• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.177-200
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• 2017

This writer have thus far reviewed the civil and criminal obligations of the directors of a parent company that sponsored financially troubled affiliates. What was discussed here applies to logistics companies in the same manner. Hanjin Shipping cannot expect its parent company, Korean Air to prop it up financially. If such financial aid is offered without any collateral, under Korean criminal law, the directors of the parent company bears the burden of civil and criminal responsibility. One way to get around this is to secure fairness in terms of the process and the content of aid. Fairness in terms of process refers to the board of directors making public all information and approving such aid. Fairness in terms of content refers to impartial transactions that block out any possibilities of the chairman of the corporate group acting in his private interest. In the case of Korean Air bailing out Hanjin, the meeting of board of directors were held five times and a thorough review was conducted on the risks involved in the loans being repaid or not. After the review, measures to guard against undesirable scenarios were established before finally deciding on bailing out Hanjin. As such, there are no issues. In terms of the fairness of content, too, there were practically no room for the majority shareholder or controlling shareholder to pocket profits at the expense of the company. This is because the continued aid offered to a financially troubled company (i.e. Hanjin Shipping) was a posing a burden to even the controlling shareholder. This writer argues that the concept of the interest of the entire corporate group needs to be recognized. That is, it must be recognized that the relationship of control and being controlled between parent company and affiliate company, or between affiliate companies serves a practical benefit to the ongoing concern and growth of the group and is therefore just. Moreover, the corporate group and its affiliates, as well as their directors and management must recognize that they have an obligation to prioritize the interests of the corporate group ahead of the interests of the company that they are directly associated with. As such, even if Korean Air offered a loan to Hanjin Shipping without collateral, the act cannot be treated as an offense to law, nor can the directors be accused of damages that they bear the responsibility of compensating under civil law.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• Journal of Korean Society for Atmospheric Environment
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• v.29 no.5
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• pp.601-614
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• 2013

The commercial charcoal kiln was projected the largest source of biomass burning sector in Korea. Commercial charcoal kiln was operated to emit air pollutants into the air without any air pollution prevention equipment. The object of this field survey was to understand characteristics of air pollutants concentration and emission factors and to provide preliminary data for effective processor from oak charcoal manufacturing process. As result of field survey, TSP, $PM_{10}$ and $PM_{2.5}$ concentration from charcoal kiln were 400~37,000 $mg/m^3$. These values were over the 100 $mg/m^3$ in TSP, this value was effluent quality standard of Clean Air Conservation Act. The average concentration of CO, $SO_2$ and TVOC were 2~5%. 0~110 ppm and 820~10,000 ppm respectively. The emission factors were 42.4 g-PM/kg-oak in TSP, 40.3 g-PM/kg-oak in $PM_{10}$, 38.2 g-PM/kg-oak in $PM_{2.5}$, 182.5 g-CO/kg-oak, 1.0 g-NO/kg-oak, $SO_2$ 0.2 g-$SO_2/kg$-oak and 104.4 g-TVOC/kg-oak. The part of commercial charcoal kiln had air pollution prevention equipment but it was difficult to work properly. Much wood tar excreted in exhaust emissions from oak charcoal manufacturing process. This wood tar was cause of many troubles sticking in the air pollutant prevention equipment. For handling particulate matters and gaseous air pollutants from oak charcoal manufacturing process in biomass burning, air pollutant prevention equipment design and management needs preprocessor for removal wood tar.

• Journal of Korean Tunnelling and Underground Space Association
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• v.19 no.1
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• pp.11-27
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• 2017

The road network system of major domestic urban areas such as city of Seoul was rapidly developed and regionally expanded. In addition, many kinds of life-lines such as electrical cables, telephone cables, water&sewerage lines, heat&cold conduits and gas lines were needed in order for urban residents to live comfortably. Therefore, most of the life-lines were individually buried in underground and individually managed. The utility tunnel is defined as the urban planning facilities for commonly installing life-lines in the National Land Planning Act. Expectation effectiveness of urban utility tunnels is reducing repeated excavation of roads, improvement of urban landscape; road pavement durability; driving performance and traffic flow. It can also be expected that ensuring disaster safety for earthquakes and sinkholes, smart-grind and electric vehicle supply, rapid response to changes in future living environment and etc. Therefore, necessity of urban utility tunnels has recently increased. However, all of the constructed utility tunnels are cut-and-cover tunnels domestically, which is included in development of new-town areas. Since urban areas can not accommodate all buried life-lines, it is necessary to study the feasibility assessment system for utility tunnel by urban patterns and capacity optimization for urban utility tunnels. In this study, we break away from the new-town utility tunnels and suggest a quantitative assessment model based on the evaluation index for urban areas. In addition, we also develop a program that can implement a quantitative evaluation system by subdividing the feasibility assessment system of urban patterns. Ultimately, this study can contribute to be activated the urban utility tunnel.

• Journal of Cadastre & Land InformatiX
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• v.44 no.1
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• pp.17-35
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• 2014

There is no provision regarding the 'litigation on land boundary' under the Korean laws. Therefore, there are disputes in theory with respect to its nature, requirements for litigation, criteria for determination, etc., and it is necessary to establish the provisions of the law on this issue in the future. For this legislation, it is necessary to conduct a comparative consideration on laws of other countries which have completed the relevant provisions. This study, as a first step, researches a history of litigation for determination of boundary under the Roman law and medieval law, and furthermore introduces the German law which has relatively completed legal provisions on litigation for determination of boundary. In addition to common ownership litigation, the German law has established a provision on litigation for boundary as a judicial procedure considering a special place, called as a dispute on ownership of adjacent land, on the assumption that it is difficult or impossible to prove the boundary. The primary purpose of this litigation is to clarify a true boundary, and if such clarification is impossible, a boundary is discretionally created in accordance with the statutory standards under Article 920 of the German Civil Act (BGB). It means creation of the scope of land ownership by operation of decision, not only by the 'discovery of original boundary'. Both cases are different from each other in the aspect of judicial decision, but embracing them into one is a lawsuit for determination of boundary under the German law. Under the Korean legislation, it is necessary to make a theory containing two different criteria for determination into a single type of litigation, considering such aspects.

• Journal of the Korea Institute of Building Construction
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• v.17 no.2
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• pp.191-197
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• 2017

The safety nature of construction industry differs from that of manufacturing sector. For instance, accident risk level dramatically varies at each phase of construction process. Korean Occupational and Health Safety Act has been regulated OHS expense and it contributed reducing accident risk and enhancing safety culture for many years. However, although current regulation guides to use OHS expense proportionate to construction progress, it still allows late use of the expense. This study was conducted for the purpose of presenting methods of estimating a step-by-step OHS expense rate required at each construction phase. In order to do provide proper OHS expense schedule, it analysed accident risk of each construction phase by sorting out 1439 cases of construction site fatality reports, and proposed a method of generating appropriate OHS expense scheme according to its construction work progress characteristics. Both linear and sigmoidal S-curve model were used for the analysis, and the latter generally requires earlier use of OHS expense. By comparing the estimated OHS expense use schedule with current criteria, more than 27%p early use of OHS expense is required for the prevention of accident.

• Journal of the Korean GEO-environmental Society
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• v.15 no.12
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• pp.25-34
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• 2014

The objective of this study was to investigate the removal characteristics and the elimination mechanism of heavy metals in Acid Mine Drainage (AMD) using spherical-type porous Zeolite-StarFish ceramics (porous ZSF ceramics) packed in a continuous column reactor system. The average removal efficiencies of heavy metals in AMD were Al 98.7, As 98.7, Cd 96.0, Cu 89.1, Fe 99.5, Mn 94.4, Pb 96.3 and Zn 80.8 % during 110 days of operation time. The average removal capacity of porous ZSF ceramics for heavy metals were measured to be Al 21.76, As 1.52, Cd 1.27, Cu 3.41, Fe 44.83, Mn 3.48, Pb 2.36 and Zn $3.76mg/kg{\cdot}day$. The analysis results of mechanism using SEM, EDS and XRD exhibited that the porous ZSF ceramics could act as a multi-functional ceramics for the removal of heavy metals in AMD through the reactions of precipitation, adsorption and ion-exchange. The experimental results of column reactor system displayed that the porous ZSF ceramics would be a consistently efficient agent for the removal of heavy metals in AMD for a long term.

• Journal of the Korean GEO-environmental Society
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• v.15 no.12
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• pp.15-24
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• 2014

This study was performed to investigate the removal characteristics of heavy metals in Acid Mine Drainage (AMD) using pellet-type Zeolite-StarFish ceramics (ZSF ceramics), in which natural zeolite and starfish were mixed and calcined with wood flour. Kinetic experiment showed the removal reaction of heavy metals by ZSF ceramics reached the equilibrium status within 3 hours. The optimal calcination temperature range for removal of heavy metals was measured to be $800{\sim}1,000^{\circ}C$. The calcination time had little effect on the removal of heavy metal in AMD. The adequate dose of ceramics was shown to be 1.0~1.2 % for removal of heavy metals in AMD. High removal efficiencies of heavy metals (Al, As, Cd, Cu, Fe, Mn, Zn) in AMD, more than 95 % except for Pb, were obtained under the condition of dose of ceramics more than 1.0 %. The removal efficiencies of heavy metals increased with increasing mixing concentration of wood flour. The adequate mixing concentration of wood flour was observed to be 10 %. The batch experimental results exhibited that the ZSF ceramics could act as an efficient ceramics for removal of heavy metals in AMD and the wood flour could provide porous ZSF ceramics with enhanced removal efficiency of heavy metals.

• Journal of Korean Society for Atmospheric Environment
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• v.23 no.2
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• pp.225-241
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• 2007

A closed flux chamber system was used for measuring major greenhouse gas (GHG) emission from tideland and/or wetland soils in estuarine area at Saemankum, Kunsan in southwestern Korea during from months of February to June 2006. Hourly averaged GHG soil emissions were measured two to three times a day during the ebb tide hours only. Site soils were analyzed for soil parameters (temperature, pH, total organic contents, N and C contents in soil) in the laboratory. Soil GHG fluxes were calculated based on the GHG concentration rate of change measured inside a closed chamber The analysis of GHG was conducted by using a Gas Chromatography (equipped with ECD/FID) at laboratory. Changes of daily, monthly GHGs' fluxes were examined. The relationships between the GHG emissions and soil chemical contents were also scrutinized with respect to gas production and consumption mechanism in the soil. Soil pH was pH $7.47{\pm}0.49$ in average over the experimental period. Organic matter contents in sample soil was $6.64{\pm}4.98\;g/kg$, and it shows relatively lower contents than those in agricultural soils in Kunsan area. Resulting from the soil chemistry data, soil nitrogen contents seem to affect GHG emission from the tidal land surface. The tidal soil was found to be either source or sink for the major GHG during the experimental periods. The annual average of $CH_{4}\;and\;CO_{2}$ fluxes were $0.13{\pm}0.86\;mg\;m^{-2}h^{-1}\;and\;5.83{\pm}138.73\;mg\;m^{-2}h^{-1}$, respectively, which will be as a source of these gases. However, $N_{2}O$ emission showed in negative flux, and the value was $-0.02{\pm}0.66\;mg\;m^{-2}h^{-1}$, and it implies tidal land surface act as a sink of $N_{2}O$. Over the experimental period, the absolute values of gas fluxes increased with soil temperature in general. Averages of the ambient gas concentration were $86.8{\pm}6.\;ppm$ in $CO_{2},\;1.63{\pm}0.34\;ppm\;in\;CH_{4},\;and\;0.59{\pm}0.15\;ppm\;in\;N_{2}O$, respectively. Generally, under the presence of gas emission from agricultural soils, decrease of gas emission will be observed as increase in ambient gas concentration. We, however, could not found significant correlation between the ambient concentrations and their emissions over the experimental period. There was no GHG compensation points existed in tide flat soil.