• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2022.11a
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• pp.248-249
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• 2022

국제해사기구(IMO)에서는 현재 자율운항선박의 자율 수준을 4단계로 잠정 구분하고 있으며, 자율수준 2 이상의 선박은 원격제어가 가능함을 가정하고 있다. 본 연구에서는 자율운항선박을 운용하게 될 육상원격제어사의 등급을 책임육상원격제어사(Senior SRCO), 육상원격제어사(SRCO)로 구분하고 각 등급별 역할과 자격 요구사항 및 그에 따른 교육 필요 항목을 도출하였다. 아울러 육상원격제어센터의 조직 운영 방안을 검토하고 그에 따른 업무수행 절차와 제어 범위를 도출하였다.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.125-147
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• 2009

The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.

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

• Journal of Science and Technology Studies
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• v.15 no.2
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• pp.99-133
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• 2015

Responsible Research and Innovation (RRI) is a concept emerging rapidly as a theoretical and methodological framework to shape science for better society, instead of merely for economic growth. While the responsibility of science usually means ethics of researchers in the process of research, RRI extends the concept of the responsibility by claiming that researchers should be responsible for the purpose and outcome of research as well. In addition, RRI proposes four interconnected concepts of anticipation, reflectivity, deliberativeness/inclusiveness, and responsibility as a methodological framework to achieve these tasks. However, RRI is not merely a theoretical concept but has been already practiced at many levels in real world. We discuss how RRI has been practiced and played important roles in reflecting on research and innovation policies in the past and guiding new policies by examining two research projects, STIR and SPICE, and three national R&D programs, EPSRC's embracement of RRI in the Britain, MVI in the Netherlands, and R&D for social problem-solving in Korea.

• Journal of the Korean Society for Marine Environment & Energy
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• v.12 no.2
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• pp.104-110
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• 2009

This study tries to give improvement directions of the law of oil spill focusing on the view that satisfying remuneration for victims should be considered. And it looks through the existing remuneration system provided by P&I Club and IOPC Fund. It also covers with issues related to remuneration in order to find the best for victims. The major contents of this study are as follows. First, the present law of compensation security to Marine oil pollution accident should be revised. Maximum value of remuneration needs to be raised and subjects liable to pay reparation need to be expanded. Second, in case the damage is widely different comparing to similar cases in foreign countries, it's hard to get complete remuneration from international corporations responsible for reparation. That's the reason the national emergency system for oil pollution must be established. Third, this study says the law that certainly defines a liability subject and that the liability is not necessarily caused by fault should be enacted. Last, it suggest that victims should have their object income data to facilitate establishment of the law of compensation for damages from marine oil pollution. To calculate proper remuneration, government should consider to choose one of public organizations as an investigator to damages and should collect accurate statistics relating to fishery. Furthermore, compensation system which can provide rapid reparation to victims needs to established by founding professional maritime organization of arbitration.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.155-181
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• 2001

International Trade has led to the increase of the demand of international transport, and also the development of international transport not only incurs claims concerning transportation but also establishes various international rules to settle the claims between the shippers and carriers incurred in the course of transport. With a view to settling the claims successfully, the men who are concerned in the transport have to know the principle and scopes of carrier's liability. In this paper, I would like to find out the scopes of liability of multimodal carriers based on the principles of liability. In order to perform the purpose of this study, I classify the liability principle of the international carrier under the UNs Convention on International Multimodal Transport of Good(1980) and UNCTDAD/ICC Rules(1991) in three system-Network Liability System, Uniform Liability System and Modified Liability System. And that I show the results-the scopes of multimodal carriers' liability based on the UN's Multimodal Convention(1980) and the ICC/UNCTAD Rules(1991), and transport vehicles.

• 정보보호뉴스
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• s.136
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• pp.30-33
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• 2009

본 기고는 기업에서 지난 6년 동안 정보보호 관련업무 실무책임자로서의 경험을 토대로 어떻게 하면 보다 더 효율적이고 안정적인 정보보호활동을 수행할 수 있을까 하는 관점에서 바람직한 CSO의 역할 모델을 정리해 본 글이다. 전혀 보안에 신경을 쓰지 않아도 보안사고가 발생하지 않으면 100점짜리 보안수준이 되는 것이고, 제아무리 보안교육과 점검을 실시하고 취약점을 개선하기 위한 다양한 보안투자를 시행하더라도 보안사고가 터지는 순간, 보안수준은 순식간에 빵점짜리로 전락한다. 때문에 필자는 종종 정보보호 책임자는 안전고리를 벗겨낸 폭탄을 가슴에 품고 언제 터질지 모르는 지뢰밭에 서있는 사람이라고 역설한 바 있다. 최근 급속한 IT기술의 발전과 극심한 개인주의 성향 등으로 그 어느 때보다 보안사고의 위험성과 피해규모가 크게 증대되고 있으며, 이에 따라 기업에서 정보보호 업무 수행부서의 역할과 책임범위 역시 과거와 달리 매우 광범위하게 확장되고 있는 실정이다. 특히 우리나라는 90년대 말 IMF 당시 구조조정의 여파로 중국을 비롯한 해외 경쟁회사로 국내 기술자들이 이직함으로써 핵심 산업기술의 유출이라는 피해를 경험한 바 있다. 그런데 최근 미국에서 시작된 세계경기의 위축으로 또 한 차례의 보안사고 위험성에 크게 노출되어 있는 상황이다. 각 국의 문화 및 산업의 다양성만큼이나 수많은 위험성이 산재하고 있는 현대 사회에서 바람직한 CSO가 되기 위한 몇 가지 착안사항들에 대하여 논해 보고자 한다.

• 월간 기계설비
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• s.266
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• pp.32-36
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• 2012

대한설비건설협회는 그동안 설비건설업계가 공사대금을 제대로 받을 수 있도록 하도급대금지급보증제도 개선에 많은 노력을 기울여 왔다. 특히 국토해양부 장관과의 간담회를 비롯하여 건설산업 공생발전위원회를 통해 제도개선을 건의한 결과 하도급대금 지급보증 책임범위 확대 및 보증금 청구 시 청구일로부터 15일 이내에 지급토록 하는 등 건설공제조합의 약관을 개정하는 성과를 거두었다. 이로써 설비건설업계는 하도급대금 보증금을 원활히 받을 수 있게 됐다. 그러나 대한설비건설협회의 이러한 노력에도 불구하고 글로벌 금융위기 이후 100대 종합건설사 중에서 30여개 사가 부도 및 워크아웃, 법정관리 등으로 건설환경은 더욱 열악해지고 있다. 이에 따라 원도급업체가 부도날 경우 공사대금을 받을 수 있는 방법인 유치권과 하도급대금지급보증에 대해 설비건설업계의 관심이 커지고 있다. 본지는 유치권과 하도급대금지급보증에 대해 살펴본다.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.173-205
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• 2008

Space debris have frequently caused damage to space objects like satellites in orbits and sometimes have fallen on the earth. Such increase in space debris will lead to the high possibility of threatening space activities of mankind. However, it is not so easy for the damage caused both by identified and by unidentified space debris to be recovered since in the regime of the current international law, there is no legislation of prescribing the damage done by space debris. For overcoming the limitation it seems desirable that either the Liability Convention should partly be amended or new international law regime should be established. For instance, 'space debris' should be included in the new definition of 'space object' and the range of launching should also be defined clearly by making the concept of 'launching' somewhat more specified. Moreover, the subject of international liability for damage caused by space debris should be divided into two classes: the subject before and after registration. While in case of before-registration launch states should be held liable for any damage jointly or individually, in case of after-registration 'the state of registry' or 'owner' of the space debris should be. In the event of damage being caused elsewhere than on the surface of the earth to a space object of other State, 'fault-based liability' is currently applied. But it needs to be changed into 'absolutely liability'. In this paper, 'Liability Pool', 'Insurance', 'Market-Share Liability' are presented as aid devices of the damages resulting from unidentified space debris. They should be defined through the amendment of the Liability Convention or another international treaty. Some day there comes a time when our country shall possess many of the astronomical price of satellites. It means that we can't be free from the damage by the increasing number of space debris. Provided that our satellites are damaged by such space debris, it will do the satellites damage and cause impaired functioning or troubles in operation. As a result, if we are not paid for the damage by space debris, we will be confronted with tremendous economic loss because it is necessarily connected with the excess burden of taxation. Thus, an international agreement regarding the measures of the compensation for space debris damage must be made very soon.

• 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).