• Journal of Arbitration Studies
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• v.23 no.2
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• pp.81-113
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• 2013

The World Trade Organization (WTO) offers remedies for non-compliance by the introduction of compensation or retaliation in the Dispute Settlement Understanding (DSU). There are no the provisions under the WTO DSU and it seems unclear what retaliation is attempting to achieve. Therefore, it is unclear whether the goal of WTO retaliation is to induce compliance or to restore the balance between the rights and the obligations of WTO members. It has been claimed the WTO has a strong dispute settlement system by providing retaliation when the recommendations and rulings of Dispute Settlement Body (DSB) are not complied with. But this seems to be inadequate to bring about effective and timely compliance. Especially there is a problem with free riding by a violating member because the level of retaliation is determined from the expiration of a reasonable period of time, providing an incentive to delay compliance. Also the level of the suspension of concessions or other obligations authorized by the DSB is equivalent to the level of nullification or impairment, according to DSU Article 22.4. However, if the member concerned objections to the level of the suspension proposed, the matter shall be referred to arbitration. The arbitrator shall not examine the nature of the suspension of concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the nullification or impairment. The arbitrator makes an assessment standard of equivalence by comparing the suspension of concessions or other obligations and the nullification or impairment calculated in terms of the amount of trade. But it is necessary that other standards replace the quantitative standards when the level of the nullification or impairment cannot be quantified by concrete damages.

• Journal of the Optical Society of Korea
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• v.13 no.1
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• pp.53-59
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• 2009

A chirped-pulse amplification Ti:sapphire laser system has been designed using a 10-Hz 100-TW Ti:sapphire laser to generate 0.1-Hz 0.5-PW laser pulses and optimize their temporal qualities such as temporal contrast and pulse duration. A high-energy booster amplifier to be added is expected to produce an energy above 30 J through the parasitic lasing suppression and the efficient amplification. To improve the temporal contrast of the laser pulses, a high-contrast 1-kHz amplifier system is used as a front-end. A grating stretcher which makes the laser pulse have 1-ns duration is used to prevent optical damages due to high pulse energy during amplification. A grating compressor has been designed with group delay analysis to obtain the recompressed pulse duration close to the transform-limited pulse duration. The final laser pulses are expected to have energy above 20 J and duration below 40 fs.

• Journal of the Korea Institute of Building Construction
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• v.3 no.2
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• pp.95-102
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• 2003

Financial difficulties and claims frequently stop construction works and cause subsequent contract cancellations. However, as the criteria to assess costs have not been established, many cases of legal disputes over the assessment of cancellation costs are taking place and the concerned parties are suffering the loss of time and money. Therefore, the present research aimed at developing a rational and systematic model of cancellation cost assessment following the cancellation of contracts. The research was carried out in the following methods and scopes. 1 ) The research was focused on the assessment of fair cancellation costs from constructors' side for contracts cancelled by any causes for which the owners have liability. 2) To obtain basic materials about cancellation cost assessment methods, contracts, claims, contract cancellations and construction-related laws at home and abroad were examined. 3) A cost assessment model was developed for systematization and efficient operation of cancellation cost assessment, and the reliability and efficiency of the proposed model was verified through a case study. The conclusions drawn from the research are as follows. The importance of the cancellation cost assessment model was confirmed as, using the cancellation cost assessment model, direct cancellation cost and indirect cancellation cost could be assessed systematically, the number of disputable items could be reduced because reasonable evidences of actual spending were presented, and the loss of constructors could be minimized because systematic and rational cost assessment became possible for many disputable cases of indirect cancellation cost, which the constructors had been unable to prove so far though having spent.

• Journal of the Korean Institute of Gas
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• v.23 no.2
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• pp.28-34
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• 2019

A large number of underground pipelines in the Ulsan National Industrial Complex has been constructed to improve the productivity of chemical products and tackle transportation problems. Now, the total of 1,293km of underground pipelines around 62 companies has been installed and operated. Many of underground pipelines have been installed outside of factories. For a past three years, five gas leakage accidents have occurred and the emergency response took up to 8 hours or more. Due to these delay in accidents, second serious accidents might occur and lead to occur damages to adjacent residents. In this study, it is assumed that emergency valve systems are installed under a ground and the efficacy of these is verified. Consequence analysis program was employed to evaluate the mitigation impact of emergency valve systems. The results show that these valve systems are economical and their performances for a mitigation are excellent. The results indicate that the installation of emergency valve systems for underground pipelines should be urgently legislated and performed.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.26 no.4
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• pp.36-42
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• 2018

Although continuous passenger injuries and physical damages are repeated due to the unexpected aviation turbulence encountered during operations, there is still exist the limitation for preventing recurrence of similar events because the lack of real-time information and delay in technological developments regarding various operating conditions and variable weather phenomena. The purpose of this study is to compare and analyze the meteorological data of the aviation turbulence occurred and actual flight data extracted from the Quick Access Recorder(QAR) to provide some precursors that the pilot can identify aviation turbulence early by referring thru the flight instrumentation indications. The case applied for this study was recent event, a scheduled flight from Incheon Airport, Korea to Narita Airport, Japan that suddenly encountered turbulence at an altitude of approximately 14,000 feet during approach. According to the Korea Meteorological Administration(KMA)'s Regional Data Assessment and Prediction System(RDAPS) data, it was observed that the strong amount of vorticity in the rear area of jet stream, which existed near Mount Fuji at that time. The QAR data analysis shows significant changes in the aircraft's parameters such as Pitch and Roll angle, Static Air Temperature(SAT), and wind speed and direction in tens of seconds to minutes before encounter the turbulence. If the accumulate reliability of the data in addition and verification of various parameters with continuous analysis of additional cases, it can be the precursors for the pilot's effective and pre-emptive action and conservative prevention measures against aviation turbulence to reduce subsequent passenger injuries in the aviation operations.

• Analyses & Alternatives
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• v.6 no.1
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• pp.163-194
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• 2022

A transboundary environmental problem refers to an environmental problem that goes beyond a country's territory and damages neighboring countries. It is a difficult problem because, basically, it is a natural, rather than intentional, effect, and it is extremely hard to make a scientific consensus on the cause-effect relations between upstream and downstream nations. Air pollution, especially PM 2.5 and PM 10, is one of the typical cases of transboundary environmental problems in the Northeast Asia. This paper analyzes the constraints of environmental cooperation between China and South Korea to address transboundary air pollution issue. It argues that lack of trust and ideological hostility, rather than, scientific uncertainty, is the biggest obstacle for effective cooperation, and these hostile discourses and ideas are mostly generated by media in the downstream nation, the South Korea. In order to identify how South Korean media frames this issue, this paper searched newspaper articles in the six representative South Korean newspapers during the period of 2014 and 2020, and analyzed about 2,000 articles selected. It finds that South Korean media has framed the transboundary air pollution as a China bashing and related domestic political cleavage issue, while it neglects to show the cooperation attempts that the two countries have made to date. Also, while the media focuses on China hate frame, it has never reported the Chinese government's domestic policies to reduce air pollution and their results. Media's overuse of hate and blame frames not only has disrupted trust building but also it will delay a possible turning point of environmental cooperation between the two countries in the future.

• Journal of the Korean Society of Safety
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• v.38 no.5
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• pp.1-7
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• 2023

This study analyzes the operational characteristics of 311 aged and non-aged residual current circuit breakers (RCCBs) in low-voltage consumer contexts. It investigates the influence of external temperature and harmonics based on the rated current multiples. To simulate temperature variations, a convectional oven was used around the circuit breakers. Additionally, the generation of harmonic reference signals and data measurement for overcurrent experiments were conducted using NI SCXI, myDAQ, and LabVIEW. An observation revealed that as the ambient temperature increased, the operating time of RCCBs decreased in the time delay region. This was attributed to the faster response or bending of the bimetal, which is the tripping element. However, aged RCCBs encountered challenges with tripping outside the protective curve. The operating time of the circuit breakers exhibited an acceleration influenced by the order and content of harmonic currents, potentially leading to malfunctions. Aged RCCBs demonstrated faster operating times than their non-aged counterparts. However, the difference in operating time varied based on the manufacturer's and operating environment of the RCCBs. Frequent malfunctions of RCCBs can result in power outages. In cases where these circuit breakers fail to operate, they can lead to secondary damages, including electrical fires and shocks. Consequently, it is imperative to consider the operating environment of RCCBs and provide appropriate replacement cycles to mitigate these risks.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.283-324
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• 2011

The purpose of this paper is to research the air waybill and the carrier's liability in respect of the carriage of cargo by air under the Montreal Convention of 1999. The Warsaw Convention for the unification of certain rules for international carriage by air was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975 and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. Under the Montreal Convention, in respect of the carriage of cargo, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three orignal parts. Under the Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. The air waybill is not a document of title or negotiable instrument. Under the Montreal Convention, the air waybill is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of the part of the air waybill. Under the Montreal Convention, the carrier is liable by application of principle of strict liability for the damage sustained during the carriage of cargo by air. The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. Under the Montreal Convention, the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be and void. Under the Montreal Convention, if the carrier proves that the damage was caused by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from ist liability to the claimant to the extent that such negligence or wrongful act or omission caused the damage. Under the Montreal Convention, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention. Under the Montreal Convention, in the case of damage the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and at the latest, within fourteen days from the date of receipt of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the cargo has been placed at his disposal. if no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part. Under the Montreal Convention, the right to damage shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. In conclusion, the Montreal Convention has main outstanding issues with respect to the carrier's liability in respect of the carriage of cargo by air as follows : The amounts of limits of the carrier's liability, the duration of the carrier's liability, and the aviation liability insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.3-51
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• 2017

From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

• Journal of Aquaculture
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• v.20 no.4
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• pp.278-288
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• 2007

Shrimp culture in Korea had been rapidly developed during 1990's and the production of farmed shrimp reached 3,268 mt from 2,605 ha in 2001. However the shrimp production decreased to 2,368 mt in 2004 because of the mass mortality due to outbreak of white spot syndrome virus (WSSV). WSSV which is one of the most serious threats associated with cultured shrimp around the world has given the economic damages to shrimp culture industry every year since it was found from the shrimp ponds in the west coast of the South Korea in 1993. Various polyculture technologies of shrimp with shellfish, finfish or seaweeds have been implemented to reduce economic damages by mass mortalities of shrimp. Among them, the polyculture of shrimp with carnivorous fish can suppress or delay the viral outbreak of shrimp ponds because the fish may selectively eat the moribund shrimps infected by virus. To determine the selective predatory effect of river puffer Takifugu obscures on WSSV infected shrimp, postlarvae of Litopenaeus vannamei and Fenneropenaeus chinensis. One-year old river puffers were stocked to four earthen ponds of $1,616-1,848\;m^2$ in surface area as followings: polyculture LvP, L. vannamei ($43.4/m^2$)+puffer ($0.22/m^2$); control Lv, L. vannamei ($46.9/m^2$); polyculture FcP, F. chinensis ($30.3/m^2$)+puffer ($0.25/m^2$); control Fc, F. chinensis ($24.6/m^2$). Ponds of control Fc and polyculture FcP had mass mortalities by WSSV outbreak on the $51^{st}$ and $57^{th}$ days of culture respectively. The shrimps of polyculture LvP and control Lv were harvested on the $95^{th}\;day$. Shrimp survival rates of polyculture LvP and control Lv were 32.4% and 18.2% respectively and shrimp productivity of polyculture LvP was 69.2% higher than that of control Lv. Concentration of nutrients (TAN, $NO_2-N$, $NO_3-N$) was maintained within optimal ranges for shrimp growth although that of polyculture ponds showed at least two times higher than that of control ponds. The results suggest that polyculture of L. vannamei with river puffer is higher than monoculture in survival rate and productivity. In addition, F. chinensis should be carefully cultured because this species shows much higher susceptibility to WSSV than L. vannamei.