• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.75-111
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• 2020

The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.30 no.1
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• pp.20-27
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• 2022

It is anticipated that there will be radical disputes over land ownership in the event of the advent of the era of UAM. As such, policy alternative is presented by analyzing and researching relevant laws at home and abroad on the means of legislating 'Regulations on compensation for use of air space above land' in preparation of such occurrence. As the results of the study, it is deemed to limit the range of the land ownership in accordance with UAM operation as follows. First, it is proposed to newly enact regulation to limit the ownership of air space of land owner to the public space above the elevation of 200m as stipulated under the Article 78 of the Aviation Safety Act. Second, as the result of analysis made for the option of making compensation from the perspective of the property right of land ownership and option of not making compensation from the perspectives of public interest and concerns in the event of operation of UAM within the air space below the elevation of 200m, it is deemed that legislative decision is necessary through more extensive studies in the future.

• Proceedings of the Korea Water Resources Association Conference
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• 2012.05a
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• pp.266-266
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• 2012

오늘날 도시는 인간 중심적으로 환경을 고려하지 않은 채 개발위주의 발전이 계속되고 있으며 도시화가 진행됨에 따라 도심지에 콘크리트와 아스팔트의 비율이 증가하고 농경지와 녹지가 감소하는 등 도시주변의 피복 변화가 빠르게 일어나고 있다. 이와 같이 열 환경을 고려하지 않은 도시의 급성장은 각종 인공 열과 대기오염 물질의 증가와 함께 도시상공의 기온을 상승시켜 도시의 기온이 주변 지역보다 높아지는 열섬현상의 원인이 되고 있다. 이에 따라 최근 미국, 유럽 등의 선진국을 비롯하여 아시아지역에서도 도시열섬현상 대책수립이 활발히 진행되어오고 있으며 국내에서도 열섬완화 대책 수립의 중요성이 인식되고 있다. 그러나 자연토지피복은 농경지, 나지, 수면과 같은 다양한 종류의 피복으로 구성되며 각 피복특성에 따라 도시내부에 영향을 미치는 정도가 다르게 나타나므로 도시계획에 반영될 수 있는 자연피복의 종류와 피복비율의 적정조합을 도출할 필요가 있다. 따라서 본 연구에서는 청주시를 대상으로 농경지를 포함하는 녹지의 감소, 공업단지의 증가에 따른 열 환경 영향을 분석하기 위하여 청주시의 연도별 토지피복 분포 현황과 과거 기상자료를 통해 토지피복 분포변화에 따른 온도 변화를 조사하였다. 토지피복은 농경지, 녹지, 주거지, 공업 단지 및 수역으로 분류하였으며, 대상지역의 기후 특성 파악을 위하여 청주시 총 면적에 대한 면적비율의 증감추이와 그에 따른 온도 변화를 정량적으로 파악하였다. 그 결과, 청주시는 녹지의 경우 정체 또는 감소추세를 나타낸 반면 공업단지는 지속적인 증가추세를 나타내었다.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• Water for future
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• v.24 no.3
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• pp.36-41
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• 1991

1960년대 초부터 미 국립항공우주국(NASA)에서 기상위성을 지구궤도에 올리면서 시작되고 우주개발 선도국들에 의해 수 없이 발사되어 지구상공을 선회하고 있는 각종 실험위성, 자원탐사위성들로부터 이전까지만해도 지엽적이고 단편적인으로 알려지던 지구환경현황들이 이제는 지구전체에 대한 시시각각의 정보로 확대되고 있다. 기상위성들에 장착된 Sensor들로는 구름과 기상현상의 분포는 물론이고 각 대양의 해수면 온도 분포들이 파악되고 있으며 식물지수에 의한 지상의 식물분포의 계절적 변화양상에서 열대림의 사막화 추세들까지도 분석된다. 특히 위성탐사에 의한 남극 오존홀 (Ozone Hole)의 확인은 최근악화 되고 있느 swlrnchs 환경문제에 대한 커다란 주의를 환기시켜 주었다. 대양의 Phytoplankton 분포가 계절에 따라 위성자료에 의해 분석되므로서 해양의 생산능력(Productivity)의 변화도 알게되고 있다. 해양수면의 높이를 측정했던 초단파(microwave)영역의 SAR 자료는 구름을 투과하여 지구표면을 전천후 Monitoring할 수 있는 다음 세대의 Sensor로 각광을 받고 있으며 앞으로 유럽과 일본, 카나다, 소련 등에서 이들 새로운 Sensor들이 탑재 될 자원탐사 위성(ERS)과 RADASAT 등의 위성이 계속해서 개발되고 있어 이들에 의한 지구환경상태 진단은 크게 각광받게 될 것이다. 그외에도 해면풍 운량, 총강우량 분포, 대기 투명도, 대기의 열수지등의 계절적 변화에 대한 인공위성자료 해석을 통하여 지구의 온난화nas제가 본격적으로 ud가되고 있다. 또한 자원탐사위성인 Landsat 과 SPOT 등의 위성에 의해서는 각대륙의 토지 이용도 변화, 토사의 이도, 지질도 작성, 입체도 제착등과 농산물수확량의 예측있어서 괄목할 만한 발전이 계속되고 있다. 더욱이 NASA와 일본, 유럽등에서 지구관측을 위해서 준비하고 있는 각종 지구관측위성(EOS)들이 실용화 될 2000년 대에는 일반 지구환경감시는 물론 수계환경 감시 체계구축에 획기적인 진전이 있을 것으로 기대된다.

• Journal of the Korean Association of Geographic Information Studies
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• v.1 no.1
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• pp.52-69
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• 1998

Using GIS, this study constructs and evaluates a bank marketing system. The study collects a marketing GIS database case from the Daegu Bank, which is one of the leading local banks in Korea. The database includes spatial data such as digital road map, internal and external attribute data which are combined for the construction of bank marketing database. Based on these data, the study developed an interface which enables searching and analysing functions of bank GIS marketing system. For the development of the interface, this study examined the basic concepts of area marketing and its development and utilized Map/Info as a basic GIS software package and Delphi as computer language. Finally, the study makes a comprehensive evaluation of various problems of spatial and attribute data which occurred in the process of constructing the bank marketing database.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.11
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• pp.309-316
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• 2020

This study analyzed Japan's three-dimensional road system as part of a study on urban regeneration plans through the three-dimensional use of road space. The three-dimensional road system integrates the Road Act, Urban Planning Act, and the Building Standard Act. The advantage of the three-dimensional road system is that landowners can freely use the space above and below the road so that they can live and operate sustainably, and road managers have the advantage of reducing the land acquisition costs because they only acquire rights to the road. In terms of type, it is applied to a variety of integrated and separated structures in elevated roads, underpasses, free passages, parking lots, and monorails. In addition, in the case of development methods, the degree of freedom of development plans is improved by enabling integrated maintenance of roads and buildings. Management stability is improved by applying management and law-based authority according to the Road Act. In this way, the three-dimensional road system provides support to maximize the use of limited available land through the three-dimensional use of road space, and to develop sustainable and good urban areas in development areas.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.11
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• pp.213-223
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• 2018

This study assessed the maintenance plan of the Shimbashi-Toranomon Development Area in Japan, which has recently been completed using the three-dimensional road system. In the main relevant law system, a three-dimensional road system, which enables the construction of buildings above and below the road, was applied. The specific construction regulations applying the financing power and knowledge of private business operators were applied. In the development district, city maintenance guidelines were established, and housing and shopping malls were regulated. This purpose was to promote change, unity of distance, effective use of land, and continuous urban revitalization with charm and vitality. The main features of the maintenance plan were accessibility and greenery, comfort and a sophisticated design, and a maintenance concept utilizing historical buildings and road space through the participation of local residents and the opinions of related committees. In addition, in the case of the construction of the upper and lower roads, the construction restrictions were relaxed, and the separation of the roads and the undergrounding of electric poles were promoted. The main aim was to improve the convenience of the residents and produce a pleasant road landscape.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.45-79
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• 2018

An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.