• Title/Summary/Keyword: Governing law

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A study on the exemption of liability of air carriers (항공운송인의 손해배상책임 면제에 관한 법적 고찰)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.95-116
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    • 2015
  • Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.

A Study on the increase of space debris from Chinese Anti-Satellite and breach of the Outer Space Treaty (자국위성(自國衛星)의 파괴(破壞)에 따른 우주잔해의 증가와 우주조약위반(宇宙條約違反) 여부에 관한 소고(小考) - 중국의 자국위성파괴와 관련하여 -)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.259-294
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    • 2013
  • After its experiment involving the exploding of a satellite in space in 2007, China proudly aired news on TV and ran articles in newspapers. However, the event was internationally criticized and drew widespread attention. Many countries denounced the explosion by pointing out that it could be part of the nation's plan to expand its military power to space or that it could pose a danger to the peaceful use of space. However, there is no talk of whether the experiment that produced a huge amount of space debris could have violated an international law, namely the Outer Space Treaty. Although space garbage has been said to be a serious problem, the amount is still on the increase. If we continue to launch new space launch vehicles into orbit at this rate, we will not be able to use it anytime soon like we do today. As the commercial use of space is likely to increase, the situation will certainly get worse. The international community is fully aware of the seriousness of the problem and working together to reduce the amount of space garbage. However, despite the fact that the United States and Soviet Union's ASAT(Anti-Satellite) programs have been implemented for a long time, there have been no complaints about them in terms of military expansion or breach of the Outer Space Treaty. Also, the recent Chinese test is largely viewed to be in accordance with international law. A lot of research has been undertaken with regard to the problem of space garbage. Now people's awareness of dangers being posed has been fully raised. Under the circumstances, the dismissing of China's satellite smashing, leaving a big mess in its wake, as nothing more than an experiment, is a red flag to, if not many, at least some people. By means of this thesis, I would like to review whether the Chinese test has violated an international space law. This thesis presents an overview of the issues surrounding the event and examines the possibility of violating the Outer Space Treaty, formally the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. After the China test, the UN Scientific and Technical Subcommittee first adopted space debris mitigation guidelines, I'll introduce the content of the guidelines and discuss the characteristics of the guidelines and what can be done to address the issue.

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Vertical Buoyant Jet in Tidal Water -Crossflowing Environment- (흐름 수역(水域)에서 연직상향부력(鉛直上向浮力)?)

  • Yoon, Tae Hoon;Cha, Young Kee;Kim, Chang Wan
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.7 no.1
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    • pp.11-22
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    • 1987
  • A plane buoyant jet discharged vertically upward into a crossflow is analyzed by numerical solution of the governing equations of continuity, momentum and constituent transport. The turbulent transport is modelled by the Prandtl's mixing length theory. In the numerical solution procedure, the governing equations are transformed by stream function and vorticity transport, non-dimensionalyzed by discharge velocity, slot width, and parameters representing flow characteristics, and solved by Gauss-Seidel iteration method with successive underrelaxation. The numerical experiments were performed for the region of established flow of buoyant jet in the range of discharge densimetric Froude number of 4 to 32 and in the range of velocity ratio of 8 to 15, which is the ratio of discharge velocity to crossflow velocity. Variations of velocities and temperatures, flow patterns and vorticity patterns of receiving water due to buoyant jet were investigated. Also investigated are the effects of velocity ratio and discharge densimetric Froude number on the trajectories of buoyant jet. Computed are velocities, temperatures and local densimetric Froude numbers along the trajectory of the buoyant jet. Spreading rate and dispersion ratio were analyzed in terms of discharge densimetric Froude number, local densimetric Froude number and distance from the source along the jet trajectory. It was noted that the similarity law holds in both the profiles of velocity and temperatures across the jet trajectory and the integral type analysis of Gaussian distribution is applicable.

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Fracture and Hygrothermal Effects in Composite Materials (복합재의 파괴와 hygrothermal 효과에 관한 연구)

  • Kook-Chan Ahn;Nam-Kyung Kim
    • Journal of the Korean Society of Safety
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    • v.11 no.4
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    • pp.143-150
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    • 1996
  • This is an explicit-Implicit, finite element analysis for linear as well as nonlinear hygrothermal stress problems. Additional features, such as moisture diffusion equation, crack element and virtual crack extension(VCE ) method for evaluating J-integral are implemented in this program. The Linear Elastic Fracture Mechanics(LEFM) Theory is employed to estimate the crack driving force under the transient condition for and existing crack. Pores in materials are assumed to be saturated with moisture in the liquid form at the room temperature, which may vaporize as the temperature increases. The vaporization effects on the crack driving force are also studied. The Ideal gas equation is employed to estimate the thermodynamic pressure due to vaporization at each time step after solving basic nodal values. A set of field equations governing the time dependent response of porous media are derived from balance laws based on the mixture theory Darcy's law Is assumed for the fluid flow through the porous media. Perzyna's viscoplastic model incorporating the Von-Mises yield criterion are implemented. The Green-Naghdi stress rate is used for the invariant of stress tensor under superposed rigid body motion. Isotropic elements are used for the spatial discretization and an iterative scheme based on the full newton-Raphson method is used for solving the nonlinear governing equations.

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Legal status of Priave Transaction Regarding the Geostationary Satellite Orbit (지구정지궤도의 사적 거래의 국제법상 지위에 관한 연구)

  • Shin, Hong Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.239-272
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    • 2014
  • The rights and obligations of the Member States of ITU in the domain of international frequency management of the spectrum/orbit resource are incorporated in the Constitution and Convention of the ITU and in the Radio Regulations that complement them. These instruments contain the main principles and lay down the specific regulations governing the major elements such as rights and obligations of member administrations in obtaining access to the spectrum/orbit resource, as well as international recognition of these rights by recording frequency assignments and, as appropriate, any associated orbits, including the geostationary-satellite orbits used or intended to be used in the Master International Frequency Register (MIFR) Coordination is a further step in the process leading up to notification of the frequency assignments for recording in the MIFR. This procedure is a formal regulatory obligation both for an administration seeking to assign a frequency in its network and for an administration whose existing or planned services may be affected by that assignment. Regulatory problem lies in allowing administrations to fulfill their "bringing into use" duty for preserving his filing simply putting any satellites, whatever nationlity or technical specification may be, into filed orbit. This sort of regulatory lack may result in the emergence of the secondary market for satellite orbit. Within satellite orbit secondary market, the object of transaction may be the satellite itself, or the regulatory rights in rem, or the orbit registered in the MIFR. Recent case of selling the Koreasat belongs to the typical example of orbit transaction between private companies, the legality of which remains doubtedly controversial from the perspective of international space law as well as international transaction law. It must be noted, however, that the fact is the Koreasat 3 and its filed orbit is for sale.

The Present State of Domestic Acceptance of Various International Conventions for the Prevention of Marine Pollution (해양오염방지를 위한 각종 국제협약의 국내 수용 현황)

  • Kim, Kwang-Soo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.12 no.4 s.27
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    • pp.293-300
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    • 2006
  • Domestic laws such as Korea Marine Pollution Prevention Law (KMPPL) which has been mae and amended according to the conclusions and amendments of various international conventions for the prevention a marine pollution such as MARPOL 73/78 were reviewed and compared with the major contents of the relevant international conventions. Alternative measures for legislating new laws or amending existing laws such as KMPPL for the acceptance of major contents of existing international conventions were proposed. Annex VI of MARPOL 73/78 into which the regulations for the prevention of air pollution from ship have been adopted has been recently accepted in KMPPL which should be applied to ships which are the moving sources of air pollution at sea rather tlnn in Korea Air Environment Conservation Law which should be applied to automobiles and industrial installations in land. The major contents of LC 72/95 have been accepted in KMPPL However, a few of substances requiring special care in Annex II of 72LC, a few of items in characteristics and composition for the matter in relation to criteria governing the issue of permits for the dumping of matter at sea in Annex III of 72LC, and a few of items in wastes or other matter that may be considered for dumping in Annex I of 96 Protocol have not been accepted in KMPPL yet. The major contents of OPRC 90 have been accepted in KMPPL. However, oil pollution emergency plans for sea ports and oil handling facilities, and national contingency plan for preparedness and response have not been accepted in KMPPL yet. The waste oil related articles if Basel Convention, which shall regulate and prohibit transboundary movement of hazardous waste, should be accepted in KMPPL in order to prevent the transfer if scrap-purpose tanker ships containing oil/water mixtures and chemicals remained on beard from advanced countries to developing and/or underdeveloped countries. International Convention for the Control if Harmful Anti-Fouling Systems on the Ships should be accepted in KMPPL rather tlnn in Korea Noxious Chemicals Management Law. International Convention for Ship's Ballast Water/Sediment Management should be accepted in KMPPL or by a new law in order to prevent domestic marine ecosystem and costal environment from the invasion of harmful exotic species through the discharge of ship's ballast water.

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A Study on Time Charter Party For Offshore Service Vessels 2005 - Focusing the Dispute Resolution Clause - (2005년 해양플랜트 지원선박용 정기용선계약서에 관한 소고 - 분쟁해결약관을 중심으로 -)

  • Lee, Chang-Hee;Kim, Jin-Kwon
    • Journal of Navigation and Port Research
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    • v.38 no.1
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    • pp.81-87
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    • 2014
  • Today, it is a trend that the demand of offshore plants is constantly growing, along with the advances in technology which are thoroughly needed to the rise of international oil price as well as offshore energy development. In addition, The main sectors of ship building, sale & purchase and chartering market regarding various kind of offshore supporting vessels that supports the business of offshore energy development is now maintaining its steady growth. However, in domestic case, the contract of time charter occasions regarding the offshore support vessel are almost non-existing situation. Thus, the relevant practical study regarding to implementation of various kinds of legal disputes and applicable laws that can be properly applied in time charter and the field of sale & purchase needs to be conducted actively. Therefore, the concept of this study has included the wide comparisons of other special provisions with the existing time-charter by making its base on "Supply Time 2005" which is the worldwide standard form of time charter in offshore support vessel market and its investigation, aiming to provide practical guidance and procedure for implementation of arbitration and applicable law issues which can be applied in legal disputes between parties.

Interpretation Applied Dynamic Symmetry and Module for the Structure Analysis in Art-Work Space (해체적 작품공간의 구조 분석을 위한 다이내믹 시미트리와 모듈 개념의 적용 및 그 해석)

  • 신연호
    • Archives of design research
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    • v.13 no.3
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    • pp.221-234
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    • 2000
  • This thesis aims to study the space concept of the constructive mode in the work space of the postmodernism artists since 1970s. According to the changing view of the world artists, they are searching for the characteristics of having the parameter of formative organization on how they are related to the constructive system which represents the work styles. First, this study searches for the theoretical approaches of the constructive system and parameters that were studied by Le Corbusier - the module concept as the meaning of order system being used for the basic formative construction Second, when it is regarded as a formative construction in making art as the'principles of organization'(the law of living form), which was defined by Suzanne Langer in the formative theory as the organized structure shown in growth structure in mu and ecological system, the principles governing the module rules were arthmetically analysed art-work space through the dynamic symmetry of Jay Hambidge. Therefore, this study shows the principles working on the parameters for new formative organization as follows: First, the module in the work space should be designed and built from the dynamic symmetry. Second, the module should satisfy the human needs that it must be acceptable, efficient, flexible, which are the necessary and sufficient condition for the dynamic symmetry. Third, the dynamic symmetry which has the principle of Reciprocity and the principle of Complement as its primary construction principle has the common properties and the reciprocity in the construction of the work space and when it has the self similarity, it segments organically the total space without damaging the continuum.

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A Comparative Legal Study on Safety and Transportation Convenience of Mobility Disadvantaged Persons (항공교통약자 안전 및 이용편의를 위한 비교법적 연구)

  • Hwang, Ho-Won;Cho, Jeong-Hyeon
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.63-97
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    • 2016
  • Ago the passenger who using a wheelchair was denied boarding from the airline. The ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST DISABLED PERSONS prohibits discriminatory treatment of persons with disabilities in transportation. But there are situations that limits the movement on persons with reduced mobility. The international community promote to protect disabled persons and persons with reduced mobility against discrimination and to provide them with assistance when travelling by air. According to news report, the governing Council of the International Civil Aviation Organization (ICAO) has established new global core principles on air transport consumer protection. The principles cover three phases of a customer's experience: before, during and after travel, and will now be considered by ICAO's 191 Member States when they develop or review their applicable national regimes. The international community are recognizing that passengers can benefit from a competitive air transport sector, which offers more choice in fare-service trade-offs and which may encourage carriers to improve their offerings, passengers, including those with disabilities, can also benefit from consumer protection regimes. In accordance with these we will also be provided to regulations that can prevent and protect the air passenger. In this paper analyze the regulations of the international air passenger rights, point out the lack of policy.

Limitations and Challenges of Game Regulatory Law and Policy in Korea (현행 게임규제정책의 한계와 과제 : 합리적인 규제를 위한 고려사항)

  • Kwon, Hun-Yeong
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.149-164
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    • 2014
  • The laws and policies governing Korea's game regulations are becoming more and more topics for debate as we enter the Age of Internet. The nature of the basis for Internet regulations and policies are not rooted in freedom of speech or fundamental values of democracy, but rather focused on solving real-world problems such as protection of the youth. Furthermore, the reality is that regulatory devices for keeping the social order such as regulating gambling are being applied directly to games without consideration on the characteristics of Internet gaming, raising concerns that the expansion of constitutional values and innovative empowerment inherent to the Internet are being weakened. The Geun-Hye Park Administration which succeeded Myung-Bak Lee's Administration, even went so far as to implement the so-called "Shutdown Policy", which prohibits access to Internet games during pre-defined time zones and also instigated a time zone selection rule. In order to curb the gambling nature of Internet games, government-led policies such as the mandatory personal identification and prohibition of player selection or in other words mandatory random player selection are being implemented. These institutions can inhibit freedom of speech, which is the basis of democracy, violate the right of equality through unreasonable discrimination between domestic and foreign service providers, and infringe upon the principles of administrative law, such as laws, due process in policies, and balance in among policies and governmental bodies. Going forward, if Korea's Internet game regulations and polices is to develop in a rational manner, regulatory frameworks will need to be designed to protect the nature of the Internet and its innovative values that enable the realization of constitutional values; for example, the Internet acting as the "catalytic media for freedom of expression as a fundamental human right ", which has already been acknowledged by the Korea's Constitutional Court. At the same time, transparent procedures should be put into place that will allow diverse participation of stakeholders including game service providers, game users, the youth and parents in the legislation and enforcement process of regulatory institutions; policies will also need to be transformed to enable not only regulatory laws but also self-regulation system to be established. And in this process, scientific and empirical analysis on the expected effects before introducing regulations and the results of enforcing regulations after being introduced will need to be strengthened.