• Title/Summary/Keyword: Civil Act

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The International Civil Aviation Organization and Recent Developments of Air Law in a Changing Environment (변환기(變換期)에 있어서의 국제민간항공기구(國際民間航空機構)(ICAD)와 항공법(航空法) 발전(發展)의 최근(最近) 동향(動向))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.7-35
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    • 1992
  • The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

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Space Development and Law in Asia (아시아의 우주개발과 우주법)

  • Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.349-384
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    • 2013
  • The Sputnik 1 launching in 1957 made the world recognize the necessity of international regulations on space development and activities in outer space. The United Nations established COPUOS the very next year, and adopted the mandate to examine legal issues concerning the peaceful uses of outer space. At the time, the military sector of the U.S.A. and the Soviet Union were in charge of the space development and they were not welcomed to discuss the prohibition of the military uses of outer space at the legal section in the COPUOS. Although both countries had common interests in securing the freedom of military uses in outer space. As the social and economic benefits derived from space activities have become more apparent, civil expenditures on space activities have continued to increase in several countries. Virtually all new spacefaring states explicitly place a priority on space-based applications to support social and economic development. Such space applications as satellite navigation and Earth imaging are core elements of almost every existing civil space program. Likewise, Moon exploration continues to be a priority for such established spacefaring states as China, Russia, India, and Japan. Recently, Companies that manufacture satellites and ground equipment have also seen significant growth. On 25 February 2012 China successfully launched the eleventh satellite for its indigenous global navigation and positioning satellite system, Beidou. Civil space activities began to grow in China when they were allocated to the China Great Wall Industry Corporation in 1986. China Aerospace Corporation was established in 1993, followed by the development of the China National Space Administration. In Japan civil space was initially coordinated by the National Space Activities Council formed in 1960. Most of the work was performed by the Institute of Space and Aeronautical Science of the University of Tokyo, the National Aerospace Laboratory, and, most importantly, the National Space Development Agency. In 2003 all this work was assumed by the Japanese Aerospace Exploration Agency(JAXA). Japan eases restrictions on military space development. On 20 June 2012 Japan passed the Partial Revision of the Cabinet Establishment Act, which restructured the authority to regulate Japanese space policy and budget, including the governance of the JAXA. Under this legislation, the Space Activities Commission of the Ministry of Education, Culture, Sports, Science, and Technology, which was responsible for the development of Japanese space program, will be abolished. Regulation of space policy and budget will be handed over to the Space Strategy Headquarter formed under the Prime Minister's Cabinet. Space Strategy will be supported by a Consultative Policy Commission as an academics and independent observers. By revoking Article 4 (Objectives of the Agency) of a law that previously governed JAXA and mandated the development of space programs for "peaceful purposes only," the new legislation demonstrates consistency with Article 2 of the 2008 Basic Space Law. In conformity with the principles laid down in the 1967 Outer Space Treaty JAXA is now free to pursue the non-aggressive military use of space. New legislation is the culmination of a decade-long process that sought ways to "leverage Japan's space development programs and technologies for security purposes, to bolster the nation's defenses in the face of increased tensions in East Asia." In this connection it would also be very important and necessary to create an Asian Space Agency(ASA) for strengthening cooperation within the Asian space community towards joint undertakings.

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A Study on the Establishment of the Framework Apportion Ratio in Calculating Damages due to Accidental Fires (화재의 실화배상책임액 산정을 위한 프레임워크 수립에 관한 연구)

  • Song, Kwang-Suk;Park, Chung-Hwa
    • Fire Science and Engineering
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    • v.33 no.6
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    • pp.190-203
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    • 2019
  • Since the amendment of the Accidental Fire Liability Act in 2009, interested parties in accidental fire liability contracts have settled issues associated with the estimation of each other's liability amounts through lawsuits. As fire accidents are complex in nature, it is difficult to distinguish between direct and additional damages caused by extended combustion while calculating liability amounts for accidental fires. Additionally, there is an increasing need for establishing and using a framework that includes validity and reliability. To establish such a framework for estimating the liability amounts in case of an accidental fire, this study suggests a novel categorization of fires to be applied to the framework. This will be organized by the subjects of the liability of accidental fires, and quantified and probabilistic processed qualitative items through the methods applied to quantification (AMEA/FTA) based on the fire statistics data published by the government and the previous researchers' research application data and results.

A Study on Health Promotion Behaviors of a Group of Middle Aged Men in K-Ku, Incheon City (인천시 중장년층 남성의 건강증진 행위)

  • Hwang, Seung-Sook;Park, Jeong-Mo;Lee, Hwa-In;Kim, Eun-Joo
    • Research in Community and Public Health Nursing
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    • v.15 no.3
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    • pp.408-418
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    • 2004
  • This study aims to provide useful basic materials for planning the Health Improvement Program and Policy for men aged 20 40. This study investigated 889 subjects, and at each corresponding age, who were collected among the trainers at the Civil Defense Training Institute in K-ku, Incheon City. The data collection period lasted from April to July of 2003. I revised and complemented the measurement tool for the Health Improvement Life Style developed by Jung Eun-Kyung. For analysis of the acquired data. I used SPSS11.0 program. The study shows that the Health Improvement Action of a group of middle aged men averaged 2.80, and 0.44 point out of 5. According to the results found during the analysis of the generic characters of differences in behaviors of Health Improvement. It was revealed that there were significant differences in age, regular exercise and health interest, stress management, self-concept as well as degrees of interest in health, and education level. According to monthly income levels, regular exercise and degrees of self-concept degrees were significantly different from each other. According to marital status. balanced diet and regular exercise were related to each other. According to religion, balanced diet, stress management degree, self concept degree, and degrees of interest in health, significant differences were shown. Based on the earlier mentioned results, we should pay attention to act more, rather than merely recognize the development of the health improvement program of our regional community. Also, it is necessary to find out the cause, which lowers men's interest in health.

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Recycling Phosphogypsum as Dredged Material (준설매립재로 인산석고 활용 연구)

  • Lee, Yong-Soo;Kim, Jung-Ho;Chung, Hyung-Sik;Chung, Ha-Ik
    • Journal of the Korean GEO-environmental Society
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    • v.4 no.4
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    • pp.53-59
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    • 2003
  • Phosphogypsum is a by-product resulting from the phosphoric acid process for manufacturing fertilizers. It consists mainly of $CaSO_4{\cdot}2H_2O$ and contains some impurities such as $P_2O_5$, $F^-$, and organic substances. Recycling research of phosphogypsum is very limited to a field of study, especially, civil engineering. This study describes an application of phosphogypsum as dredged materials. For this purpose, experiments are performed to evaluate the physicochemical properties and environmental characteristics of dredged clay with phosphogypsum ; sedimentation test, pH, and leaching test. The result of this study are as follows : the settling velocity is increased due to the activity of phosphogypsum. And leaching and radioactive test results are far below than those of regulatory requirement of Waste Management Act in Korea. Therefore phosphogypsum can be used as dredged materials in reclamation.

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A Development of Condition Evaluation Standard Considering Structural Characteristic for Members of LNG Outer Storage Tanks (LNG 외조 저장탱크의 구조적 특성을 고려한 상태평가 기준 개발)

  • Choi, Kyoung-Jae;Seo, Chang-Joo;Kim, Young-Gu;Jo, Young-Do;Kim, Jung-Hoon
    • Journal of the Korean Institute of Gas
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    • v.21 no.5
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    • pp.64-69
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    • 2017
  • South Korea is the world's second-largest importer of LNG and possess about 70 tanks which are in operation by 2017. Thirty years as the design warranty period have exceeded since LNG storage tanks as the core facility of LNG industry were constructed in 1986. The LNG storage tank is under precision safety diagnosis from 2014 due to urban gas business act amendment. There is no criteria of condition evaluation for outer tank of LNG storage tank at the time of precision safety diagnosis. Through analysis of structural characteristic of LNG storage tank and civil structure condition evaluation standards, the criteria of condition evaluation for main members was developed. The criteria of objective condition evaluation can improve safety and reliability of LNG storage tank and suggest matenance criteria.

Soil arching analysis in embankments on soft clays reinforced by stone columns

  • Fattah, Mohammed Y.;Zabar, Bushra S.;Hassan, Hanan A.
    • Structural Engineering and Mechanics
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    • v.56 no.4
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    • pp.507-534
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    • 2015
  • The present work investigates the behavior of the embankment models resting on soft soil reinforced with ordinary and stone columns encased with geogrid. Model tests were performed with different spacing distances between stone columns and two lengths to diameter ratios (L/d) of the stone columns, in addition to different embankment heights. A total number of 42 model tests were carried out on a soil with undrianed shear strength $${\sim_\sim}10kPa$$. The models consist of stone columns embankment at s/d equal to 2.5, 3 and 4 with L/d ratio equal 5 and 8. Three embankment heights; 200 mm, 250 mm and 300 mm were tested for both tests of ordinary (OSC) and geogrid encased stone columns (ESC). Three earth pressure cells were used to measure directly the vertical effective stress on column at the top of the middle stone column under the center line of embankment and on the edge stone column for all models while the third cell was placed at the base of embankment between two columns to measure the vertical effective stress in soft soil directly. The performance of stone columns embankments relies upon the ability of the granular embankment material to arch over the 'gaps' between the stone columns spacing. The results showed that the ratio of the embankment height to the clear spacing between columns (h/s-d) is a key parameter. It is found that (h/s-d)<1.2 and 1.4 for OSC and ESC, respectively; (h is the embankment height, s is the spacing between columns and d is the diameter of stone columns), no effect of arching is pronounced, the settlement at the surface of the embankment is very large, and the stress acting on the subsoil is virtually unmodified from the nominal overburden stress. When $(h/s-d){\geq}2.2$ for OSC and ESC respectively, full arching will occur and minimum stress on subsoil between stone columns will act, so the range of critical embankment height will be 1.2 (h/sd) to 2.2 (h/s-d) for both OSC and ESC models.

EU Water Framework Directive-River Basin Management Planning in Ireland

  • Earle, R.;Almeida, G.
    • Environmental Engineering Research
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    • v.15 no.2
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    • pp.105-109
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    • 2010
  • The European Union (EU) Water Framework Directive (WFD) (2000/60/EC) was transposed into Irish law by Statutory Instrument Nos. 722 of 2003, 413 of 2005 and 218 of 2009, which set out a new strategy and process to protect and enhance Ireland's water resources and water-dependent ecosystems. The Directive requires a novel, holistic, integrated, and iterative process to address Ireland's natural waters based on a series of six-year planning cycles. Key success factors in implementing the Directive include an in-depth and balanced treatment of the ecological, economic, institutional and cultural aspects of river basin management planning. Introducing this visionary discipline for the management of sustainable water resources requires a solemn commitment to a new mindset and an overarching monitoring and management regime which hitherto has never been attempted in Ireland. The WFD must be implemented in conjunction with a myriad of complimentary directives and associated legislation, addressing such key related topics as flood/drought management, biodiversity protection, land use planning, and water/wastewater and diffuse pollution engineering and regulation. The critical steps identified for river basin management planning under the WFD include: 1) characterization and classification of water bodies (i.e., how healthy are Irish waters?), 2) definition of significant water pressures (e.g., agriculture, forestry, septic tanks), 3) enhancement of measures for designated protected areas, 4) establishment of objectives for all surface and ground waters, and 5) integrating these critical steps into a comprehensive and coherent river basin management plan and associated programme of measures. A parallel WFD implementation programme critically depends on an effective environmental management system (EMS) approach with a plan-do-check-act cycle applied to each of the evolving six-year plans. The proactive involvement of stakeholders and the general public is a key element of this EMS approach.

An Overview of the Developments of ICANN Internet Governance and Some Recommendations for Korea (ICANN의 진화과정 고찰을 통해 본 한국 인터넷주소 거버넌스의 개선방향)

  • Chung, Chan-Mo
    • Informatization Policy
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    • v.19 no.3
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    • pp.36-49
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    • 2012
  • Internet Corporation for Assigned Names and Numbers (ICANN) is the body which manages the allocation and registration of global Internet IP addresses and domain names. As a gesture to overcome the dependency on the U.S. government, ICANN and the U.S. Department of Commerce jointly made the Affirmation of Commitment in which they submitted the workings of ICANN to the supervision of a council of Internet experts. Accountability and Transparency Review Team (ATRT) is one of four teams created for this purpose. In December 2010, ATRT made 27 recommendations, which were subsequently approved by the ICANN Board. These reform efforts of ICANN provide significant implications for the future of Korean Internet governance. Korea should enhance the compatibility of its domestic decision making process related to Internet addresses with the private sector driven, bottom-up process of global Internet governance. In order to increase the involvement of private sector and civil society, it is recommended for Korea to formalize the mechanism for bottom-up process. Insertion of a new provision concerning a bottom-up process into the Internet Addresses Act should be considered.

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An Experimental Study on the Effect of Vegetation Roots on Slope Stability of Hillside Slopes (뿌리의 강도가 자연사면 안정에 미치는 영향에 관한 실험연구)

  • Lee, In-Mo;Seong, Sang-Gyu;Im, Chung-Mo
    • Geotechnical Engineering
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    • v.7 no.2
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    • pp.51-66
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    • 1991
  • In the stability analysis of hillside slopes, the roots of vegetation have been considered to act as a soil reinforcement. In order to predict the amount of increase in soil shear resistance, produced by tensile strength of roots that intersect a potential slip surface in hillside slopes, new soil -root interaction models are proposed in this paper. For this purpose, firstly, laboratary teats and in-situ tests wert performed on soil-root systems, and experimental results were compared with a couple of soil-root interaction models which had been proposed by Gray, Waldron, and Wu etc. Based on this comparison, a new soil-root interaction model is proposed. Secondly, a probabilistic soil-root model is proposed based on statistical analysis considering random nature of root distribution, root characteristics, and soil-root interactions. Finally, to examine the effect of this root reinforcement system on stability of hillside slopes, a simple three-dimensional stability analysis was performed, and it was shown that root reinforcement had a significant stabilizing influence on shallow slips rather than deep slips in hillside slopes.

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