• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.6
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• pp.689-695
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• 2015

The offshore plant crews that were commissioned in the commercial startup phase boarded the offshore plant in two shifts until the end of the project. The crews who were hired by the owner side stayed in the original offshore plant during the project. However, most of the offshore plant commissioned members who were dispatched from the shipyard were accommodated in the offshore accommodation barge. For this reason, they were exposed to many accidents since there are a lot of people staying in a small space. This study suggested a method for improving survival rate at offshore accommodation barge in terms of life safety. It is assumed that the fire accident among unfortunate events which take place in the offshore accommodation barge mainly occurred. So, this study analyzed the safety evacuation for offshore plant employees using fire simulation model based on both domestic and international law criteria. In particular, When fire occurs in the offshore accommodation barge, the periodically well trained crews are followed safety evacuation procedure. whereas many employees who have different background such as various occupations, cultural differences, races and nationality can be commissioned with improper evacuation behaviors. As a result, the risk will be greater than normal situation due to these inappropriate behaviors. Therefore, This study analyzed the Required Safe Escape Time (RSET) and Available Safe Escape Time (ASET). Also it was suggested the improvement of structure design and additional arrangement of safety equipment to improve the survival rate of the residents in offshore accommodation barge.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.26-32
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• 2014

The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

• Informatization Policy
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• v.19 no.1
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• pp.74-90
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• 2012

This thesis analyzes the Apple Inc.'s case from the viewpoint of the necessity for the protection of information privacy related to location data as for information society and ubiquitous community. Meanwhile, the regulatory conformity to equilibrium of contradictional value between personal data protection and utilization of information is debated from the fundamental right as for constitutional law concept to the commercial and technological structure in terms of economic and business point. Therefore, this paper reaches the conclusion that the legislative system should form a harmonious relationship between legal protection and lawful utilization to reappraise the present condition of legalization on personal data protection from guaranteeing rights and interests of information subject in the perspective of human rights to information guarantee consequently. As a result, it is required to revaluate the lawfulness of the fine on the violation of administrative duty levied by KCC(Korea Communications Commission).

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.217-248
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• 2018

This paper reviews the Supreme Court of Japan in Decision of December 12, 2017, 2016 (Kyo) 43 (2011) concerning arbitrator's duty of disclosure and reasonable investigation under the Japan Arbitration Act (Arbitration Act). The Supreme Court of Japan recently issued a precedential decision interpreting, for the first time, the arbitrator disclosure requirements of the Arbitration Act. Under Article 18(4) of the Arbitration Act, arbitrators have an ongoing obligation to disclose circumstances which may give rise to justifiable doubts as to their impartiality or independence. The Supreme Court held that Article 18(4) of the Arbitration Act - requiring arbitrators to disclose all "facts likely to give rise to doubts as to his/her impartiality or independence" - (1) is not satisfied by blanket disclosures or advance waivers of potential future conflicts, and (2) requires disclosure of facts both known to an arbitrator or "that can be normally ascertained by an investigation that is reasonably possible${\cdots}$" This new standard presents opportunities and challenges for enforcing arbitration awards in Japan, and suggests measures that both arbitrators and parties can use to protect their awards. Also, the Supreme Court's new standards for evaluating arbitrator conflict disclosures suggest some measures that both arbitrators and parties to arbitration in Japan can take to protect the enforceability of their awards. The key factual question posed by the Supreme Court's ruling was whether an arbitrator's conflicts check was reasonable. Maintaining records regarding a review of potential conflicts or any investigation provides a ready source of proof in case of a future challenge. The Supreme Court has spoken clearly that so-called advance waivers of potential conflicts are not effective under Japanese law. Instead, to the extent that potential conflicts arise during the course of arbitration, they should be specifically disclosed.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.1-24
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• 2009

As commercial use of genetic resources increases in modern society, calls for fair and equitable sharing of the benefits thereof have become increasingly prominent, particularly from developing countries. As a result, negotiations have been ongoing for the "International Regime on Access and Benefit Sharing (ABS)" for genetic resources as a successor to the non-binding Bonn Guideline. 2010 has been set as the target date for the Agreement. As South Korea is more likely to be a user country of genetic resources, it will be necessary for it to take part in the negotiating process and contribute to creating the International Regime on ABS, to ensure both appropriate access to genetic resources and fair and equitable sharing of the benefits arising there from. To develop appropriate response strategies for South Korea, it is critical not only to closely examine the negotiations within the framework of the CBD but also to engage in discussions within thescope of related international organizations and domestic legislation. To achieve this goal, it is imperative for South Korea to form a comprehensive Government Response System, composed of relevant governmental bodies including the Ministry of Foreign Affairs and Trade, and the Ministry of Environment, etc.

• Journal of Navigation and Port Research
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• v.38 no.5
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• pp.471-477
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• 2014

In general, a regular charterparty form is used as a charterparty for tugboats which are employed in marine construction and a bareboat charter form is generally used for barge boat charterparty. As the tug-barge charterparty which are currently used do not have a standardised form, contracting parties arbitrarily decide on the terms and conditions of the contract. As a result, provisions of the charterparty usually do not specify in the contract which party bears the burden of liability in case of accident. Furthermore, the terminologies used in the charterparty are different from legal terms of current commercial law which causes confusion. These problems can be solved mostly by clarifying the legal character of the charterparty between the contracting parties and by conforming the terminologies. In addition, endeavour to standardise the contract form must be carried forward at the same time. This research purports to study actual condition of current charterparty for tug-barge ship which are employed to marine construction and to suggest systematic improvement plan. For this purpose, this research focuses on studying cases in which dispute arose due to lack of clarity in the provisions of the contract with regard to which party bears the burden of liability in case of accident. This research also purports to suggest forming the standardised contract terms of the charterparty as one way of solution and examine matters to be attended in writing a standardised form.

• Journal of the Korean Society for Marine Environment & Energy
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• v.8 no.4
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• pp.203-212
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• 2005

Anthropogenic emissions of greenhouse gases, particularly carbon dioxide($CO_2$) which arises mainly as wastes from the fossil fuel burning processes, are causing global warming. The effects of global warming become increasingly felt all over the world including sea level rise and extreme weather. The more direct consequences of the elevated atmospheric $CO_2$ on the ocean is the acidification of the surface ocean which brings a far reaching adverse impact on the life at sea and probably on the whole ecosystem of the planet. Improvement in energy efficiency and use of alternative energy sources are being made to reduce $CO_2$ emissions. However, a rapid transition to alternatives seems unachievable within a few decades due to the constraints on the associated technology and socio-economic factors in the world, since fossil fuels make up approximately 85% of the world's commercial energy demands. It has now been recognized that capture and geological sequestration of $CO_2$ could significantly reduce its emissions from fossil fuel utilization and therefore provides the means to rapidly achieve large reductions in $CO_2$ emissions(excerpts from London Convention, LC/SG 28, 2005). In Korea, well-developed sedimentary basins are spread over the vast continental shelf and slope regions, whereas, the land is densely populated and limited in area. Consequently, the offshore area is preferred to the land for the sites for geological sequestration. The utilization of the offshore area, however, may be subject to international agreements including London Convention. In this paper, the recent trends in technologies and regulations for $CO_2$ capture and geological sequestration are described to encourage its applications in Korea.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.22 no.4
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• pp.473-482
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• 2021

The introduction of automated flight systems has greatly improved aviation safety, but aircraft pilots continue to face new challenges. The pilot's stress from an aeronautical perspective can be distinguished by the 'Startle and Surprise' responses. 'Startle' is a short, strong physiological response to sudden or threatening stimuli such as unexpected gunfire. 'Surprise' is a cognitive-emotional response to an event that goes beyond one's expectations. In Martin et al.'s (2012) Startle Effect Experiment, the pilot identified physiological responses in the 'Startle' state, including delayed response and increased heart rate. In the Rahim (2020) Startle/Surprise experiment, the pilot's breathing rate and pulse rate did not change due to pre-planned emergency training. On the other hand, it was confirmed that the pilot's respiratory and heart rate were greatly increased due to the complicated aircraft and unplanned emergencies. Based on the results of these experiments, domestic pilots need to be trained to handle non-technical and various unexpected emergencies that could arise in an aircraft, rather than be just put through courses for enhancing technical capabilities or simple repetitive training as required by aviation law.

• Cross-Cultural Studies
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• v.44
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• pp.29-58
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• 2016

'Post-memory' is the act of remembering traumatic events in history by subsequent generations who have not had direct experiences or relations with them. For this reason, the narratives of 'post-memory' are considered as re-interpretations of the past deeply influenced by current perspectives and concerns. The Chilean film NO goes back to the Referendum of 1988 in order to examine the "NO campaign" which was opposed to another eight years of continuation of the Pinochet regime. Although this campaign contributed significantly to the Chilean democratization, the filmmaker does not just celebrate it: rather he attempts to cast a critical reflection on its strategies that eventually turned democracy into a "commodity" by deploying commercial language and marketing tools for characterizing and describing it. On the other hand, the Korean movie The Attorney sheds light on the story of an attorney who, during the military regime in the 1980's, became a human rights lawyer when he tried to advocate for university students accused of violating national security law. This film reconstitutes the meaning of democracy built upon the logic of "common-sense" that privileges freedom and fundamental human rights over Statism. Despite the different historical contexts between Chile and South Korea, these two movies retell the history of a dictatorship that ended a couple of decades ago. In doing so, they raise questions about history, memory and democracy in order to deepen the understanding of current social and political circumstances while placing an emphasis on the roles and responsibilities of intellectuals during the transition to democracy and democratic consolidation.

• Ocean policy research
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• v.33 no.2
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• pp.183-204
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• 2018

Whaling has been banned in Republic of Korea after the declaration of the moratorium on the commercial whaling by the International Whaling Commission (IWC) since 1986. Korean government followed the moratorium immediately. However whale meat market has been kept by the bycaught whales and dolphins. So Korean government established a rule to control and trace whale meat in the market in 2011. The rule has some loopholes to allow illegally taken whale meat smuggle into the market. This study investigates the flaws in the current rule and recommend the way to overcome that defects. The first step is to prevent the entry of the illegal whale meat into the market. Minor change of the current law would be a solution. The next measure is to increase the sampling rate of the whale DNA that allowed to distribute in the market. The DNA database would be a powerful tools to identify illegal whale meat which is existing in the market. Korean government is operating three kind of food traceability systems. However, because of the legal limitations and the opposition of the non-governmental animal rights organizations, it is difficult to include whale meat to the existing systems. So the last step is to establish a new Traceability System with a state-of-the-art IT technology like as blockchain. The three measures mentioned above would increase the transparency in the whale meat market and prevent the entry of the illegal products.