• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.223-243
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• 1989

The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.3-26
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• 2010

The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.137-172
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• 2008

The earliest safety data programs, the FDR and CVR, were electronic reporting systems that generate data "automatically." The FDR program, originally instituted in 1958, had no publicly available restrictions for protections against sanctions by the FAA or an airline, although there are agreements and union contracts forbidding the use of FDR data for FAA enforcement actions. This FDR program still has the least formalized protections. With the advent of the CVR program in 1966, the precursor to the current FAR 91.25 was already in place, having been promulgated in 1964. It stated that the FAA would not use CVR data for enforcement actions. In 1982, Congress began restricting the disclosure of the CVR tape and transcripts. Congress added further clarification of the availability of discovery in civil litigation in 1994. Thus, the CVR data have more definitive protections in place than do FDR data. The ASRS was the first non-automatic reporting system; and built into its original design in 1975 was a promise of limited protection from enforcement sanctions. That promise was further codified in an FAR in 1979. As with the CVR, from its inception, the ASRS had some protections built in for the person who might have had a safety problem. However, the program did not (and to this day does not) explicitly deal with issues of use by airlines, litigants, or the public media, although it appears that airlines will either take a non-punitive stance if an ASRS report is filed, or the airline may ignore the fact that it has been filed at all. The FAA worked with several U.S. airlines in the early 1990s on developing ASAP programs, and the FAA issued an Advisory Circular about the program in 1997. From its inception, the ASAP program contained some FAA enforcement protections and company discipline protections, although some protection against litigation disclosure and public disclosure was not added until 2003, when FAA Order 8000.82 was promulgated, placing the program under the protections of FAR 193, which had been added in 2001. The FOQA program, when it was first instituted through a demonstration program in 1995, did not contain protections against sanctions. Now, however, the FAA cannot take enforcement action based on FOQA safety data, and an airline is limited to "corrective action" under the program. Union contracts can exclude FOQA from the realm of disciplinary action, although airline practice may be for airlines to require retraining if there is no contract in place forbidding it. The data is protected against disclosure for litigation and public media purposes by FAA Order 8000.81, issued in 2003, which placed FOQA under the protections of FAR 193. The figure on the next page shows when each program began, and when each statute, regulation, or order became effective for that program.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.33-66
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• 2017

The Korean government enacted the Chapter 6 as of Air Transportation to the Korean Commercial Act, which was enforced in 2011, in order to treat some arguments occurred from air transportation Contracts since air transportations has rapidly increased in Korea. Air transportations has been used more in the field of international market than in the field of domestic market under it's own characteristic. Therefore, many international agreements and protocols related to the air transportations has been appeared from old times and the 1999 Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") is one of them. The Montreal Convention was adopted in May 28, 1999 at International Conference of Air Law hosted by the International Civil Aviation Organization ("ICAO") in Montreal, Canada where the Headquarter of ICAO is located. The Montreal Convention has been effected from September 5, 2003 and the Korean government ratified the convention in 2007. Therefore, the Montreal Convention came in to force in Korea since 2007. This year, 2017, is the 10th anniversary year since the Montreal Convention has taken effect in Korea. However, there are rare cases that argued the Montreal Convention's scope of application and this Article examines the Korean Supreme Court's case that argued the Convention's scope of application. Thus the Article basically analyzes the case from the perspective of the Montreal Convention's scope of application and examines the Montreal Convention's articles related to the air carrier's liability and extent of compensation for damage that occurred from the international carriage by air. Also this Article analyzes the Korean Commercial Act Chapter 6, which regulated the air carrier's liability and the Article tries to make a comparison between the Montreal Convention and the Korean Commercial Act in order to draw some scheme for the betterment of Korean Commercial Act. It is the hope that the Article contribute to the improvement of Korean Commercial Act through the comparison with the chance of the 10th Anniversary of the Montreal Convention in Korea.

• Geophysics and Geophysical Exploration
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• v.5 no.4
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• pp.280-290
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• 2002

Three-dimensional (3-D) electromagnetic (EM) modeling algorithm has been developed using finite element method (FEM) to acquire more efficient interpretation techniques of EM data. When FEM based on nodal elements is applied to EM problem, spurious solutions, so called 'vector parasite', are occurred due to the discontinuity of normal electric fields and may lead the completely erroneous results. Among the methods curing the spurious problem, this study adopts vector element of which basis function has the amplitude and direction. To reduce computational cost and required core memory, complex bi-conjugate gradient (CBCG) method is applied to solving complex symmetric matrix of FEM and point Jacobi method is used to accelerate convergence rate. To verify the developed 3-D EM modeling algorithm, its electric and magnetic field for a layered-earth model are compared with those of layered-earth solution. As we expected, the vector based FEM developed in this study does not cause ny vector parasite problem, while conventional nodal based FEM causes lots of errors due to the discontinuity of field variables. For testing the applicability to high frequencies 100 MHz is used as an operating frequency for the layer structure. Modeled fields calculated from developed code are also well matched with the layered-earth ones for a model with dielectric anomaly as well as conductive anomaly. In a vertical electric dipole source case, however, the discontinuity of field variables causes the conventional nodal based FEM to include a lot of errors due to the vector parasite. Even for the case, the vector based FEM gave almost the same results as the layered-earth solution. The magnetic fields induced by a dielectric anomaly at high frequencies show unique behaviors different from those by a conductive anomaly. Since our 3-D EM modeling code can reflect the effect from a dielectric anomaly as well as a conductive anomaly, it may be a groundwork not only to apply high frequency EM method to the field survey but also to analyze the fold data obtained by high frequency EM method.

• Korean Journal of Environmental Biology
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• v.25 no.2
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• pp.168-177
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• 2007

By using DEM and digital actual vegetation map with MGE GIS software program, topographic features (altitude, slope, latitude, etc.) quantitatively were analysed and their data integrated as the index of climatic conditions (WI, CI, air temperature, etc.) in South Korea. Warmth Index (WI) decreases $5.27^{\circ}C{\cdot}month$ with latitudinal $1^{\circ} degree, and $3.41^{\circ}C{\cdot}month$ with attitudinal 100 m increase. The relationship between CI and WI values is expressed as a linear regression, $WI=116.01+0.96{\times}CI,\;R^2=0.996$. The distributional peaks of different plant communities along Warmth Index gradient showed the sequence of Abies nephrolepis, Taxus cuspidata, Abies koreana, Quercus mongolica, Carpinus laxiflora, Q. dentata, C. tschonoskii, Q. serrate, Pinus densiflora, Q. aliena, Q. variabilis, Q. acutissima, P. thunbergii, Q. acute, Castanopsis cuspidata var. sieboldii, Camellia japonica, Machilus thunbergii community from lower to higher values. The Quercus mongolica forest occurred frequently on E-NW and SE slope aspect within WI $70{\sim}80^{\circ}C{\cdot}month$ optimal range at mesic sites, NW and SE slope than xeric sites S and SW slope. The Q. serrata forest showed the most distributional frequency in NW and W slope aspect within WI $90{\sim}100^{\circ}C{\cdot}month$ range, Q. variabilis and Q. acutissima forest showed the high frequency of distribution in SE slope in WI $95{\sim}100^{\circ}C{\cdot}month$ range. By the slope gradient analysis, five groups were found: 1. Abies nephrolepis, Machilus thunbergii, 2. Taxus cuspidata, Abies koreana, Quercus mongolica, Q. dentata, Q. serrata, Q. variabilis, Castanopsis cuspidata var. sieboldii 3. Pinus densiflora, Q. aliena, Q. acutissima, P. thunbergii, Q. acuta 4. Carpinus laxiflora, Camellia japonica 5. C. tschonoskii from steep slope to gentle slope sequence.

• Analytical Science and Technology
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• v.17 no.6
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• pp.496-513
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• 2004

This study was carried out to evaluate the performance of sampling and analytical methodology used for the measurement of toxic volatile organic compounds (VOCs) in the ambient air. VOCs were determined by the adsorbent tube sampling and automatic thermal desorption coupled with GC/MSD analysis. Target analytes were 33 compounds including major aromatic compounds such as BTEX, and halogenated compounds. The methodology was investigated with a wide range of different adsorbents which are commercially available and have been frequently adopted for the VOC measurement. A total of 10 adsorbents were tested in this study: 6 carbon-based adsorbents such as Carbotrap, Carbopack B, Carbosieve S-III, Carboxen 1000, Carbotrap C, Activated Charcoal; and 4 polymer-based adsorbents including Tenax, Porapak Q, Chromosorb 102, and Chromosorb 106. The sampling performance was evaluated with respect to the sampling capacity of VOCs with single-adsorbent and multiple-adsorbents methods for standard samples and field samples. As a result, the best adsorbents for single-adsorbent method in the sampling of toxic organic compounds (including benzene, toluene, xylenes etc.) appeared to be Carbotrap, Carbopack B and Tenax TA. On the other hand, Chromosorb 102, Chromosorb 106 and Porapak Q were found to be unsuitable adsorbents for VOC measurement based on thermal desorption method. Multi-adsorbent packings were evaluated with 4 carbon-based adsorbents, which classified by 3 combination sets of double adsorbents and 2 combination sets of triple adsorbents. The results indicated that the most suitable combination for toixc VOC measurements is Carbotrap C with Carbotrap. Multi-sorbents tubes packed with a strong adsorbent such as Carbosieve S-III or Carboxen 1000 were found to be relatively unsuitable for several compounds, not only owing to the effect of migration of adsorbed compounds from weaker adsorbent to stronger adsorbent, but to hydrophobic nature of the adsorbents. Therefore, it should be addressed that selection of a proper adsorbent (or combination of multi sorbents) is extremely important to obtain reliable data for the concentrations of toxic VOCs in indoor and outdoor environments.

• Journal of Wetlands Research
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• v.23 no.4
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• pp.327-341
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• 2021

The riparian eco-belt is an efficient technique that can reduce non-point pollution sources in the basin and improve ecological connectivity and health. In Korea, a legal system for the construction and management of riparian eco-belts is in operation. However, it is currently excluded that rivers and floodplains in dam reservoir that are advantageous for buffer functions such as control of non-point pollutants and ecological habitats. Accordingly, this study presented and analyzed a plan to select a site for an integrated riparian ecol-belt that comprehensively evaluates the water quality and ecosystem characteristics of each dam floodplain and riparian zone for the Daecheong Dam basin in Geum River watershed. First, the Daecheong Dam basin was divided into 138 sub-basin with GIS, and the riparian zone adjacent to the dam floodplain was analyzed. Sixteen evaluation factors related to the ecosystem and water quality impact that affect the selection of integrated riparian eco-belt were decided, and weights for the importance of each factor were set through AHP analysis. The priority of site suitability was derived by conducting an integrated evaluation by applying weights to sub-basin by floodplains and riparian zone factors. In order to determine whether the sites derived through GIS site analysis are sutiable for actual implementation, five sites were inspected according to three factors: land use, pollution sources, and ecological connectivity. As a result, it was confirmed that all sites were appropriate to apply integrated riparian ecol-belt. It is judged that the riparian eco-belt site analysis technique proposed through this study can be applied as a useful tool when establishing an integrated riparian zone management policy in the future. However, it might be necessary to experiment various evaluation factors and weights for each item according to the characteristics and issues of each dam. Additional research need to be conducted on elaborated conservation and restoration strategies considering the Green-Blue Network aspect, evaluation of ecosystem services, and interconnection between related laws and policy and its improvements.

• Ecology and Resilient Infrastructure
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• v.8 no.4
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• pp.223-232
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• 2021

In general, stormwater flows to the road surface, especially in urban areas, and it is discharged through the drainage grate inlets on roads. The appropriate evaluation of the road drainage capacity is essential not only in the design of roads and inlets but also in the design of sewer systems. However, the method of road surface flow analysis that reflects the topographical and hydraulic conditions might not be fully developed. Therefore, the enhanced method of road surface flow analysis should be presented by investigating the existing analysis method such as the flow analysis module (uniform; varied) and the flow travel time (critical; fixed). In this study, the algorithm based on varied and uniform flow analysis was developed to analyze the flow pattern of road surface. The numerical analysis applied the uniform and varied flow analysis module and travel time as parameters were conducted to estimate the characteristics of rainfall-runoff in various road conditions using the developed algorithm. The width of the road (two-lane (6 m)) and the slope of the road (longitudinal slope of road 1 - 10%, transverse slope of road 2%, and transverse slope of gutter 2 - 10%) was considered. In addition, the flow of the road surface is collected from the gutter along the road slope and drained through the gutter in the downstream part, and the width of the gutter was selected to be 0.5 m. The simulation results were revealed that the runoff characteristics were affected by the road slope conditions, and it was found that the varied flow analysis module adequately reflected the gutter flow which is changed along the downstream caused by collecting of road surface flow at the gutter. The varied flow analysis module simulated 11.80% longer flow travel time on average (max. 23.66%) and 4.73% larger total road surface discharge on average (max. 9.50%) than the uniform flow analysis module. In order to accurately estimate the amount of runoff from the road, it was appropriate to perform flow analysis by applying the critical duration and the varied flow analysis module. The developed algorithm was expected to be able to be used in the design of road drainage because it was accurately simulated the runoff characteristics on the road surface.