• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.199-220
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• 2004

The Montreal Convention which came into force on November 4, 2003 over the world, has brought a fundamental change to the scope of carrier liability and expanded the sue scope of the carrier. Not only confirms the carrier liability, it also reflects the effects of code-share. In addition to integrate the existing principles that adopted by many conventions, the Montreal Convention has systematized the unity of international air transport into a single convention. It even successfully increased the extremely low compensation amount which was pointed out as a problem in the Warsaw Convention before. The Warsaw Convention, originally stood for the carriers, began to reflect the standpoint of the passengers. The Chinese Civil Aviation Law came into force on March 1, 1996. One of the significant characteristics of the law is that, the regulation on public and private law is mixed combined. Therein, the content of carrier liability system is prescribed in Chapter 9, which is explained in detail in this study. Besides, the relationship between the Montreal Convention and China will be expounded too. So far, China ranks the 5th in RPK and the 6thin FrK. However, in spite of the high ranks, China has not yet joined this convention. This can be regarded as a serious problem. China should join it as soon as possible for a further development and deeper cooperation with the air-industry-developed countries. Once the government ratifies the Montreal Convention, it will benefit both the Chinese passengers and the airlines.

• Defense and Technology
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• no.1 s.155
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• pp.50-53
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• 1992

전시 접수국 지원(WHNS) 협정의 개념은 '80년대초 이후 미국이 NATO의 중.장기 방위증강을 추진하는 과정에서 발전,구체화된 것으로서 현재 미국은 벨기에, 서독등 10개의 NATO 회원국들과 WHNS 협정을 체결하고 있다. 우리나라와 미국간의 WHNS 협정은 지난해 서울에서 개최된 제23차 한.미 연례안보협의회의(SCM) 기간중(1991년 11월 21일) 체결되었다. 이 협정은 외부침략등 유사시 미국과의 연합전쟁 수행을 전제로 미국 증원부대의 전개를 보다 신속히 하고, 증원군이 필요로 하는 군수지원 사항을 사전에 규정해 둠으로써 유사시 대응태세를 강화하는데 목적이 있으며 주한미군의 단계적 감축에 대비한 보완책으로서 그 필요성이 크다고할 수 있다. 이 협정의 체결을 계기로 한.미 양국은 수평적 안보협력관계를 발전시켜 나가는 기반을 조성하였으며, 기존의 지원사항 및 협력체계의 재정비와 한.미 연합방위능력의 향상이 기대된다

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.29-65
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• 2012

Der neue strukturelle Ansatz der Kommbination eines Rahmen$\ddot{u}$bereinkommens und eines ausr$\ddot{u}$stungsspezifischen Sonderprotokolls bedingt einen neuen organisatorischen Anstz f$\ddot{u}$r die Zusammenarbeit zwischen internationalen Organisationen bei der Schaffung von internationalem Einheitsprivatrecht. So haben hier zwei internationale Organisationen gemeinsam die Verantwortung f$\ddot{u}$r einmultilaterales $\ddot{U}$bereinkommen $\ddot{u}$bernommen: auf der einen Seite UNIDROIT als die internationale Organisation, die generell f$\ddot{u}$r die Vereinheitlichung des Privatrechts kompetent ist; auf der anderen Seite ICAO als die f$\ddot{u}$r die private Luftfahrt zust$\ddot{a}$ndige internationale Organisation. Dieses neue, f$\ddot{u}$r die Luftfahrzeugausr$\ddot{u}$stung praktizierte organisatorische Modell eines joint venture zweier internationaler Organisation bei der Einheitsrechtsetzung, namlich die Betreuung eines allgemeinen privatrechtsvereinheitlichenden Rahmens$\ddot{u}$bereinkommens durch UNIDROIT und die Wahrnehmung der sektorspezifischen Belange in einem ausr$\ddot{u}$stungsspesifischen Sonderprotokoll durch die jeweils zust$\ddot{a}$ndige internationale Spezialorganisation, hat bereits f$\ddot{u}$r die Sektoren der Eisenbahn- und Weltraumausrustung Schule gemacht. Das in Kapstadt beschlossene v$\ddot{o}$lkervertragliche Regelungswerk hat erstmals ein einheitsrechtliches - grunds$\ddot{a}$atzlich weltweite Geltung anstrebendes - Sicherungsrecht geschafen. Dies kann f$\ddot{u}$r die Sachenrechtsintergration einen $\ddot{a}$hnlichen Durchbruch bedeuten, wis das Wiener UN-kaufrechts$\ddot{u}$bereinkommen von 1980 f$\ddot{u}$r das Schuldvertragsrecht. Voraussetzung daf$\ddot{u}$r ist allerdings die juristische Qualit$\ddot{a}$t und Praxisgerechtigkeit des Regelungswerkes und - insbesondere - das Funktionieren des Registersystems. Von wesentlicher Bedeutung f$\ddot{u}$r den Erfolg des $\ddot{U}$bereinkkommens wird auchsein, ob es Rechtssicherheit zu gew$\ddot{a}$hrleisten vermag.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.181-202
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• 2020

The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

• Cartoon and Animation Studies
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• s.17
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• pp.21-35
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• 2009

Continuous provocation of Japanese government to a Dokdo issue and Agreement on Fisheries between the Republic of Korea and Japan evokes a rage and resistance to whole nation in South Korea. In view of mass culture, Japanese Rightists cartoonists, Kobayashi Yoshinori and Yamano Syarin show distorted history in their works. Therefore the consideration of the birth of the Japanese right-wing cartoon is needed in historical, social and cultural viewpoints. First, the actual condition and historical background of Japanese Rightist will be showed. Second, a new Japanese history textbook which was written by right-wing organizations and Yasukuni-jinja will be discussed objectively. Finally, the representative of Japanese right-wing cartoons, and by Kobayashi Yoshinori and Yamano Syarin about historical distortion will be analyzed carefully. In this dissertation, through the factual analysis of cartoons, in opposition to a prejudice and distortion about Korean history of Japanese Rightist, cartoonists' precise and academic posture is proposed.

• The Journal of the Korea Contents Association
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• v.22 no.5
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• pp.214-222
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• 2022

It is important to realize employment equality to fulfill corporate social responsibility. The most suitable indicator for assessing its performance is the gender wage gap. Korea is considered the country with the most severe gender wage gap among OECD member countries, however, studies on the gender wage gap have been mainly attempted to explain in terms of the structure of the labor market, government policies, etc. This study focus on the characteristics of CEO and HR systems among the characteristics of organizations affecting the gender wage gap. The management philosophy sets the direction of organizational decision-making and activates the system. In addition, the HR system enables fair and objective organizational management for members through rules and procedures. However, even in organizations seeking rationalization, minority people may experience discrimination. Moreover, the rational HR system may act as a mechanism to justify discrimination, contrary to existing intentions. This study proposes that in order for the rational HR system to work positively, it must be based on the management philosophy. In other words, it is intended to derive a mechanism that can alleviate the gender wage gap from the integrated perspective of the characteristics of the CEO and the rational HR system. In particular, it aims to provide specific implications for how the organization should operate the HR system by examining the gender wage gap based on internal factors of companies that utilize manpower.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.375-402
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• 2020

The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

• Journal of the Korean Society for Nondestructive Testing
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• v.12 no.3
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• pp.20-32
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• 1992

국제표준화기구(國際標準化機構)(ISO)의 비파괴시험(非破壞檢査) 기술자(技術者)의 기량인정(技量認定)및 인증에 관(關)한 국제친격안(國際規格案) DIS 9712를 번역, 소개(紹介)한다. 이 문서(文書)는 현재(現在)로는 안(案)에 불과하지만 부원간(不遠間) 회원국(會員國) 각국(各國)이 투표(投票)에 의(依)해서 결정(決定)되게될 것이다. 구주(歐州)의 대부분(大部分) 국가(國家)는 적극적(積極的)으로 찬성(贊戚)을 하고 있고 개발도상국(開發途上國)에서는 동조(同調)를 하고 있으며 일본(日本)도 찬성(贊成)을 표명하고 있다. 반대(反對)하는 나라는 놀랍게도 미국(美國)과 서독(西獨)이지만 대립점(對立點)이 몇가지로 좁혀지고 있고 타협책(妥協策)이 모색되고 있어서 국제규격(國際規格)으로써 확정(確定)되는 것은 시간문제(時間問題)인 것으로 보이며 정식(正式) 문서화(文書化) 하기까지는 아마도 시간(時間)이 좀 걸릴 듯하다. 많은 나라가 이 문서(文書)를 전제(前提)로 해서 비파괴시험(非破壞檢査) 기술자격(技術資格)에 대(對)한 인정(認定)의 국제통합(國際統合)을 추진(推進)하고 있다. 일본(日本)도 1989년(年)에 종래사용(從來使用)해오던 규정(規程)을 개정(改訂)하였으며 국제통합(國際統合)을 더욱 진전(進展)시키기 위(爲)하여 자국(自國)의 인정규정(認定規程)과 국제규격안(國際規格案)과의 항목별(項目別)로 비교검토(比較檢討)하고 있다. 우리나라의 기술자격인정제도(技術資格認定制度)는 국가기술자격법(國家技術資格法)에 의거(依據)하여 한국산업인력관리공단(韓國産業人力管理公團)에서 주관(主管)하여 실시(實施)하고 있는 반면(反面) 미국(美國), 구주(歐州) 등(等) 대다수(大多數)의 나라가 정부(政府)의 위임하(委任下)에 협회(協會) 등(等)의 단체(團體)에서 주관(主管)하여 실시(實施)하고 있는 것이 특징(特徵)이며 기술자격(技術資格)의 등급면(等級面)에서도 대부분의 국가(國家)가 Level 1, 2 및 Level 3의 3등급(等級)으로 구분(區分)하여 실시(實施)되고 있는데 현행(現行) 우리나라는 기능사(技能師), 기능장(機能長) (기능대졸업자(機能大卒業者) 대상), 기사(技師) 1, 2급 및 기술사(技術士)로 세분(細分)되어 실시(實施)되고 있다. 국제표준화(國際漂準化) 기구(機構)(ISO)의 비파괴검사(非破壞檢査) 기술자(技術者)의 기량인정(技量認定)및 인증에 대(對)한 국제규격(國漂規格)이 마무리 단계에 있고 많은 나라에서 국제통합(國際統合)을 추진(推進)하고 있는 추세여서 우리나라도 이에 대응해 나아가야 할 것으로 사료(思料)된다.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.127-160
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• 2014

The UN COPUOS was established in 1959 as a permanent committee of the UN General Assembly with the aims to promote international cooperation in peaceful uses of outer space, to formulate space-related programmes within the UN, to encourage research and dissemination of information on space, and to study legal problems arising from the outer space activities. Its members have been enlarged from 24 members in 1959 to 76 in 2014. The Legal Subcommittee, which has been established under COPUOS in 1962 to deal with legal problems associated with space activities, through its first three decades of work has set up a framework of international space law: the five treaties and agreements - namely the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, Moon Agreement - and the five declarations and legal principles. However, some sceptical views on this legal framework has been expressed, concerning the applicability of existing international space law to practical issues and new kinds of emerging space activities. UNISPACE III, which took place in 1999, served as a momentum to revitalize the discussions of the legal issues faced by the international community in outer space activities. The agenda of the Legal Subcommittee is currently structured into three categories: regular items, single issue/items, and items considered under a multi-year workplan. The regular items, which deal with basic legal issues, include definition and delimitation of outer space, status and application of the five UN treaties on outer space, and national legislation relevant to the peaceful exploration and use of outer space. The single issues/items, which are decided upon the preceding year, are discussed only for one year in the plenary unless renewed. They include items related to the use of nuclear power sources in outer space and to the space debris mitigation. The agenda items considered under a multi-year work plan are discussed in working group. Items under this category deal with non-legally binding UN instruments on outer space and international mechanism for cooperation. In recent years, the Subcommittee has made some progress on agenda items related to nuclear power sources, space debris, and international cooperation by means of establishing non-legally binding instruments, or soft law. The Republic of Korea became the member state of COPUOS in 2001, after rotating seats every two years with Cuba and Peru since 1994. Korea's joining of COPUOS seems to be late, in considering that some countries with hardly any space activity, such Chad, Sierra Leone, Kenya, Lebanon, Cameroon, joined COPUOS as early as 1960s and 1970s and contributed to the drafting of the aforementioned treaties, declarations, and legal principles. Given the difficulties to conclude a treaty and un urgency to regulate newly emerging space activities, Legal Subcommittee now focuses its effort on developing soft law such as resolutions and guideline to be adopted by UN General Assembly. In order to have its own practices reflected in the international practices, one of the constituent elements of international customary law, Korea should analyse its technical capability, policy, and law related to outer space activities and participate actively in the formation process of the soft law.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.29-73
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• 2012

Aviation safety is the State and industry's top priority and more scientific approaches for fatigue management should be needed. There are lately various studies and regulation changes for crew fatigue management with ICAO, FAA and EASA. ICAO issued the provisions of fatigue management for flight crew since 1st edition, 1969, of Annex 6 operation of aircraft as a Standards and Recommended practice(SARPs). Unfortunately, there have been few changes and improvement to fatigue management provisions since the time they were first introduced. However the SARPs have been big changed lately. ICAO published guidance materials for development of prescriptive fatigue regulations through amendment 33A of Annex 6 Part 1 as applicable November 19th 2009. And then ICAO introduced additional amendment for using Fatigue Risk Management System (FRMS) with $35^{th}$ amendment in 2011. According to the Annex 6, the State of the operator shall establish a) regulations for flight time, flight duty period, duty period and rest period limitations and b) FRMS regulations. The Operator shall implement one of following 3 provisions a) flight time, flight duty period, duty period and rest period limitations within the prescriptive fatigue management regulations established by the State of the Operator; or b) a FRMS; or c) a combination of a) and b). U.S. FAA recently published several kinds of Advisory Circular about flightcrew fatigue. U.S. passed "Airline Safety and FAA Extension Act of 2010" into law on August 1st, 2010. This mandates all commercial air carriers to develop a FAA-acceptable Fatigue Risk Management Plan(FRMP) by October 31st, 2010. Also, on May 16, 2012, the FAA published a final rule(correction) entitled 'Flightcrew Member Duty and Rest Requirements; correction to amend its existing prescriptive regulations. The new requirements are required to implement same regulations for domestic, flag and supplemental operations from January 4, 2014. EASA introduced a Notice of Proposed Amendment (NPA) 2010-14 entitled "Draft opinion of the European Aviation Safety Agency for a Commission Regulation establishing the implementing rules on Flight and Duty Time Limitations and Rest Requirements for Commercial Air Transport with aeroplanes" on December 10, 2010. The purpose of this NPA is to develop and implement fatigue management for commercial air transport operations. Comparing with Korean and foreign regulations regarding fatigue management, the provisions of ICAO, FAA, EASA are more considering various fatigue factors and conditions. Korea regulations should be needed for some development of insufficiency points. In this thesis, I present the results of the comparative study between domestic and foreign regulations in respect of fatigue management crew member. Also, I suggest legal proposals for amendment of Korea Aviation act and Enforcement Regulations concerning fatigue management for crew members. I hope that this paper is helpful to change korea fatigue regulations, to enhance aviation safety, and to reduce the number of accidents relating to fatigue. Fatigue should be managed at all level such as regulators, experts, operators and pilots. Authority should change surveillance mind-set from regulatory auditor to expert adviser. Operators should identify various fatigue factors and consider to crew scheduling them. Crews should strongly manage both individual and duty-oriented fatigue issues.