• The Korean Journal of Air & Space Law and Policy
• /
• v.31 no.2
• /
• pp.3-35
• /
• 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.

• Journal of the Korean Society of Radiology
• /
• v.7 no.6
• /
• pp.377-381
• /
• 2013

The study attempted to analyze items presented in Act on safety control of radioactive rays around living environment, which has been recently enacted. The test items have been divided into cosmic rays, cosmic rays, terrestrial radiation, and byproduct, etc., and the selected locations for measurement included an airplane at 8000m in the air, mountainous area at 1000m above sea level, 15m-underground building, construction site, and seashore at 0m altitude. The test showed that, based on cosmic rays, plane at 8000m in the air had 4.91mSv/y of effective dose per year. The mountainous area at 1000m above sea level, which was chosen to measure cosmic rays and terrestrial radiation, was measured 0.35mSv higher than the seashore at 0m in altitude due to the effect of cosmic rays and terrestrial radiation from the greater height above sea level. The construction site, chosen as a location to measure byproduct, showed the highest value among the items with 6.66mSv, which is as 10times high as that of a completed building. The seashore at 0m in altitude had 5.96mSv, and, 15m-underground building, based on terrestrial radiation, was the lowest with 4.91mSv. This suggests that, despite the assumption that terrestrial radiation will have greater effect deeper underground, it did not affect inside the building significantly. This study showed that the items presented in Act on safety control of radioactive rays around living environment were not close to effective dose limit for radiation workers proposed by ICRP. However, they were between 4 and 7 times higher than that for general public. This suggests that there should be continuous research on and attention to Safe Management of Daily Surrounding Radiation Act, which is still at its beginning stage.

• The Korean Journal of Air & Space Law and Policy
• /
• v.29 no.1
• /
• pp.33-66
• /
• 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.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.41 no.6
• /
• pp.52-61
• /
• 2013

This study was conducted to investigate the effects of pergola's shading on the thermal comfort index in the summer. The 3 type of pergolas($4m{\times}4m{\times}h2.7m$) which were screened overhead(I)/overhead west(II)/overhead west north(III) plane with reed blind for summer shading and winter wind break, were constructed on the 4th floor rooftop. Thereafter the meteorological variables(air temperature, humidity, radiation, and wind speed) of pergola I, III and rooftop were measured from 14 to 16 August 2013(1st experiment), those of pergola I, II and rooftop were measured from 26 to 28 August 2013(2nd experiment). The effects of pergola's shading on the radiation environment and mean radiant temperature($T_{mrt}$), standard effective temperature($SET^*$) were as follows. The maximum 1 h mean values of differences ${\Delta}$ of the sums of shortwave radiant flux densities absorbed by the human body (${\Delta}K_{abs,max}$) between pergola I, III and nearby sunny rooftop were $-119W/m^2$, $-158W/m^2$, those between pergola I, II and rooftop were $-145W/m^2$, $-159W/m^2$. The maximum 1 h mean values of differences ${\Delta}$ of the sums of long wave radiant flux densities absorbed by the human body (${\Delta}L_{abs,max}$) between pergola I, III and nearby sunny rooftop, were $-15W/m^2$, $-17W/m^2$, those between pergola I, II and nearby rooftop, were $-8W/m^2$, $-7W/m^2$. The response of the direction dependent long wave radiant flux densities $L_1$ on the pergola's shading turned out to be distinctly weaker as compared to shortwave radiant flux densities $K_1$. The pergola's shading leads to a lowering of $T_{mrt}$ and $SET^*$. The peak values of $T_{mrt}$ absorbed by the human body were decreased $16^{\circ}C$ and $21.4^{\circ}C$ under pergola I and III as compared to that of nearby rooftop in the 1st experiment. Those were decreased $18.8^{\circ}C$ and $20.8^{\circ}C$ under pergola I and II as compared to that of nearby rooftop in the 2nd experiment. The peak values of $SET^*$ absorbed by the human body were decreased $2.9^{\circ}C$ and $2.6^{\circ}C$ under pergola I and III as compared to that of nearby rooftop in the 1st experiment. Those were decreased $3.5^{\circ}C$ and $2.6^{\circ}C$ under pergola I and II as compared to that of nearby rooftop in the 2nd experiment. The relative $SET^*$ decrease in pergola II, III compared to nearby sunny rooftop $SET^*$ were lower than that in pergola I, revealing the influence of the wind speed. Therefore it is essential to design pergola to maximize wind speed and minimize solar radiation to achieve comfort in the hot summer. The $SET^*$ under pergola I, III were exceeded $28.7^{\circ}C$ and $30.4^{\circ}C$ which were the upper limit of thermal comfort and tolerable zone during all most daytimes in the 1st experiment(maximum air temperature $37.5^{\circ}C$). The $SET^*$ under pergola I was exceeded $28.7^{\circ}C$ which was the upper limit of thermal comfort zone at 13h, that under pergola II was exceeded $28.7^{\circ}C$ from 8h to 14h, meanwhile the $SET^*$ under pergola I, II were within thermal tolerable zone during most daytimes in the 2nd experiment(maximum air temperature $34.4^{\circ}C$). Therefore to ensure the thermal comfort of pergola for summer hottest days, pergola should be shaded with not only reed blind but also climbing and shade plants. $T_{mrt}$ and $SET^*$ were suitable index for the evaluation of pergola's shading effects and outdoors.

• The Journal of Natural Sciences
• /
• v.5 no.2
• /
• pp.49-62
• /
• 1992

This study was carried out to investigate the emergence, growth and yield components in rice inassoccation with Several cultivation methods direct sowing flooded paddy field(DSF), direct sowing by airplane(DSA), direct sowing in dry paddy field(DSD), 8days seedling planting(8DS), and 35days seedlingplanting(35DS). Also this study was attempeted to know the effects of calcium peroxide on germinationand early growth of rice under different soil conditions, seeding depth, application of organic matter,indirect sowing flooded paddy field.1. Rate of emergence was 73% in DSF, 70% in DSA, 62% in DSD, respectively, under the different cultivation method of rice in reclaimed paddy field.2. Degree of lodging in relation to cultivation was 5 at both DSF and DSA, 3 at DSD, 2 at both 8DS and 35DS respectively.3. Maximum tiller number was 568 per m2 at DSF and 527 at DSA. Heating was delayed for 4 days at DSF, 8 days at DSD and 2 days at 8DS as comparison with that at 35DS.4. Yield was higher 1% to 3% at DSF than that at DSA and DSD while decreased by 12% as compared with that of seedling planting.5. Total dry weight of seedling was decreased by 57% at 8DS, 60% at DSF 63% at DSD, respectively, under 0.3% of salinity. Ratio of decreasing in dry weight was higher with high salinity.6. The amount of O2 released was recorded highest to 2 to 3days after irrigatition, thereafter remaining constant to 10 days after irrigatition.7. The optimum coating amount of calcium peroxide for germination was a half of rice seed weight with 1 cm sowing depth and one-fold with 2-cm sowing depth when rice straw was not applied. With rice straw applied, on the other hand, the amount of peroxide was one-fold with 1-cm sowing depth. It was found that, under the condition of applied 600kg/10a, of 2-cm soil depth with rice straw calcium peroxide coating had no effect on emergence of rice seedling.8. In reclaimed paddy field, lodging degree was 7 with direct sowing by machine and 9 with direct sowing by hand.9. Yield was increased by 5% by applying rice straw with direct sowing by machine.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.38 no.3
• /
• pp.23-32
• /
• 2010

The purpose of this study is to quantify human energy budgets for different structures of outdoor spatial surfaces affecting thermal comfort, to analyze the impacts of tree shading on building energy savings, and to suggest desirable strategies of urban greenspace planning concerned. Concrete paving and grass spaces without tree shading and compacted-sand spaces with tree shading were selected to reflect archetypal compositional types for outdoor spatial materials. The study then estimated human energy budgets in static activity for the 3 space types. Major determinants of energy budgets were the presence of shading and also the albedo and temperature of base surfaces. The energy budgets for concrete paving and grass spaces without tree shading were $284\;W/m^2$ and $226\;W/m^2$, respectively, and these space types were considerably poor in thermal comfort. Therefore, it is desirable to construct outdoor resting spaces with evapotranspirational shade trees and natural materials for the base plane. Building energy savings from tree shading for the case of Daegu in the southern region were quantified using computer modeling programs and compared with a previous study for Chuncheon in the middle region. Shade trees planted to the west of a building were most effective for annual savings of heating and cooling energy. Plantings of shade trees in the south should be avoided, because they increased heating energy use with cooling energy savings low in both climate regions. A large shade tree in the west and east saved cooling energy by 1~2% across building types and regions. Based on previous studies and these results, some strategies including indicators for urban greenspace planning were suggested to improve thermal comfort of outdoor spaces and to save energy use in indoor spaces. These included thermal comfort in construction materials for outdoor spaces, building energy savings through shading, evapotranspiration and windspeed mitigation by greenspaces, and greenspace areas and volume for air-temperature reductions. In addition, this study explored the application of the strategies to greenspace-related regulations to ensure their effectiveness.