• Title/Summary/Keyword: Accident event

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The legal responsibility of the unmanned aircraft operators and insurance (무인항공기 운영자의 법적책임과 보험)

  • Kim, Jong-Bok
    • 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.

U.S. Admiralty Jurisdiction over aviation claims (항공사고에 관한 미국 해사법정관할)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.3-35
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    • 2016
  • The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.

A Comparative Analysis of Masan's Democratic Movement : The 3·15 Uprising in 1960 and the 10·18 Buma Uprising in 1979. (마산의 민주화운동 비교 분석: 1960년 3·15의거와 1979년 10·18부마항쟁)

  • Chung, Joo-Shin
    • Korea and Global Affairs
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    • v.3 no.2
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    • pp.5-58
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    • 2019
  • The purpose of this article is to bring about 10.26 accident by providing a fuse for the overthrow of the Park Chung-hee administration in the 10.18 Buma uprising. So, first of all, this article has a main purpose in analyzing the comparison between Masan's 3.15 uprising and 10.18 Buma uprising. The purpose of the study is to compare the 3.15 democratic movement in Masan with the 10.18 Buma uprising, given that the incident laid the foundation for the dictator to be overthrown in the event of an anti-dictatorial movement in Masan. The research method of this article is intended to be used as a research method in the 3.15 and 10.18 protests, given that if a person in power conducts election fraud or suppresses anti-government movements in order to maintain the system, it could lead to the destruction of those in power. In the end, the Masan 3.15 uprising and 10.18 uprising failed to reach a direct attempt to overthrow the regime due to unfinished democratic movements, but with the revolution of 4.19 and the massive political transformation of 10.26 Accident, he achieved the leading role theory that allowed the Rhee Syngman and Park Chung-hee administrations. In eradicating authoritarian regimes, however, the historic significance of the democratization movement was that the authoritarian regime eventually brought about the collapse of the regime by making a hard-line stance on election schemes or popular protests over the trap of power boomerang, which causes the regime to collapse.

A study on mandatory insurance for aircraft operators (항공보험 가입의무에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.169-197
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    • 2018
  • The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

Vital Area Identification for the Physical Protection of Nuclear Power Plants during Low Power and Shutdown Operation (원자력발전소 정지저출력 운전 기간의 물리적방호를 위한 핵심구역파악)

  • Kwak, Myung Woong;Jung, Woo Sik;Lee, Jeong-ho;Baek, Min
    • Journal of the Korean Society of Safety
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    • v.35 no.1
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    • pp.107-115
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    • 2020
  • This paper introduces the first vital area identification (VAI) process for the physical protection of nuclear power plants (NPPs) during low power and shutdown (LPSD) operation. This LPSD VAI is based on the 3rd generation VAI method which very efficiently utilizes probabilistic safety assessment (PSA) event trees (ETs). This LPSD VAI process was implemented to the virtual NPP during LPSD operation in this study. Korea Atomic Energy Research Institute (KAERI) had developed the 2nd generation full power VAI method that utilizes whole internal and external (fire and flooding) PSA results of NPPs during full power operation. In order to minimize the huge burden of the 2nd generation full power VAI method, the 3rd generation full power VAI method was developed, which utilizes ETs and minimal PSA fault trees instead of using the whole PSA fault tree. In the 3rd generation full power VAI method, (1) PSA ETs are analyzed, (2) minimal mitigation systems for avoiding core damage are selected from ETs by calculating system-level target sets and prevention sets, (3) relatively small sabotage fault tree that has the systems in the shortest system-level prevention set is composed, (4) room-level target sets and prevention sets are calculated from this small sabotage fault tree, and (5) the rooms in the shortest prevention set are defined as vital areas that should be protected. Currently, the 3rd generation full power VAI method is being employed for the VAI of Korean NPPs. This study is the first development and application of the 3rd generation VAI method to the LPSD VAI of NPP. For the LPSD VAI, (1) many LPSD ETs are classified into a few representative LPSD ETs based on the functional similarity of accident scenarios, (2) a few representative LPSD ETs are simplified with some VAI rules, and then (3) the 3rd generation VAI is performed as mentioned in the previous paragraph. It is well known that the shortest room-level prevention sets that are calculated by the 2nd and 3rd generation VAI methods are identical.

A Study for Comparison of Consequence Analysis for Buried Pipeline Considering the Depth Factor (깊이 인자를 고려한 매설배관의 사고피해영향 비교 분석에 관한 연구)

  • Han, Seung-Hoon;Seol, Ji-Woo;Yoo, Byong-Tae;Tae, Chan-Ho;Ko, Jae Wook
    • Journal of the Korean Institute of Gas
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    • v.20 no.5
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    • pp.9-16
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    • 2016
  • Buried pipe system is subject to leak or rupture due to internal and external defects with age. Especially, if the pipeline is designed for pressurized gas, the leak can wreak a devastating on its surrounding area. The current method of setting up underground gas pipeline is based on OGP criteria of applying one tenth of the inner pipe pressure. The criteria is applied irrespective of their burial depth or pipe's properties. At times, even the whole safety measures are totally ignored. Considering the magnitude of possible damage from a gas leakage, a precise analytical tool for the risk assessment is urgently needed. The study was conducted to assess possible scenarios of gas accidents and to develop a computer model to minimize the damage. The data from ETA was analyzed intensively, and the model was developed. The model is capable of predicting jet fire influence area with comprehensive input parameters, such as burial depth. The model was calibrated and verified by the historic accident data from Edison Township, New Jersey, the United States. The statistical model was also developed to compare the results of the model in this study and the existing OGP model. They were in good agreement with respect to damage predictions, such as radiation heat coming from 10 meters away from the heat source of gas flame.

Case Study on the detailed standard setting and Application for QRA in Honam high speed railway tunnel (호남고속철도터널의 정량적 위험도 분석(QRA)을 위한 세부기준수립 및 적용사례)

  • Kim, Seon-Hong;Moon, Yeon-Oh;Seok, Jin-Ho;Kim, Ki-Lim;Kim, Chan-Dong;Yoo, Ho-Sik
    • Proceedings of the Korean Society for Rock Mechanics Conference
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    • 2008.10a
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    • pp.249-260
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    • 2008
  • Although the accident rate is lower than the road tunnel, fire in railway tunnel can bring large damage of human life. In the high speed railway tunnel, the possibility of the railway-disaster (fire) is growing in consideration of the speedy railway and the tunnel length. For that reason, MLTM (Ministry of Land, Transport and Maritime Affairs) published "Rules about the Safety Standard of Railroad (2005.10.27)" and "The Detailed Safety Standard of Railroad (2006.9.22)". According to those, QRA(Quantitative Risk Analysis) technique is recommended to be applied to railway tunnel design which is longer than 1km for assuring the safety function and estimating the risk. However, it is difficult to perform the disaster prevention design due to lack of the detailed standards about event scenario, fire intensity, incidence rate of accidents etc. Therefore, This paper introduces the case of tunnel design for disaster prevention of the Honam high speed railway including the detailed standards of QRA and reasonable safety facilities.

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A study on the validation of hydraulic model using lagrangian GPS floater (Lagrangian 전자부자를 이용한 수리모델 검증 방안 연구)

  • Lee, Ho Soo;Lee, Jeong Min;Han, Eun Jin;Kim, Young Do
    • Journal of Korea Water Resources Association
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    • v.52 no.12
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    • pp.1047-1055
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    • 2019
  • Various types of numerical modeling techniques are used to predict the behavior of pollutants under various water environmental conditions in the event of a water pollutant accident. Among them, a hydraulic model that can consider water flow characteristics is the most basic and very important. The process of evaluating whether the hydraulic model accurately predicts the applied river characteristics is very important. In the verification of the modeling result, the measuring data are often used in the river. Currently, ADCP and FlowTrackers are widely used to measure the flow velocity of rivers. However, ADCP is not accurate when the depth is less than 0.6 m and also when the ratio of irreversibility near the surface is more than 40%. Futhermore, FlowTracker has a limitation in measuring at high depth and high velocity due to the direct measurement method in rivers. Simuation results, which are validated by these methods, are not reliable for low depth conditions of low flowrate and high velocity conditions of high flowrate. In this study, Lagrangian GPS floaters which measures physical quantity of water according to particle movement is used without the conventional method measured by Eulerian technique. The verification method of the model results was studied by comparing the simulation results of the hydraulic model with the velocities measured using the GPS floaters. When comparing the traveling distance of the GPS floaters with the traveling distance of the LPT simulations, the average error rate was 13.6% on distances, and the average error rate was 3.2% on velocities except for the stagnant section. Therefore, GPS floaters can be used for a correction and verification method of hydraulic model simulations.

A Study on Construction of Optimal Wireless Sensor System for Enhancing Organization Security Level on Industry Convergence Environment (산업융합환경에서 조직의 보안성 향상을 위한 센싱시스템 구축 연구)

  • Na, Onechul;Lee, Hyojik;Sung, Soyoung;Chang, Hangbae
    • Journal of the Korea Convergence Society
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    • v.6 no.4
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    • pp.139-146
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    • 2015
  • WSN has been utilized in various directions from basic infrastructure of environment composition to business models including corporate inventory, production and distribution management. However, as energy organizations' private information, which should be protected safely, has been integrated with ICT such as WSN to be informatization, it is placed at potential risk of leaking out with ease. Accordingly, it is time to need secure sensor node deployment strategies for stable enterprise business. Establishment of fragmentary security enhancement strategies without considering energy organizations' security status has a great effect on energy organizations' business sustainability in the event of a security accident. However, most of the existing security level evaluation models for diagnosing energy organizations' security use technology-centered measurement methods, and there are very insufficient studies on managerial and environmental factors. Therefore, this study would like to diagnose energy organizations' security and to look into how to accordingly establish strategies for planning secure sensor node deployment strategies.

A Study on the Development of Modular Design for Multi-purpose Electric Motor Vehicles in Rural Areas (농촌 다목적 모듈형 전기차 개발에 관한 연구)

  • Kwon, Sung-Ja;Kim, Myung-Soo;Lee, Bong-Joo
    • Journal of the Korea Convergence Society
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    • v.11 no.6
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    • pp.173-182
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    • 2020
  • Since 2000, Korea has seen a big trend in the market, as the EU tightened regulations on environment due to global warming, high oil prices and aging rural population distribution, strengthening the need for multi-purpose electric moto vehicles for small farmers based on eco-friendly energy. Multi-purpose electric motor vehicles for rural small businesses will be a very innovative means of transportation, not only maintained at a low cost and to reduce greenhouse gases through the activation of eco-friendly energy, but also be a very innovative means of transportation for reducing the labor intensity of the aging farming industry and transporting night work and logistics. In this paper, with the implementation of eco-friendly energy policies, small and medium-sized rural small business owners can easily operate on unpaved roads and well-drawn farming environments, while the intensity of labor can be reduced when transporting crops also can simply replace parts at a low cost in the event of an accident. To propose rural multi-purpose modular electric vehicles, the existing literature is reviewed and 12 modular parts are presented by benchmarking electric vehicles at home and abroad. This paper is thought to be helpful for the research of the industry as well as the design industry of modular electric vehicles.