• Title/Summary/Keyword: Korea Civil Law

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Time Dependent Chloride Transport Evaluation of Concrete Structures Exposed to Marine Environment (해안 환경 하에 있는 콘크리트 구조물의 시간의존적 염화물침투 평가)

  • Song, Ha-Won;Pack, Seung-Woo;Ann, Ki-Yong
    • Journal of the Korea Concrete Institute
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    • v.19 no.5
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    • pp.585-593
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    • 2007
  • This paper presents a model for durability evaluation of concrete structures exposed to marine environment, considering mainly a build-up of surface chloride $(C_s)$ as well as diffusion coefficient (D) and chloride threshold level $(C_{lim})$. In this study, time dependency of $C_s$ and D were extensively studied for more accurate evaluation of service life of concrete structures. An analytical solution to the Fick's second law was presented for prediction of chloride ingress for time varying $C_s$. For the time varying $C_s$, a refined model using a logarithm function for time dependent $C_s$ was proposed by the regression analysis, and averaging integrated values of the D with time over exposed duration were calculated and then used for prediction of the chloride ingress to consider time dependency of D. Durability design was also carried out for railway concrete structures exposed to marine environment to ensure 100 years of service life by using the proposed models along with the standard specification on durability in Korea. The proposed model was verified by the so-called performance-based durability design, which is widely used in Europe. Results show that the standard specification underestimates durability performances of concrete structures exposed to marine environment, so the cover depth design using current durability evaluation in the standard specifications is very much conservative. Therefore, it is found that utilizing proposed models considering time dependent characteristics of $C_s$ and D can evaluate service lift of concrete structures in marine environment more accurately.

A Study of the DB Design Standard for Submitting Completion Drawings for Auto-Renewal of Underground Facility Information (지하시설물정보 자동갱신을 위한 준공도서 제출 표준DB 설계 연구)

  • Park, Dong Hyun;Jang, Yong Gu;Ryu, Ji Song
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.38 no.6
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    • pp.681-688
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    • 2020
  • The Under Space Integrated Map has been constructed consistently from '15 construction projects until the present time in an effort to implement the "ground sinking prevention method" for the purpose of strengthening underground safety management. The constructed Under Space Integrated Map is utilized to provide information to the person in charge at local government through application of the system of underground information based on the administrative network and to deliver this to specialized underground-safety-effects -evaluation organizations through map extraction based on a floor plan. It suffers from a limitation in its practical use, however, since information is only provided, without promoting a separate renewal project. Although in Section 1 of Article 42 in the Special Law Concerning Underground Safety Management the content pertaining to submission obligations of completion drawings related to underground information including change and renewal are stated explicitly in order to solve this problem, submission is not sufficient since a submission window based only on the administrative network is operated. Accordingly, the Ministry of Land, Infrastructure, and Transport constructed an online system for submitting completion drawings, in an attempt to change the method by which entities involved in underground development directly submitted completion drawings. In this study, a DB standard relating to submitting completion drawings was designed and applied in order to construct an auto-renewal system based on submitted completion drawings, which will be extended to cover the range to underground structures hereafter.

Research on Establishing Ground Digital Twin Geo-ambulance Technology Development Strategy (지상 디지털트윈 지오앰뷸런스 기술개발전략 수립 연구)

  • Min-Song SEO;Yong-Gu JANG;Ryu-Ji SONG
    • Journal of the Korean Association of Geographic Information Studies
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    • v.27 no.1
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    • pp.41-51
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    • 2024
  • If an underground accident occurs, the cause must be quickly identified and human and material damage reduced. The Underground Accident Investigation Committee is responsible for identifying the causes of accidents and preparing response plans to prevent similar accidents from occurring in the future. The law stipulates that the Underground Accident Investigation Committee can operate from a minimum of 6 months to a maximum of 9 months after an accident occurs. However, the operation schedule of the Underground Accident Investigation Committee seems difficult to cite the accident investigation report to the construction project currently in progress at the same time project. In this study, the Underground Accident Investigation Committee seeks to establish a strategy for developing technology that can shorten data collection and analysis, which previously took 3 months, to less than 1 month. As a result of the research, five areas of technology development identified, ground data collection and transmission technology, ground safety data generation technology, digital twin-based underground safety analysis and visualization technology, digital twin-based geo-ambulance construction and operation technology, and digital twin-based geo-ambulance standardization and legal system. research was able to be conducted. If the proposed technology is developed, it is expected to contribute to reducing accident scenes through faster decision making than before.

The Current Status of the Warsaw Convention and Subsequent Protocols in Leading Asian Countries (아시아 주요국가(主要國家)들에 있어서의 바르샤바 체제(體制)의 적용실태(適用實態)와 전망(展望))

  • Lee, Tae-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.147-162
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    • 1989
  • The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

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Comparative legal review between national R&D projects and defence R&D programs - A study on improvement of royalty system for the promotion of aircraft industry - (국가연구개발사업 및 국방연구개발사업 간 비교법적 검토 - 항공기산업 진흥을 위한 기술료 제도 개선에 관한 연구 -)

  • Lee, Hae-Jun;Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.153-180
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    • 2020
  • This study is meaningful in finding out what legal and policy issues need to be improved in order to foster the aircraft industry, which is relatively underdeveloped compared to the fact that some heavy industries, such as the automobile industry and shipbuilding industry, have achieved a high level of production and technology globally. Korea's aircraft industry has been growing at a slower pace than other industries, largely due to the country's economic growth and the lack of a market structure to properly use variables such as the level of development in related industries, aircraft technology and demand for aircraft manufacturing. While most industries are privately led by the market structure of the competition system, heavy industries such as the aircraft industry generally grow under the market structure of the incomplete competition system, because only by securing huge initial investment costs, high technology, and sufficient demand, they can maintain minimum economic feasibility. The Korean aircraft industry was focused on developing and mass-producing military aircraft focusing on military demand, but it sought to turn the tide by signing the BASA (Bileral Aviation Safety Agreement) with the U.S. A preliminary feasibility study was conducted in 2010 to develop next-generation medium-sized aircraft, but was cancelled due to differences in position with Canada's Bombardier, which is subject to the concourse, and Korea Aerospace Industries (KAI) is pushing for the production of Bombardier's Q400 license on its own. Compared to the mid-to-large sized civil aircraft that are facing difficulties in development, KAI and KARI are successfully developing technologies to unmanned aerial vehicles and civil helicopters. In addition, the unmanned aerial vehicle sector is not yet suitable for manufacturers that have an exclusive global influence, so we believe that it is necessary to pursue government-led research and development projects with a focus on the areas of commercial helicopters and unmanned aerial vehicles in order to foster the aircraft industry in the future. In addition, since military aircraft such as KT-1 and T-50 are currently being exported smoothly, and it cannot be overlooked that the biggest demand for aircraft manufacturing in the Korea is the military, it is necessary to push forward national R&D projects and defense R&D program simultaneously to enable both civilian-military development. However, there are many differences between the two projects in the way they are implemented, the department in charge and the royalty system. Through this study, we learned about the technology ownership and implementation rights of national R&D projects and defense R&D programs, as well as the royalty system. In addition, problems with the system were identified and improvement measures were derived.

The Study on Aviation Crime in Aviation Safety and Security Act of Korea ("항공안전 및 보안에 관한 법률"에 있어서 항공범죄에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.27-54
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    • 2010
  • Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

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The development of Evaluation Program for the Quantitatively Instrumentation Management of Geotechnical Structures (지반구조물의 정량적인 계측관리를 위한 평가프로그램 개발)

  • Kim, Yong-Soo;Yun, Hae-Bum
    • Journal of the Korean Geosynthetics Society
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    • v.11 no.4
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    • pp.71-77
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    • 2012
  • In this study, data collected from geotechnical instrumentation, analyzers using Stochastic methods for evaluating the state of law and the automation program was developed. Is expected based data driven non-parametric methods modeling may be useful for evaluation of complex geotechnical instrumentation installed on the system from the measurements collected. Result of the verification of assessment techniques developed by the sensing data collected from the actual ground structures (reinforced retaining wall and tunnel), PCA analysis techniques applied to the present study was to determine the structural behavior and environmental factors.

Arbitration Agreement through Standardized Terms and its Validity (약관을 통한 소비자중재합의와 그 유효성)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.111-132
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    • 2014
  • Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

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Driver's Protection Method of Ambulance Car Accident (응급구조 교통사고에 대한 운전자의 보호방안)

  • Park, Hi-Jin;Kwon, Hayrran;Lee, Young-Hyun
    • The Korean Journal of Emergency Medical Services
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    • v.4 no.1
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    • pp.63-71
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    • 2000
  • Exceptive clause of ambulance stated in Road Traffic Laws of ambulance car accidents is not properly applied and emergency staffs who transfer over 85% of emergency cases are to be forced to start out to the emergency field with unstable conditions which they may be punished on the criminal and civil laws. Hereby this study makes the following suggestions to activate the duties of transferring emergency cases by emergency staffs, promote their morale and diminish the victim of emergency staffs due to traffic accidents. 1) It is prescribed that ambulance car drivers should be protected legally by applying the exceptive clauses thoroughly regulated in special case clauses because ambulance cars are used for the purpose of saving the human life. 2) On the traffic accidents occurred during the transfer of emergency cases, the special insurance system is created for treating the ambulance car accidents, not to bind the emergency staff's mistake to traffic law and the victims are compensated by the nation on the basis of insurance system and emergency staffs have the systematic security. 3) On the road over six lanes, emergency lane is set on the center and ambulance car should be used as the exclusive lane. 4) Ambulance car drivers must have the habit of transferring emergency cases rapidly within the range of legal operation.

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A Study on the Disaster Management System (재난관리제체(災難管理體制) 에 관한 연구(硏究) -인위재난관리(人爲災難管理)를 중심(中心)으로-)

  • Chong, Chin-Whan
    • Korean Security Journal
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    • no.1
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    • pp.321-350
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    • 1997
  • This thesis is an attempt to find out ways and means needed to improve the disaster management system in Korea(Chap. Ⅰ). For this purpose, I have first reviewed various crisis management systems of foreign countries such as the United States, England and Japan(Chap. Ⅱ), and also reviewed that of our own country(Chap. Ⅲ). All of us knows that our disaster management system has been reestablished through the enactment of the Disaster Management Act of 1995 and the full revision of Natural Harzards Management Act of 1995 after a series of catastrophic man-made disasters since 1993. I took a general survey of the contents and characteristics of the newly made Disaster Management Act(Chap. Ⅳ), and Finally, as a conclusion of this research(Chap. V), I indicated a few disputed points on the Disaster Management Act and suggested several alternatives to improve our crisis management system. The alternatives suggested are as follows (1) Reinforcement of prevention-centered policy and expansion of investment (2) Specialization of the crisis management man-power and securing the rescue equipment (3) Arrangement of the various lessons on crisis and reinforcement of educational training against the disasters (4) Building the cooperative systems between the civil organizations (5) An opinion towards the issues on the unifying the law systems and reorganizaing the new independent institution for the crisis management

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