• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.101-127
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• 2017

Even with the most advanced aviation technology benefits, aircraft accidents are constantly occurring while air passenger transportation volume is expected to double in the next 15 years. Since it is not possible to secure aviation safety only by the post aircraft accident safety action of accident investigations, it has been recognized and consensus has been formed that proactive and predictive prevention measures are necessary. In this sense, the aviation safety management system (SMS) was introduced in 2008 and has been carried out in earnest since 2011. SMS is a proactive and predictive aircraft accident preventive measure, which is a mechanism to eliminate the fundamental risk factors by approaching organizational factors beyond technological factors and human factors related to aviation safety. The methodology is to collect hazards in all the sites required for aircraft operations, to build a database, to analyze the risks, and through managing risks, to keep the risks acceptable or below. Therefore, the improper implementation of SMS indicates that the aircraft accident prevention is insufficient and it is to be directly connected with the aircraft accident. Reports of duty performance related hazards including their own errors are essential and most important in SMS. Under the policy of just culture for voluntary reporting, the guarantee of information providers' anonymity, non-punishment and non-blame should be basically secured, but to this end, under-reporting is stagnant due to lack of trust in their own organizations. It is necessary for the accountable executive(CEO) and senior management to take a leading role to foster the safety culture initiating from just culture with the safety consciousness, balancing between safety and profit for the organization. Though a Ministry of Land, Infrastructure and Transport's order, "Guidance on SMS Implementation" states the training required for the accountable executive(CEO) and senior management, it is not legally binding. Thus it is suggested that the SMS training completion certificates of accountable executive(CEO) and senior management be included in SMS approval application form that is legally required by "Korea Aviation Safety Program" in addition to other required documents such as a copy of SMS manual. Also, SMS related items are missing in the aircraft accident investigation, so that organizational factors in association with safety culture and risk management are not being investigated. This hinders from preventing future accidents, as the root cause cannot be identified. The Aircraft Accident Investigation Manuals issued by ICAO contain the SMS investigation wheres it is not included in the final report form of Annex 13 to the Convention on International Civil Aviation. In addition, the US National Transportation Safety Board(NTSB) that has been a substantial example of the aircraft accident investigation for the other accident investigation agencies worldwide does not appear to expand the scope of investigation activities further to SMS. For these reasons, it is believed that investigation agencies conducting their investigations under Annex 13 do not include SMS in the investigation items, and the aircraft accident investigators are hardly exposed to SMS investigation methods or techniques. In this respect, it is necessary to include the SMS investigation in the organization and management information of the final report format of Annex 13. In Korea as well, in the same manner, SMS item should be added to the final report format of the Operating Regulation of the Aircraft and Railway Accident Investigation Board. If such legal and institutional improvement methods are complemented, SMS will serve the purpose of aircraft accident prevention effectively and contribute to the improvement of aviation safety in the future.

• Journal of Internet Computing and Services
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• v.14 no.5
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• pp.69-76
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• 2013

The incidence of globally infectious and pathogenic diseases such as H1N1 (swine flu) and Avian Influenza (AI) has recently increased. An infectious disease is a pathogen-caused disease, which can be passed from the infected person to the susceptible host. Pathogens of infectious diseases, which are bacillus, spirochaeta, rickettsia, virus, fungus, and parasite, etc., cause various symptoms such as respiratory disease, gastrointestinal disease, liver disease, and acute febrile illness. They can be spread through various means such as food, water, insect, breathing and contact with other persons. Recently, most countries around the world use a mathematical model to predict and prepare for the spread of infectious diseases. In a modern society, however, infectious diseases are spread in a fast and complicated manner because of rapid development of transportation (both ground and underground). Therefore, we do not have enough time to predict the fast spreading and complicated infectious diseases. Therefore, new system, which can prevent the spread of infectious diseases by predicting its pathway, needs to be developed. In this study, to solve this kind of problem, an integrated monitoring system, which can track and predict the pathway of infectious diseases for its realtime monitoring and control, is developed. This system is implemented based on the conventional mathematical model called by 'Susceptible-Infectious-Recovered (SIR) Model.' The proposed model has characteristics that both inter- and intra-city modes of transportation to express interpersonal contact (i.e., migration flow) are considered. They include the means of transportation such as bus, train, car and airplane. Also, modified real data according to the geographical characteristics of Korea are employed to reflect realistic circumstances of possible disease spreading in Korea. We can predict where and when vaccination needs to be performed by parameters control in this model. The simulation includes several assumptions and scenarios. Using the data of Statistics Korea, five major cities, which are assumed to have the most population migration have been chosen; Seoul, Incheon (Incheon International Airport), Gangneung, Pyeongchang and Wonju. It was assumed that the cities were connected in one network, and infectious disease was spread through denoted transportation methods only. In terms of traffic volume, daily traffic volume was obtained from Korean Statistical Information Service (KOSIS). In addition, the population of each city was acquired from Statistics Korea. Moreover, data on H1N1 (swine flu) were provided by Korea Centers for Disease Control and Prevention, and air transport statistics were obtained from Aeronautical Information Portal System. As mentioned above, daily traffic volume, population statistics, H1N1 (swine flu) and air transport statistics data have been adjusted in consideration of the current conditions in Korea and several realistic assumptions and scenarios. Three scenarios (occurrence of H1N1 in Incheon International Airport, not-vaccinated in all cities and vaccinated in Seoul and Pyeongchang respectively) were simulated, and the number of days taken for the number of the infected to reach its peak and proportion of Infectious (I) were compared. According to the simulation, the number of days was the fastest in Seoul with 37 days and the slowest in Pyeongchang with 43 days when vaccination was not considered. In terms of the proportion of I, Seoul was the highest while Pyeongchang was the lowest. When they were vaccinated in Seoul, the number of days taken for the number of the infected to reach at its peak was the fastest in Seoul with 37 days and the slowest in Pyeongchang with 43 days. In terms of the proportion of I, Gangneung was the highest while Pyeongchang was the lowest. When they were vaccinated in Pyeongchang, the number of days was the fastest in Seoul with 37 days and the slowest in Pyeongchang with 43 days. In terms of the proportion of I, Gangneung was the highest while Pyeongchang was the lowest. Based on the results above, it has been confirmed that H1N1, upon the first occurrence, is proportionally spread by the traffic volume in each city. Because the infection pathway is different by the traffic volume in each city, therefore, it is possible to come up with a preventive measurement against infectious disease by tracking and predicting its pathway through the analysis of traffic volume.

• Korean Business Review
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• v.21 no.2
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• pp.137-170
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• 2008

This study is presenting the logistics strategy in the international logistics markets which makes competition and corporation among north-east Asian countries to establishing the multi-pass Eurasian railroads. The countries located in north-east area of Eurasia like China, Japan, Russia and Korea are paying higher costs and disutility to the transportations and communications due to repeated conflicts and confrontations causes from the politic problems. They are being used surface transportation for most of all logistics between Europe and Asia except special merchandises because of characteristic of cargo to be air, the Silk Road remains vestige only which was main logistic passage to this area since BC. So far the Trans-Siberian Railway is being used by Russia mostly as north of Eurasian transport because of difficulties of service. The Trans-China Railway built in 1992 is not accomplishing as a international logistic passages. It is expected to take a long lead time because of characteristic of resource development and poor logistic infrastructure to the countries like Uzbekistan, double landlocked country, Mongolia and Azerbaijan, the countries do not be adjacent to the sea, even they have great economic jump-up plans through the development of their own resources. The Shanghai Cooperation Organization(SCO) start to sail officially in 2001 is constructed with China, Russia, Tadzhikistan, Kyrgyzstan, Kazakhstan and Uzbekistan as regular members of 6 countries and Mongolia, India, Pakistan, Afghanistan and Iran as observers 5 countries. It is started as a military alliance to protect terror, but now, it is expended to cooperate with the traffic, transportation, trade and share of energies. The Russia is doing their best to activate TSR as a government target to developnorth area equivalently, and economic develop of far-east Siberia. And also it is agreed provisionally to improve and repair of rail road between Nahjin and Hassan to connect TSR and TKR( Trans-Korea Railroad) by Russia, North Korea and South Korea with Russian's aggressive efforts. The development plan of this area is over lapped with GTI(Greater Tumen Initiative) promoted by UNDP, and is a cooperated project by 5 countries of South Korea, Mongolia, China, Russia and North Korea, subject to review the appropriation of energy, tour, environment, rail road connection between Mongolia and China and establishing a ferry route to north-east Asia. It is Japanese situation to pay attention to Russia and China even they have been supplying large-scope of infrastructure in Mongol area without any charges, target to get East Asia Main Rail Road to connect Mongolia and Zalubino of Russia. In case of the program for the Denuclearization of North Korea is not creeping, it will be accelerated to connect the TKR and TSR, TKR and TCR by somehow attending United States, including developing program promoted by UN ESCAP. As the result, Korean peninsular will continue the central role of competition and cooperation as in the past, now and future of north-east Asia, as of geographical-economics and geographical-politics whether it is requested or not wanted by neighbor countries.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.137-168
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• 2020

Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

• Journal of Environmental Science International
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• v.17 no.6
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• pp.633-645
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• 2008

In order to investigate the variations and corelation among $PM_{10},\;PM_{2.5}\;and\;PM_1$ concentrations, the hourly concentrations of each particle sizes of 300nm to $20{\mu}m$ at a city, Gangneung in the eastern mountainous coast of Korean peninsula have been measured by GRIMM aerosol sampler-1107 from March 7 to 17, 2004. Before the influence of the Yellow Dust event from China toward the city, $PM_{10},\;PM_{2.5}\;and\;PM_1$, concentrations near the ground of the city were very low less than $35.97{\mu}g/m^3,\;22.33{\mu}g/m^3\;and\;16.77{\mu}g/m^3$, with little variations. Under the partial influence of the dust transport from the China on March 9, they increased to $87.08{\mu}g/m^3,\;56.55{\mu}g/m^3\;and\;51.62{\mu}g/m^3$. $PM_{10}$ concentration was 1.5 times higher than $PM_{2.5}$ and 1.85 times higher than $PM_1$. Ratio of $(PM_{10}-PM_{2.5})/PM_{2.5}$ had a maximum value of 1.49 with an averaged 0.5 and one of $(PM_{2.5}-PM_1)/PM_1$ had a maximum value of 0.4 with an averaged 0.25. $PM_{10}\;and\;PM_{2.5}$ concentrations were largely influenced by particles smaller than $2.5{\mu}m\;and\;1{\mu}m$ particle sizes, respectively. During the dust event from the afternoon of March 10 until 1200 LST, March 14, $PM_{10},\;PM_{2.5}\;and\;PM_1$ concentrations reached $343.53{\mu}g/m^3,\;105{\mu}g/m^3\;and\;60{\mu}g/m^3$, indicating the $PM_{10}$ concentration being 3.3 times higher than $PM_{2.5}$ and 5.97 times higher than $PM_1$. Ratio of $(PM_{10}-PM_{2.5})/PM_{2.5}$ had a maximum value of 7.82 with an averaged 3.5 and one of $(PM_{2.5}-PM_1)/PM_1$, had a maximum value of 2.8 with an averaged 1.5, showing $PM_{10}\;and\;PM_{2.5}$ concentrations largely influenced by particles greater than $2.5{\mu}m\;and\;1{\mu}m$ particle sizes, respectively. After the dust event, the most of PM concentrations became below $100{\mu}g/m^3$, except of 0900LST, March 15, showing the gradual decrease of their concentrations. Ratio of $(PM_{10}-PM_{2.5})/PM_{2.5}$ had a maximum value of 3.75 with an averaged 1.6 and one of $(PM_{2.5}-PM_1)/PM_1$ had a maximum value of 1.5 with an averaged 0.8, showing the $PM_{10}$ concentration largely influenced by corse particles than $2.5{\mu}m$ and the $PM_{2.5}$ by fine particles smaller than $1{\mu}m$, respectively. Before the dust event, correlation coefficients between $PM_{10},\;PM_{2.5}\;and\;PM_1$, were 0.89, 0.99 and 0.82, respectively, and during the dust event, the coefficients were 0.71, 0.94 and 0.44. After the dust event, the coefficients were 0.90, 0.99 and 0.85. For whole period, the coefficients were 0.54, 0.95 and 0.28, respectively.

• Journal of the Korean Society for Marine Environment & Energy
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• v.12 no.4
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• pp.307-319
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• 2009

Carbon dioxide capture and storage (CCS) technology has been regarded as one of the most possible and practical option to reduce the emission of carbon dioxide ($CO_2$) and consequently to mitigate the climate change. Korean government also have started a 10-year R&D project on $CO_2$ storage in sea-bed geological structure including gas field and deep saline aquifer since 2005. Various relevant researches are carried out to cover the initial survey of suitable geological structure storage site, monitoring of the stored $CO_2$ behavior, basic design of $CO_2$ transport and storage process and the risk assessment and management related to $CO_2$ leakage from engineered and geological processes. Leakage of $CO_2$ to the marine environment can change the chemistry of seawater including the pH and carbonate composition and also influence adversely on the diverse living organisms in ecosystems. Recently, IMO (International Maritime Organization) have developed the risk assessment and management framework for the $CO_2$ sequestration in sub-seabed geological structures (CS-SSGS) and considered the sequestration as a waste management option to mitigate greenhouse gas emissions. This framework for CS-SSGS aims to provide generic guidance to the Contracting Parties to the London Convention and Protocol, in order to characterize the risks to the marine environment from CS-SSGS on a site-specific basis and also to collect the necessary information to develop a management strategy to address uncertainties and any residual risks. The environmental risk assessment (ERA) plan for $CO_2$ storage work should include site selection and characterization, exposure assessment with probable leak scenario, risk assessment from direct and in-direct impact to the living organisms and risk management strategy. Domestic trial of the $CO_2$ capture and sequestration in to the marine geologic formation also should be accomplished through risk management with specified ERA approaches based on the IMO framework. The risk assessment procedure for $CO_2$ marine storage should contain the following components; 1) prediction of leakage probabilities with the reliable leakage scenarios from both engineered and geological part, 2) understanding on physio-chemical fate of $CO_2$ in marine environment especially for the candidate sites, 3) exposure assessment methods for various receptors in marine environments, 4) database production on the toxic effect of $CO_2$ to the ecologically and economically important species, and finally 5) development of surveillance procedures on the environmental changes with adequate monitoring techniques.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.3-40
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• 2020

The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.225-246
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• 2020

More than technical or academic matter, mitigation of height restriction around airports is about up-dating out-dated policies that have not kept up with rapidly developing aircraft and air traffic control technologies. Above all, instead of calling out 'flight safety' that the public do not comprehend, it is important to examine and carry out measures that can protect people's right of property. MOLIT(Ministry of Land, Infrastructure, and Transport) after reviewing ICAO's Obstacle Limitation Surface TF, made an announcement to provide further plans that would apply to contracting states from 2026. However, residents of redevelopment areas near Kimpo international airport asserted that MOLIT's policy overlooks the reality of the redevelopment zone. ICAO, UN's specialized agency for civilian aviation, recommends in Annex 14, 4.2.4 that contracting states conduct an aeronautical study to determine the flight safety of horizontal surface(45m), excluding approach surface, and to mitigate height restrictions if no threat is found. Numerous countries including the United States have been following this recommendation and have been able to effectively protect people's right of property, whereas the South Korean government have not following it so far. The number of height restriction mitigation cases in the recent three months (2019. 7. 15~10. 14.) FAA of the United States have allowed after conducting an aeronautical study reaches 14,706. Japan and Taiwan also reconstruct airspace around airports in metropolitan areas in order to protect people's right of property. Just as the United States is following, MLIT should follow ICAO's recommendation in Annex 14. 4.2.4(Vol. 1. Airport Construction / Operation) and protect people's right of property by first applying aeronautical studies to the horizontal surface(45m) of flight safety zones until the specifics of ICAO's 2026 TF materialize.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.5
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• pp.488-496
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• 2017

Emissions of pollutants from ship-based sources are controlled by the International Maritime Organization (IMO). Since pollutants emitted from ship may be dispersed to the land, controlling emissions from ships is necessary for efficient air quality management in Incheon, where exposure to ship-based pollution is frequent. It has been noted that the ratios of air pollutant emissions from coastal areas to inland areas are about 14% for NOx and 10% for SOx. The air quality of coastal urban areas is influenced by the number of ships present and the dispersion pattern of the pollutants released depending on the local circulation system. In this study, the dispersion of pollutants from ship-based sources was analyzed using the numerical California Puff Model (CALPUFF) based on a meteorological field established using the Weather Research and Forecasting Model (WRF). Air pollutant dispersion modeling around coastal urban regions such as Incheon should consider point and line sources emitted from both anchored and running ships, respectively. The total average NOx emissions from 82-84 ships were 6.2 g/s and 6.8 g/s, entering and leaving, respectively. The total average SOx emissions from 82-84 ships, entering and leaving, were 3.6 g/s and 5.1 g/s, respectively. The total average emissions for NOx and SOx from anchored ships were 0.77 g/s and 1.93 g/s, respectively. Due to the influence of breezes from over land, the transport of pollutants from Incheon Port to inland areas was suppressed, and the concentration of NOx and SOx inland were temporarily reduced. NOx and SOx were diffused inland by the sea breeze, and the concentration of NOx and SOx gradually increased inland. The concentration of pollutants in the area adjacent to Incheon Port was more influenced by anchored ship in the port than sea breezes. We expect this study to be useful for setting emission standards and devising air quality policies in coastal urban regions.

• Journal of Navigation and Port Research
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• v.40 no.4
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• pp.197-205
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• 2016

Our country, which relies on maritime transport a majority of import and export trade volume and faced with unexpected accidents, it is difficult to operate the normal function of container terminal. It also caused by reliability issue raised is likely to be given a blow to the new volumes to attract and maintain existing volumes. Under this views, the container terminal is a situation that highlights the role of the harbor workers and cope with aggressive work to provide the best quality services to customers 365 days. On these grounds, the heavy work burden is passed on to the harbor workers and caused accidents every year. The study was analyzed the safety status of the container terminal under the real following the conditions as disaster status analysis, insufficient safety training circumstances and safety training from 2012 year to 2015 in the target current K.Y terminal. As a result of equipments safety training analysis, it shows that 2012 year happened 45 cases and 31 cases in 2013 year until not practicing the training over the Gantry Crane equipment. One hand 23 cases took place in 2014 while preparation training and the other intensive training period of 2015, 8 cases occurred. it shows that 2012 year happened 13 cases and 19 cases in 2013 year until not practicing the training over the Transfer Crane equipment. One hand 12 cases took place in 2014 while preparation training and the other intensive training period of 2015, 8 cases occurred. it shows that 2012 year happened 9 cases and 9 cases in 2013 year until not practicing the training over the Yard Tractor equipment. One hand 9 cases took place in 2014 while preparation training and the other intensive training period of 2015, 4 cases occurred. Because safety training of the container terminal was given to greatly impact on the mandatory safety training, self-educational enforcement and specified equipments safety training, hence the container terminal is to strengthen the safety education to prevent accidents in advance.