• Journal of the Korean Society of Safety
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• v.31 no.4
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• pp.150-155
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• 2016

This study is to suggest legislation and criteria for public service drones for disaster safety in order to enhance the research and development of the drones by helping setting right direction of the R&D. Many foreign governments are now conducting research and development on using drones as public service for disaster safety. Although there are also some efforts to using drones for public service in Korea, domestic laws and performance criteria for the drones for the purpose have not prepared yet. To set a right direction of the R&D, the laws and criteria shall be legislated and established immediately and then we can enhance the efforts to develop related technology for the drone. So this study proposed a performance criteria to fit various circumstances and situations by analyzing the aviation law in overseas. We hope this study can help R&D on the public service drones for disaster safety.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.131-155
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• 2011

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• Korea Trade Review
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• v.46 no.5
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• pp.49-63
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• 2021

The HS Convention is an agreement on the harmonized commodity description and coding system enacted by the World Customs Organization in January 1988 to promote international trade and unify the commodity classification systems internationally, and the seventh revision will take effect in January 2022. This study's main purpose is to consider criteria for classifying unmanned autonomous transport systems(UATS) in accordance with Section 17 of the HS nomenclature and to present recommendations for improvement of laws related to tariff classification which may be used to amend related laws in Korea. Currently, there are no provisions within the HS Nomenclature that classify unmanned autonomous transportation systems and equipments. Although such technologies have yet to be commercially deployed, they are being actively developed globally. Thus, this study aims to classify UATS and suggest appropriate amendments to the new edition of the HS Nomenclature and Korean law. This paper examines advance ruling cases from domestic and foreign HS classification under the revision of the HS Convention and the criteria for the classification of UATS and Domestic Korean and foreign classification case studies were investigated, along with a survey of the literature on UATS, in order to derive reasonable tariff classification criteria and present legislative implications. In conclusion, this study aims to provide legislative recommendations for how to improve the system to apply the revisions to the HS Convention to the domestic Korean statutes.

• Journal of Aerospace System Engineering
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• v.1 no.3
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• pp.21-25
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• 2007

This is a study on the establishment of airworthiness certification system fitted for korean military aircraft acquisition and export. Based on the investigation of US civil & military airworthiness system and analysis of the real state of domestic military aircraft acquisition, this paper offers some ideas that can be helpful to establish laws and organizations to certify airworthiness. Particularly this paper suggests that the best way to build airworthiness certification laws/guidelines and technical criteria, the optimal organizational structure which is decentralized by dividing administrative certification authority and technical research center.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.179-199
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• 2016

There is legal relation between both parties after contract formation. The parties are liable for performing each duties but a party is not liable for a failure to perform the duties if party proves that the failure was due to the force majeure. The forec majeure has different concepts and legal principles such as change circumstance, hardship, frustration, impediment and so on. Therefore, it need to analyze a historical background and their presence in various domestic legal systems. Although the CISG describes Art. 79 impediment instead of using the force majeure, the impediment has several interpretative limitation. The CISG pursue to harmonize divergent legal concepts and principles from various national laws and legal systems but the harmonization of legal systems make the impediment more confused. The article goes on to analyzes about limitation of the impediment and reviews to examine the force majeure and hardship in PICC. Thus both parties of international contract insert hardship clause in order to prevent the problem of judgment in a court or a court of arbitration under impediment of CISG.

• Journal of Environmental Impact Assessment
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• v.22 no.6
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• pp.659-665
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• 2013

Most of dredged soil generating millions of tons per year is treated as a waste disposing in ocean or landfill except some part of recycling. The purpose of this study is to present the prerequisite for the use of dredged soil as a resource and analyse economic and environmental values of the recycling of dredged soil. The analysis of the economic and environmental value of recycling of dredged soil as a resource showed that several trillion won of budget can be saved in construction of disposal area or landfill and that loss of about 50 million tons of aggregates from deforestation can be restored by supplyment of dredged soil preserving a mountain as big as the Namsan(Mt.) every year. In order to utilize dredged soil in more diverse areas as high value of resource, the related domestic laws are needed to be readjusted integrating laws spreaded in different government departments and a special law is prepared and enacted.

• Proceedings of the Korea Information Processing Society Conference
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• 2015.04a
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• pp.449-451
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• 2015

When cyber attacks are discovered in nuclear facilities, licensees are required to notify regulatory organizations for quick action. This also helps regulatory organizations to strengthen regulatory capabilities for cyber security. Currently the U.S. issued the final draft rule for Cyber Security Event Notifications. Domestic regulatory activities being at an early stage for cyber security need to implement law for Cyber Security Event Notifications. Since the current laws are focused on the aspect of safety, they are in need of more specific laws for cyber security.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2023.05a
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• pp.375-376
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• 2023

In this study, the legal and institutional status of construction supervising and construction inspector was identified. As a result of examining the definitions of construction supervision terms, focusing on domestic construction-related laws, it was found that there were no consistency between each laws regarding 'terminology' and 'definitions'. In addition, the scope of construction inspector's work continues to expand through the delegation provisions to lower statutes, however, responsibility, authority, and inspection cost are not taken into account properly. In addition in order to introduce digital technology to the smart construction site, which is currently active under way, it is judged that the law and institutional contents need to be improved further.

• Journal of the Korean Association of Geographic Information Studies
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• v.20 no.1
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• pp.127-136
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• 2017

U-City laws are divided into three categories: intellectual laws, information superhighway laws, and integrated operation center laws. Previous studies have suggested that efficient infrastructure operation and management is necessary in Ubiquitous-City (U-City). However, infrastructure is often interpreted differently by different laws. The purpose of this study was to plan for the integrated operation of intelligent service facilities by comprehensively analyzing the law system of domestic intelligent service facilities and problems in operation and management based on this critical mind. For this, present conditions and problems of intelligent service facilities were found through interviews with people who are in charge of the law system and other practitioners. The necessity of integrated use, including city information generated from intelligent service facilities and installment locations, has been demonstrated. Government ministries and local governments have established various information systems using ICT and U-City laws that specify integrated management and operation, but do not clearly specify definitions for the specific responsibility and authority for main agents participating in facility operation. A system is needed to smoothly mediate the relevant divisions so that they can use installed equipment simultaneously for efficient operation in generating city information. This objective of this study was to prepare a unitary law system for efficient installment and management of intelligent service facilities by establishing a logically linked relationship among the relevant laws and regulations. This will provide a foundation for a management system that has an integrated linkage of intelligent service facilities.