• KSCE Journal of Civil and Environmental Engineering Research
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• v.39 no.4
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• pp.505-512
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• 2019

This study is a basic study to prepare safety measures for the tram that is being introduced into Korea by reviewing accident analysis and accident compensation system of the tram. Analysis of accident characteristics of the tram was analyzed based on overseas data. Five years after the inauguration of the tram, accidents were halved and stabilized. Deaths accounted for 0.5 % of all casualties, most accidents were minor. Accidents with other mean transportation were high 84.1 %, among them accidents with passenger cars was found to be highest. The frequent points of accidents were analyzed as intersections and tram stop, and measures for pedestrian accidents were found to be important. Those are proposed safety measures through analyzing tram accident characteristics: Monitoring accidents which occur within five years of its inauguration, developing accident database input system, installation of fences for preventing people from jaywalking, operating traffic signal for preventing people from jaywalking through connection of pedestrian signals and tram signals, clamping down on illegal U-turn cars and jaywalking pedestrian, Also, those are proposed accident treatment measures based on general driver receptively and overseas data: property damage liability coverage (PI) of car insurance, comparative negligence when the accident occurs between car and tram.

• The Journal of the Korea Contents Association
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• v.21 no.11
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• pp.490-502
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• 2021

Horticultural facility farmers subscribe to crop accident insurance and insurance products secured by horticultural facilities in preparation for possible risks in the facility. Insurance is purchased to prepare for natural disasters such as typhoons, hail, frostbite, heavy rain, and strong wind damage covered by the product. In order to find out the effect of risk perception, which is a subjective perception of the risks of a given situation, on horticultural facility farmers' intention to purchase horticultural facility insurance products, the risk perception and insurance purchase intention were analyzed. A t-test was conducted to determine the impact relationship between farm size, insurance coverage, and risk perception, and multiple regression analysis was conducted to verify the effect of personal characteristics and behavioral factors such as subjective perception, reference group, media exposure, and compensation understanding. In addition, a three-step regression analysis by Baron & Kenny was conducted to confirm the mediating role of personal characteristics and behavioral factors in the relationship between risk perception and insurance purchase intention. As a result of the study, although there was no difference in farm size, it was analyzed that policy holders had a higher degree of risk perception than non-subscribers, and that compensation understanding had the greatest influence and subjective knowledge had the smallest influence. In addition, these four factors were verified to have a mediating effect on the relationship between risk perception and insurance purchase intention. These results are expected to provide practical help to the development and marketing activities of horticultural facility insurance products.

• Journal of Environmental Impact Assessment
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• v.32 no.4
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• pp.242-250
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• 2023

The continuity of urban space is being destroyed by disorderly high-rise development caused by reckless development, and the resulting deterioration of urban landscape is emerging as a major problem. Disordered high-rise development is adversely affecting the urban environment, such as depriving residents of the basic rights of view and sunlight and privatizing the scenery that urban residents should enjoy together. In order to create a continuous urban landscape, indiscriminate high-rise development is restricted and compensation for the affected areas is needed. Various regulations have been carried out to this end, but it is difficult to overcome the pressure and damage to high-rise development by regulations alone. Accordingly, discussions have been underway to introduce a compensation system. Among them, discussions on the introduction of a 'Transfer of Development Right' (TDR) in which land ownership and development rights are separated and compensated for development rights have been drawing attention. However, in Korea, it is difficult to introduce the system due to various problems related to the separation of development rights. In order to overcome the limitations of the introduction of TDR, this paper analyzed the concepts and characteristics of 'Real Estate Investment Trusts' (REITs) and presented a policy model for the development right transfer system incorporating REITs for effective landscape management.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.18 no.6
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• pp.1-10
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• 2023

Strong Critics of' Moral Hazard, due to plummeting severely their stock price down and damage falling on plain investor, has been skyrocketed against massively and simultaneously exercising stock option right of C-Level members in Stock market listed startups right after IPO regardless of proper and legal process followed. Korean Financial Supervisory Board initiate new act of extending to apply'Lock-up Rule'even to stock option of core interest group after IPO. However, it will cause startups and venture more difficulties to recruit top level of talented staffs. This paper aims to propose RSU(Restricted Stock Unit) as alternative to breakthrough the current deadlock issue with respect to stock option controversy many startups facing. This paper to meet goal, first, including Korean introducing status of RSU, it clarify the concept of RSU by comparing exploration with Restricted Stock and define characteristic of RSU by comparing Stock Option. Second, it bring more effective ways of startups introducing RSU in Korea overcoming its limitations and challenges. Third, it carry out FGI to legal expert deeply involved of introducing RSU in Korea at policy domain. FGI focus on defining core challenging factors and their level of huddles of introducing RSU in Korea with proposing breakthrough policies to landing RSU softly in Korea. Fourth, it suggest valid policies of introducing and stabilizing RSU in Korea completely. This paper expect some contributions Korean startups and venture on finding market friendly right breakthrough out of stock option dilemma currently in.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

• Korean Journal of Environmental Biology
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• v.25 no.3
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• pp.223-227
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• 2007

Crop loss and damage by wildlife are becoming more serious to residents inside and around National Parks of Korea annually. It could be caused by small size of Parks, which is couples of ten $km^2$ only, and more than a third of total parks' areas are belonging to privates. Wild boar (Sus scrofa) is one of the most harmful pests in nationwide. Treading down crop field using as bedding or resting site are major damaged types and foraging behavior is following. Besides of boars, Korean water deer (Hydropotes inermis), racoon dog (Nyctereutes procyonoides), and badger (Meles meles) are another serious pests. Mainly, farm products planted in upland, such as corns, sweet potatoes, cabbages, etc. are harmed easily, a rate reaches up to 76.9% of whole losses. 92.4% (n=187) of interviewees, who are mostly seniors, cultivate small crop fields smaller than 1 ha. Crop damage would be started from June to late November, time differences are happened due to latitude, climate condition, and crop differences of National Parks. Dusting animal repellents are easier and widespread methods to prevent animal foraging to crop fields and installing noisy makers using gun powder and setting up scarecrows are traditional methods for repelling animals. Nevertheless, effects of these self-defence are turned out to be useful soon after labors done only. Since legal compensation for crop damages by wildlife are not prepared systematically so far, crop loss are rarely reported to local government by most farmers. Systematic and objective methods for quantifying of crop loss by wildlife and population managements system should be offered urgently to well-managed animals habitat and residents' living inside National Parks.

• Korean Journal of Agricultural and Forest Meteorology
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• v.11 no.4
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• pp.143-150
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• 2009

Deicing salt is used to melt snow and ice on the road for traffic safety during the winter season, which accumulates in the roadside vegetation and induces visible injuries. The damage may accelerate particularly when it coincides with early spring leaf out. In order to better understand the response mechanisms, C. kousa (3-year-old) was irrigated twice prior to leaf bud in a rhizosphere with solutions of 0.5, 1.0, and 3.0% calcium chloride ($CaCl_2$) concentration, that were made by using an industrial $CaCl_2$ reagent practical deicing material in Seoul. Physiological traits of the mature leaves were progressively reduced by $CaCl_2$ treatment, resulting in reductions of total chlorophyll contents, chlorophyll a:b, photosynthetic rate, quantum yield, stomatal conductance, $F_V/F_M$, and NPQ. On the contrary, light compensation point and dark respiration were increased at high $CaCl_2$ concentration. A decrease in intercellular $CO_2$ concentration by stomatal closure first resulted in a reduced photosynthetic rate and then was accompanied by low substance metabolic rates and photochemical damage. Based on the reduction of physiological activities at all treatments ($CaCl_2$ 0.5%, 1.0%, and 3.0%), C. kousa was determined as one of the sensitive species to $CaCl_2$.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.20 no.2
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• pp.30-42
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• 2021

The amount of compensation and the number of cases owing to car damage from pot holes on highways across the country increased by about 4.2 times and 3.5 times, respectively, in 2019 compared to 2015. Due to the increase in damage caused by these road hazards, the Ministry of Land, Infrastructure and Transport is developing technologies and services that can collect road hazard information by using devices on commercial vehicles (DTGs, black boxes, ADASs). In preparation for the development of these technologies, this study conducted an integrated assessment of algorithms developed for interrupted-flow and uninterrupted-flow traffic under three scenarios in order to provide road hazard information to drivers and road managers. As a result, the overall accuracy of the integrated assessment was derived at 81.88%. Errors generated in this integrated assessment reflect only missing data in less than 1 minute, GPS coordinate location and algorithm related errors, taking into account the purpose and assumptions of the assessment. Among them, we derive an accuracy of 90.15%overall by calibrating GPS error data. The results of this study can be used as basic data for improving the accuracy of location-based information collected by commercial vehicles and for policy development.

• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.