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The Study on Aviation Crime in Aviation Safety and Security Act of Korea ("항공안전 및 보안에 관한 법률"에 있어서 항공범죄에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.27-54
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    • 2010
  • Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

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Study on Climate Change Impacts on Hydrological Response using a SWAT model in the Xe Bang Fai River Basin, Lao People's Democratic Republic (기후변화에 따른 라오스인민공화국의 시방파이 유역의 수문현상 예측에 대한 연구: SWAT 모델을 이용하여)

  • Phomsouvanh, Virasith;Phetpaseuth, Vannaphone;Park, Soo Jin
    • Journal of the Korean Geographical Society
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    • v.51 no.6
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    • pp.779-797
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    • 2016
  • A calibrated hydrological model is a useful tool for quantifying the impacts of the climate variations and land use/land cover changes on sediment load, water quality and runoff. In the rainy season each year, the Xe Bang Fai river basin is provisionally flooded because of typhoons, the frequency and intensity of which are sensitive to ongoing climate change. Severe heavy rainfall has continuously occurred in this basin area, often causing severe floods at downstream of the Xe Bang Fai river basin. The main purpose of this study is to investigate the climate change impact on river discharge using a Soil and Water Assessment Tool (SWAT) model based on future climate change scenarios. In this study, the simulation of hydrological river discharge is used by SWAT model, covering a total area of $10,064km^2$ in the central part of country. The hydrological model (baseline) is calibrated and validated for two periods: 2001-2005 and 2006-2010, respectively. The monthly simulation outcomes during the calibration and validation model are good results with $R^2$ > 0.9 and ENS > 0.9. Because of ongoing climate change, three climate models (IPSL CM5A-MR 2030, GISS E2-R-CC 2030 and GFDL CM3 2030) indicate that the rainfall in this area is likely to increase up to 10% during the summer monsoon season in the near future, year 2030. As a result of these precipitation increases, the SWAT model predicts rainy season (Jul-Aug-Sep) river discharge at the Xebangfai@bridge station will be about $800m^3/s$ larger than the present. This calibrated model is expected to contribute for preventing flood disaster risk and sustainable development of Laos

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The Legal Study of Prohibited Items on Aeroplane for the Aircraft Safety and Security (항공안전보장.질서유지를 위한 항공기반입금지 물품 관리.감독에 관한 입법적 개선방안)

  • Chang, In-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.33-66
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    • 2014
  • While the numbers of overseas travelers has been increased rapidly each year, the numbers of passengers in the aircraft also has continued to be increased gradually. In the mist of these increasing numbers, such accidents as threatening an aircraft safety like riot, aircraft hijacking and terrorism have happened constantly. In these circumstances, South Korean government has prescribed "Aviation on Security Act" in accordance with the Convention on International Civil Aviation and other international agreements. This act aims to prevent illegal activities and illegal items on the aircraft to ensure the safety and security of civil aviation. However, this act is not sufficiently regulating all the illegal crimes and illegal items on the flight. For the worse, there is a lack of effective supervisory capacity. Likewise, the inherent problems of the current laws relating to the prevention of the illegal items on the aircraft are appearing on the surface continually. Above all, illegal items on the aircraft are directly connected to the issue of aviation safety and security as well as a safe utilization of the flight service. Thus, when there occurs a serious accident on board, it surely would be led to a huge economic loss not mentioning the loss of lives following the accident. Therefore safety of the flight passengers cannot be guaranteed without ensuring the safety of aircraft facilities and good supervisory mechanism of illegal items on the aircraft. Accordingly, establishing a safe operation order tends to influence economy and tourism of a country in no small measure. Therefore, it is an urgent issue to settle down a reasonable and adequate supervisory regulations regarding the prevention of the illegal items on the aircraft. Consequently, in this article, I studied on a reasonal and effective mechanism to control the prevention of the illegal items and illegal acts on the aircraft in order to ensure a safety and security of civil aircraft.

A Study on the Consciousness Survey for the Establishment of Safety Village in Disaster (재난안전마을 구축을 위한 의식조사 연구)

  • Koo, Wonhoi;Baek, Minho
    • Journal of the Society of Disaster Information
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    • v.14 no.3
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    • pp.238-246
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    • 2018
  • Purpose: The purpose of this study is to examine the directions for establishing a disaster safety village in rural areas where damage from a similar type of disaster occurs repeatedly by conducting the consciousness survey targeting at experts and disaster safety officials in a local government. Method: The risks of disaster in rural areas were examined and the concept and characteristics of disaster safety village which is a measure on the basis of Myeon (township) among the measures of village unit were examined in order to carry out this study. In addition, opinion polling targeting at officials-in-charge in the local government and survey targeting at experts in disaster safety and building village were conducted. Based on the findings, the directions for establishing a disaster safety village that fitted the characteristics of rural areas were examined. Result: The officials-in-charge in the local government answered that rural areas have a high risk of storm and flood such as heavy snowing, typhoon, drought, and heavy rain as well as forest fire, and it is difficult to draw voluntary participation of farmers for disaster management activities due to their main duties. They also replied that active support and participation of residents in rural areas are necessary for future improvement measures. The experts mostly replied that the problem of disaster safety village project is a temporary project which has low sustainability, and the lack of connections between the central government, local governments and residents was stressed out as the difficulties. They said that measures to secure the budget and the directions of project promotion system should be promoted by the central government, local governments and residents together. Conclusion: The results of this study are as follows. First, a disaster safety village should be established in consideration of the disaster types and characteristics. Second, measures to secure the budget for utilizing the central government fund as well as local government fund and village development fund should be prepared when establishing and operating a disaster safety village in rural areas. Third, measures to utilize a disaster safety village in rural areas for a long period of time such as the re-authorization system should be prepared in order to continuously operate and manage such villages after its establishment. Fourth, detailed measures that allow residents of rural areas to positively participate in the activities for establishing a disaster safety village in rural areas should be prepared.

Cultural Practices for Reducing Cold Wind Damage of Rice Plant in Eastern Coastal Area of Korea (동해안지대 도작의 냉조풍피해와 피해경감대책)

  • 이승필;김칠용
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.36 no.5
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    • pp.407-428
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    • 1991
  • The eastern coastal area having variability of climate is located within Taebaek mountain range and the east coast of Korea. It is therefore ease to cause the wind damages in paddy field during rice growing season. The wind damages to rice plant in this area were mainly caused by the Fohn wind (dry and hot wind) blowing over the Taebaek mountain range and the cold humid wind from the coast. The dry wind cause such as the white head, broken leaves, cut-leaves, dried leaves, shattering of grain, glume discolouration and lodging, On the other hand the cold humid wind derived from Ootsuku air mass in summer cause such symptom as the poor rice growth, degeneration of rachis brenches and poor ripening. To minimize the wind damages and utilize as a preparatory data for wind injury of rice in future, several experiments such as the selection of wind resistant variety to wind damage, determination of optimum transplanting date, improvement of fertilizer application methods, improvement of soils and effect of wind break net were carried out for 8 years from 1982 to 1989 in the eastern coastal area. The results obtained are summarized as follows. 1. According to available statisical data from Korean meteorological services (1954-1989) it is apperent that cold humid winds frequently cause damage to rice fields from August 10th to September 10th, it is therefore advisable to plan rice cultivation in such a way that the heading date should not be later than August 10th. 2. During the rice production season, two winds cause severe damage to the rice fields in eastern coastal area of Korea. One is the Fohn winds blowing over the Taebaek mountain range and the other is the cold humid wind form the coast. The frequency of occurrence of each wind was 25%. 3. To avoid damage caused by typhoon winds three different varieties of rice were planted at various areas. 4. In the eastern coastal area of Korea, the optimum ripening temperature for rice was about 22.2$^{\circ}C$ and the optimum heading date wad August 10th. The optimum transplanting time for the earily maturity variety was June 10th., medium maturity variety was May 20th and that of late maturity was May 10th by means of growing days degree (GDD) from transplanting date to heading date. 5.38% of this coastal area is sandy loamy soil while 28% is high humus soil. These soil types are very poor for rice cultivation. In this coastal area, the water table is high, the drainage is poor and the water temperature is low. The low water temperature makes it difficult for urea to dissolve, as a result rice growth was delayed, and the rice plant became sterile. But over application of urea resulted in blast disease in rice plants. It is therefore advise that Ammonium sulphate is used in this area instead of urea. 6. The low temperature of the soil inhibits activities of microorganism for phosphorus utilization so the rice plant could not easily absorb the phosphorus in the soil. Therefore phosphorus should be applied in splits from transplanting to panicle initiation rather than based application. 7. Wind damage was severe in the sandy loamy soil as compared to clay soils. With the application of silicate. compost and soil from mointain area. the sand loamy soil was improved for rice grain colour and ripening. 8. The use of wind break nets created a mocro-climate such as increased air. soil and water temperature as well as the reduction of wind velocity by 30%. This hastened rice growth, reduced white head and glume discolouration. improved rice quality and increased yield. 9. Two meter high wind break net was used around the rice experimental fields and the top of it. The material was polyethylene sheets. The optimum spacing was 0.5Cm x 0.5Cm. and that of setting up the wind break net was before panicle initiation. With this set up, the field was avoided off th cold humid wind and the Fohn. The yield in the treatment was 20% higher than the control. 10. After typhoon, paddy field was irrigated deeply and water was sprayed to reduce white head, glume discolouration, so rice yield was increased because of increasing ripening ratio and 1, 000 grain weight.

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Optimum Management Plan for Soil Contamination Facilities (특정토양오염관리대상시설의 최적 관리방안에 관한 연구)

  • Park, Jae-Soo;Kim, Ki-Ho;Kim, Hae-Keum;Choi, Sang-Il
    • Korean Journal of Soil Science and Fertilizer
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    • v.45 no.2
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    • pp.293-300
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    • 2012
  • This study was to investigate the unsuitable rate of the storage facilities, the changes in corrosion process over time after installation according to the status, the time to install the facilities, years elapsed after facilities installation, inspection of methods and motivation, and so on, based on the results of the inspection at the petroleum storage facilities conducted by domestic soil-relate specialized agency to derive optimal management plans which meet the status of soil contamination facilities. The results showed that the facilities more than 5 years after the initial leak test at the time of the installation need to be inspected periodically by considering costs of leak test and remediation of polluted soil. The inspection period can be decided by cost and leak test methods showing discrepancies for the results obtained from individual test whether it was direct or indirect. To compensate these matters, we suggested that the direct inspection method on regular schedule is recommended. On the other hand, the inspection can be voluntarily completed to ease burden of the results by inspection or equivalent level to this inspection method. Also, it may need improved construction supervision and performance test system to minimize the occurrence of the nature defects in installing the facilities as well as the upgrade program for the facilities during intervals of inspection period.

Analysis and Improvement Strategies for Korea's Cyber Security Systems Regulations and Policies

  • Park, Dong-Kyun;Cho, Sung-Je;Soung, Jea-Hyen
    • Korean Security Journal
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    • no.18
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    • pp.169-190
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    • 2009
  • Today, the rapid advance of scientific technologies has brought about fundamental changes to the types and levels of terrorism while the war against the world more than one thousand small and big terrorists and crime organizations has already begun. A method highly likely to be employed by terrorist groups that are using 21st Century state of the art technology is cyber terrorism. In many instances, things that you could only imagine in reality could be made possible in the cyber space. An easy example would be to randomly alter a letter in the blood type of a terrorism subject in the health care data system, which could inflict harm to subjects and impact the overturning of the opponent's system or regime. The CIH Virus Crisis which occurred on April 26, 1999 had significant implications in various aspects. A virus program made of just a few lines by Taiwanese college students without any specific objective ended up spreading widely throughout the Internet, causing damage to 30,000 PCs in Korea and over 2 billion won in monetary damages in repairs and data recovery. Despite of such risks of cyber terrorism, a great number of Korean sites are employing loose security measures. In fact, there are many cases where a company with millions of subscribers has very slackened security systems. A nationwide preparation for cyber terrorism is called for. In this context, this research will analyze the current status of Korea's cyber security systems and its laws from a policy perspective, and move on to propose improvement strategies. This research suggests the following solutions. First, the National Cyber Security Management Act should be passed to have its effectiveness as the national cyber security management regulation. With the Act's establishment, a more efficient and proactive response to cyber security management will be made possible within a nationwide cyber security framework, and define its relationship with other related laws. The newly passed National Cyber Security Management Act will eliminate inefficiencies that are caused by functional redundancies dispersed across individual sectors in current legislation. Second, to ensure efficient nationwide cyber security management, national cyber security standards and models should be proposed; while at the same time a national cyber security management organizational structure should be established to implement national cyber security policies at each government-agencies and social-components. The National Cyber Security Center must serve as the comprehensive collection, analysis and processing point for national cyber crisis related information, oversee each government agency, and build collaborative relations with the private sector. Also, national and comprehensive response system in which both the private and public sectors participate should be set up, for advance detection and prevention of cyber crisis risks and for a consolidated and timely response using national resources in times of crisis.

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OBSTETRICIAN'S VIEW OF TEENAGE PREGNANCY:PRESENT STATUS, PREVENTION AND PSYCHIATRIC CONSULTATION (산과 의사가 인지한 10대 임신의 현황, 예방, 정신과 자문)

  • Kim, Eun-Young;Kim, Boong-Nyun;Hong, Kang-E;Lee, Young-Sik
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.13 no.1
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    • pp.117-128
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    • 2002
  • Objectives:For the purpose of obtaining the more vivid present status and prevention program of teenage pregnancy, this survey was done by Obstetricians, as study subject, who manage the pregnant teenager in real clinical situation. Methods:Structured survey form about teenage pregnancy was sent to 2,800 obstetricians. That form contained frequency, characteristics, decision making processes, and psychiatric aspects of the teenage pregnancy. 349 obstetricians replied that survey form and we analysed these datas. Results:(1) The trend of teenage pregnancy was mildly increased. (2) The most common cases were unwanted pregnancy by continuing sexual relationship with boyfriends rather than by forced, accidental sexual relationship with multiple partners. (3) The most common reason of labor was loss the time of artificial abotion. (4) Problems of pregnant girls' were conduct behaviors and poor informations about contraception rather than sexual abuse or mental retardation. (5) Most obstetricians percepted the necessity of psychiatric consultation, however psychiatric consultation was rare due to parents refusal and abscense of available psychiatric facility. (6) For the prevention of teenage pregnancy, the most important thing was practical education about contraception. Conclusions:Based on the result of this study, further study using structured interview schedule with pregnant girl is needed for the detecting risk factor of teenage pregnancy and effective systematic approach to pregnant girl.

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Strengthening International Collaboration for Counter-Piracy Efforts - Focusing on Counter-Piracy Operations Off the Coast of Somalia - (해적퇴치를 위한 국제공조 확대 방안 - 소말리아 해적퇴치 방안을 중심으로 -)

  • Kim, Duk-Ki
    • Strategy21
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    • s.31
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    • pp.251-293
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    • 2013
  • 해적은 공해상 해상안전을 위협 한다는 점에서 '인류공동의 적'으로 규정되어 모든 국가가 이를 규제할 수 있는 보편적 관할권이 행사되는 범죄이다. 한국을 포함한 아시아 지역 국가들은 말라카해협 통항에 관해 깊은 이해관계를 갖고 있어 해적 소탕에 대한 의지가 강한 편이다. 이러한 의지는 2006년 '아시아해적퇴치정보공유센터(ReCAAP ISO)'의 창설에 밑거름이 되었으며, 아시아 지역에서 해적이 출현하면 동 센터를 통해 17개국 회원국으로 즉시 통보되고, 주변국의 해경과 해군이 유기적인 작전을 통해 해적을 효율적으로 퇴치하고 있는 모범사례다. 그러나 2009년 소말리아 내란에 따른 무정부 상태가 지속되면서 소말리아 및 아덴만에서의 해적활동이 극성을 부리기 시작했으며, 선박납치 행위가 급증하자 세계 각국에서 함정과 항공기를 파견하여 해적퇴치 활동을 전개하고 있으나 근절되지 않을 뿐만 아니라 해적의 활동해역이 확대되고 있다. 이러한 배경 하에 시작된 본 연구는 연구결과를 중심으로 다음과 같은 대응 방안을 제시한다. 첫째, 소말리아 해적의 근본원인은 국가의 붕괴에서 비롯된 치안부재와 열악한 경제사정 등 내부적인 요인이 크기 때문에 다국적 해군 활동으로 인한 근본적인 해적퇴치에는 한계가 있다. 따라서 국제적인 차원에서 '지역협력협정'체결은 물론, 소말리아 국가재건을 위한 노력이 함께 이루어지는 종합적인 대책이 필요하다. 그러나 보다 더 근본적인 해결책은 유엔차원에서 빠른 시간 내에 소말리아가 정치적 안정을 유지할 수 있도록 정치적 차원에서의 지원이 필요하며, 해적과 테러리스트가 연계됨으로써 국제문제로 확대되지 않도록 하는 노력도 병행되어야 한다. 둘째, 해적문제는 특정국가에만 해당되는 것이 아니라 초국가적인 문제임을 감안하여 유엔안전보장이사회 결의 제1851호에서 '지역 센터' 설립을 권고하고 있는 것처럼 2006년 아시아 국가들이 설치한 ReCAAP ISO와 같은 형태의 지역국가 간 협력기구 또는 유엔 차원의 해적 전담기구를 설치하여 국제사회 공조 하에 해적에 대처하는 방안을 추진하는 것이 필요하다. 셋째, 최근 발생하고 있는 해적행위는 주로 항구 등 내수, 영해 등 연안국의 관할권이 행사되는 지역에서 발생하고 있어 유엔해양법상의 규정은 이러한 '해적' 퇴치에 더 이상 효율적이지 못하다. 국제사회는 이러한 문제점을 인식하여 국제해사기구 (IMO) 등 국제기구를 통해 영해내의 해적 처벌을 위해 최선의 노력을 기울이고 있다. 향후 궁극적으로는 유엔해양법협약의 개정을 통해 법적인 문제점이 개선되어야 한다. 넷째, 전술적인 측면에서도 지상에 기지를 두고 있는 해적들의 지도부가 그 동안 쌓아 놓은 네트워크를 이용하여 다국적 해군에 대한 정보를 수집하고 대응방안을 강구함으로써 나름대로의 생존전략을 구사할 것으로 예상된다. 특히, 선박을 납치한 후 소말리아 연안으로 이동하면서 해군함정과 대치하는 과정에서 해적들이 살상을 당하는 사례가 증가함에 따라 지금까지는 피랍된 선박의 선원을 단순히 해적활동에 참여시키거나, 항해지원을 위한 목적 등으로만 활용했는데, 앞으로는 해적들의 인명피해를 최소화하기 위해서라도 선원들을 방패막이로 활용할 가능성이 더욱 높아질 것으로 예상된다. 따라서 참가하는 해군함정 또는 부대간 해적들의 활동 관련 정보를 공유하는 등 사전에 정보를 획득하기 위한 협력을 강화해야 한다. 다섯째, 한국군함이 삼호주얼리호를 납치했던 소말리아 해적을 한국까지 대리고 와서 처벌하는 것은 불합리하고, 많은 문제점을 야기할 수 있기 때문에 향후 해적처벌을 위한 국제사법기구의 설치가 요구된다. 회원국 분담금으로 운영되는 유엔에 산하기관을 설치하여 소말리아 인접국에서 해결하도록 적극적인 노력을 경주할 필요가 있다. 마지막으로, 선박회사에서도 자국 선박이 위험구역으로 지정된 해역을 항해할 경우를 대비해서 선박자동식별 시스템 구축을 확대하고, 해적이 선박에 승선했을 경우를 대비해서 안전구역(citadel)을 설치하여 선원의 안전을 확보하는 등의 대책이 필요하다. 본 연구를 통해 해양안보는 어느 특정국가에게만 주어진 것이 아니며, 해적행위도 특정 국가의 선박을 대상으로 하는 것이 아니므로 각국 정부간 공동의 협력과 국제사회의 공조가 반드시 실현될 때 해적의 위협으로부터 선박의 안전과 국제사회의 평화가 실현될 수 있다는 것을 강조하고자 한다.

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Some Considerations on Aviation Insurance : With a focus on coverage of aviation insurance (항공보험에 대한 약간의 고찰 -항공보험의 담보범위를 중심으로)

  • Kim, Sun-Ihee;Jung, Da-Eun
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.43-77
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    • 2010
  • The development of the aviation industry has exponentially increased the volume of passengers and cargo and gradually expanded the damage scope of all kinds of accidents in the process of transportation. As a result, the need for aviation insurance has accordingly grown bigger and bigger every day. That is why most nations have a law to force mandatory insurance on the aviation industry. However, the Montreal Convention of 1999, which Korea also signed and today has the most extensive effect in the international civil aviation community, offers no clear interpretations about the coverage of aviation insurance along with the Air Transport Business Promotion Act of Korea. The advanced nations of air transport business such as EU, the U. S. A. and Canada prescribe the coverage of aviation insurance and have a law that makes it mandatory for all the passengers and third parties to cover air carrier's liability. EU requires them to include cargo and baggage in scope of coverage, and the U. S. A. and Canada recommend insuring by having a shipper receive a written notice containing information about whether the concerned cargo is insured or not. Making the scope of coverage of aviation insurance clear by law serves several purposes including diversifying risks for air transport companies, providing the victims with enough protection, observing the international accountability required in the air transport industry, and promoting the productive and sustainable growth of the aviation industry. Thus problems with Korea's aviation insurance should be resolved by clearly stating the coverage of aviation insurance that the Korean air carriers and operators need to insure according to the current state of Korea's air transport by consulting the legislations of the advanced nations in air transports. and enacting a law to comprehensively govern Korea's aviation insurance.

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