of selection and assembling selection committees. The results of this study can be summarized as follows. First, city parks can be managed better by private companies than by local governments in terms of cost cuts, personnel training, business efficiency, and know-how accumulation. The legal background for this is found in central and local legal articles. Second, it is recommended that the selection committee be composed of 6 to 9 members, both insiders and outsiders. In addition to selecting private managing companies for contracting-out, the committee should under take the role of consulting on how to perform and revise selecting standards, so that they can continue to improve these procedures. Third, the decision on private management should be noticed in advance and be made based on standards considering each local government's condition. These standards should consider the aspects of the public good, cost saving, quality of service, managing supervision, and citizen participation. The committee's assessment takes into account both the quality and the quantity of the standards. Fourth, the contracting-out for city park management should follow the order of: announcing consignment and receiving applicants, organizing selection committees and assessing applications, selecting and contracting, midterm evaluation, and re-announcement and re-consignment. To run city parks through the contracting-out is expected to increase the number of park visitors. Additionally, private consignment will involve a participation of diverse citizenship, thus playing an important role in city parks' building of a green-culture community.

• Journal of the Korean Institute of Landscape Architecture
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• v.37 no.2
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• pp.47-61
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• 2009

The purpose of this study was to understand the laws related to the safety management of children's play facilities(LRSMCPF) including the "Safety Supervision Law of Children's Play Facilities(SSLCPF)" and the "Quality Management and Industrial Products Safety Management Law(QMIPSAL)", in order to analyze the problems by 4 phases-development of products, landscape design, landscape construction and maintenance considering landscape project procedure-and to propose a revision of the laws. The results are as follows: 1. The various LRSMCPF, SSLCPF and QMIPSAL, as basic laws for the safety management of children's play facilities, were insufficient regarding the features of children's play facilities and play spaces, which are both comparatively varied and complex. 2. In development of products, the one-year duration of safety certification based on QMIPSAL was too short and the procedure for safety certification were redundant in both products and plants inspection, and export and import product inspection. 3. The field inspection of construction sites based on SSLCPF was repeated with quality control and a consultation of rules based on "Construction Technology Management Law". 4. There are not enough safety inspection organizations regarding children's play facilities to meet the demand of safety certification, safety inspection, and safety education in the near future. 5. For children's play safety, the establishment of a general safety management system for children's play connected with the phases is needed to ensure safe play equipment, to construct safe playgrounds, and to manage play facilities. The criteria, regulations, and procedure regarding safety certification and safety inspection of play facilities must be revised efficiently and standardized to a global level as well. To improve the system and contents of safety certification and inspection, authorization of safety inspection organizations based on landscape architecture is needed. Further study will be required to concretely analyze in detail the laws, enforcement decrees and rules, and ordinances that consider the practical experience of professional landscape architects, inspectors, and lawyers.

• Parasites, Hosts and Diseases
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• v.34 no.4
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• pp.247-254
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• 1996

Differentiation of invasive strains of Entamoebn histolytica according to their pathogenicity has been a topic of long debate, but now the pathogenic species only is regarded as E. histolytica while the non-pathogenic species is E. dispar. The present study applied immunoblot to differentiale infections of the two species among microscopically- detected cyst-passers in Korea. The crude extract of 5. histolyticn separated in 5-20% gradient gels, revealed many fractions of 94. 81. 71, 50. 44, 38.5. 37.5, 29, 19. and 18 kDa when the cysteine proteinase inhibitor. E64, was supplemented. The serum IgG antibody of 3 proven E. histolytirc cases reacted loth the antigenic fractions of 117. 110. 99.68,66,60.54.52, 46. and 45 kDa. Sera of PCR confirmed 3 cases of E. disper reacted only to the 117 kDa fraction or the E. histolytica crude extract which was regarded as non specific. To the antitigen of monoxenic E. dispar. sera or E. dispar and E. histolytica cases showed the same immunoblot reactions. The serum IgG antibody reacted with several antigenic fractions of both E. histolytica and E. dispar. but IgM and IgE antibodies showed no reaction to either antigen. Sera of 24 symptomless amebic cyst-passers were screened with the E. histolytica alltigen; two were found to be infected by E. histolytica and 22 were by E. dispar. The present findings suggest that in Korea most of asymptomatic cyst passers of E. histolytica are carriers of E. dispar. Immunoblot using E. histolytica antigen is a good technique for the differentiation of E. histolytica and E. dispar infections.