• Title/Summary/Keyword: Korea Civil Law

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A Numerical study on characteristics of fluid flow in a three-dimensional discrete fracture network with variation of length distributions of fracture elements (3차원 이산 균열망 흐름장에서 균열요소의 길이분포 변화에 따른 내 유체 흐름 특성에 관한 수치적 연구)

  • Jeong, Woochang
    • Journal of Korea Water Resources Association
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    • v.52 no.2
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    • pp.149-161
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    • 2019
  • In this study, the effect of the fluid flow characteristics on the length distribution of the fracture elements composing the fracture network is analyzed numerically using the 3D fracture crack network model. The truncated power-law distribution is applied to generate the length distribution of the fracture elements and the simulations of fluid flow are carried out with the exponent ${\beta}_l$ from 1.0 to 6.0. As a result of simulations, when the exponent ${\beta}_l$ increases, the length distribution of the fracture elements gradually decreases, and the connectivity between the fracture elements affecting the permeability of the fracture network becomes weak. When we analyzed the distributions of flow rate calculated at each fracture element with the exponent ${\beta}_l$, the mean flow rate at ${\beta}_l=1.0$ was estimated to be about 447 times larger than that at ${\beta}_l=6.0$ and for the flow calculated at the outflow boundary of the fracture network, the case of ${\beta}_l=1.0$ was estimated to be 6,440 times larger than that of ${\beta}_l=6.0$.

A Study on Foreign Air Operator Certificate in light of the Convention on International Civil Aviation (시카고협약체계에서의 외국 항공사에 대한 운항증명제도 연구)

  • Lee, Koo-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.31-64
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    • 2015
  • The Chicago Convention and Annexes have become the basis of aviation safety regulations for every contracting state. Generally, aviation safety regulations refer to the SARPs provided in the Annexes of the Chicago Convention. In order to properly reflect international aviation safety regulations, constant studies of the aviation fields are of paramount importance. Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea. Each contracting state to the Chicago Convention should meet ICAO SARPs about AOC and FAOC. According to ICAO SARPs, Civil Aviation Authorities shall issue AOC to air carriers of the state, but don't require to issue for foreign air carrier. However some contracting states of the Chicago Convention issue FAOC and/or Operations Specifications for the foreign operators. This FAOC is being expanded from USA to the other contracting states. Foreign operators have doubly burden to implement AOC of the ICAO SARPs because FAOC is an additional requirement other than that prescribed by the ICAO SARPs In Article 33, the Chicago Convention stipulates that each contracting state shall recognize the validity of the certificates of airworthiness and licenses issued by other contracting states as long as they are equal to or above the minimum standards of the ICAO. In ICAO Annex 6, each contracting state shall recognize as valid an air operator certificate issued by another contracting state, provided that the requirements under which the certificate was issued are at least equal to the applicable Standards specified in this Annex. States shall establish a programme with procedures for the surveillance of operations in their territory by a foreign operator and for taking appropriate action when necessary to preserve safety. Consequently, it is submitted that the unilateral action of the states issuing the FAOC to the foreign air carriers of other states is against the Convention. Hence, I make some proposals on the FAOC as an example of comprehensive problem solving after comparative study with ICAO SARPs and the contracting state's regulations. Some issues must be improved and I have made amendment proposals to meet ICAO SARPs and to strengthen aviation development. Operators should be approved by FAOC at most 190 if all states require FAOC. Hence, it is highly recommended to eliminate the FAOC or reduce the restrictions it imposes. In certain compliance-related issues, delayed process shall not be permitted to flight operations. In addition, it is necessary for the ICAO to provide more unified and standardized guidelines in order to avoid confusion or bias regarding the arbitrary expansion of the FAOC. For all the issue mentioned above, I have studied the ICAO SARPs and some state's regulation regarding FAOC, and suggested some proposals on the FAOC as an example of comprehensive problem solving. I hope that this paper is 1) to help understanding about the international issue, 2) to help the improvement of korean aviation regulations, 3) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

Aviation Safety Regulation and ICAO's Response to Emerging Issues (항공안전규제와 새로운 이슈에 대한 ICAO의 대응)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.207-244
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    • 2015
  • Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

An Importance Analysis of The Korean Ethical Guideline for Automated Vehicle Using AHP Method (계층화 분석방법을 활용한 한국형 자율주행자동차 윤리 가이드라인 중요도 분석 연구)

  • Hwang, Kee-yeon;Song, Jae-in;Kang, Min-hee;Im, I-jeong
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.19 no.1
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    • pp.107-120
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    • 2020
  • This study aims to analyze the importance of key elements and clauses of the preliminary ethical guideline for Automated Vehicles(AV) using the Analytic Hierarchy Process(AHP). Reflecting previous researches on AV ethical guideline, we developed the questionnaire for the AHP survey. According to the AHP results of key elements and detailed clauses, Protecting human dignity and life are most important as a top priority in overall clauses. Also, clauses related to the user's liability are high priorities, but clauses related to the administrator's liability are low priorities. These results implied that the government should enact a law and draw up an ethical guideline in a neutral attitude to respect the private areas and enjoy the public interests. In order to declare Korean ethical guidelines and improve social acceptance, it is necessary to conduct a seminar and make an educational program, also gather the opinions of citizens and experts.

A Study on Analysis of Performance Life for Hot Recycled Asphalt Pavements in the National Highway (일반국도의 가열 재활용 아스팔트 포장 공용수명 분석 연구)

  • Lee, Kanghun
    • International Journal of Highway Engineering
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    • v.19 no.5
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    • pp.117-129
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    • 2017
  • PURPOSES : The purpose of this study is to analyze the performance life of hot central plant recycling (HCPR) and hot in-place recycling (HIR) pavements applied to the National Highway for the past 20 years and compare it with conventional hot-mix asphalt (HMA) pavement. METHODS : In order to analyze the performance life of recycling asphalt pavements, a comprehensive literature review was conducted to investigate the government law and official system for the use of recycling asphalt pavement in Korea and foreign countries. Next, the application information of using a hot central plant recycling and hot in-place recycling pavements in the national highway is collected from the database of pavement management system (PMS) and then their field condition is visually surveyed. Finally, the performance life of recycling asphalt pavements in the national highway is analyzed and compared with conventional hot-mix asphalt pavement. RESULTS :Institutions are encouraging the promotion of using recycled asphalt pavement through various legal systems in Korea as well as abroad. Based on analysis results for the average performance life of hot central plant recycling pavement applied to the national highway, the average performance life is estimated to be 10.2 years. However, the average performance life of in-place recycling pavement is estimated to be 6.5 years. However, it is expected to increase performance life after the HIR construction system is modified. CONCLUSIONS : Based on the limited data analysis of the performance life of recycled asphalt pavements, HCPR shows similar performance life to conventional asphalt pavement but HIR shows shorter performance life than conventional asphalt pavement. However, it is noted that all performance life data is very limited and it should be monitored and analyzed further.

Analysis of Tidal Effect in Hangang Bridge by Automatic Discharge Measurement (자동유량측정에 의한 한강대교 조석영향 분석)

  • Lee, Min-Ho;Kim, Chang-Wan;Yoo, Dong-Hoon
    • Journal of Korea Water Resources Association
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    • v.42 no.7
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    • pp.513-523
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    • 2009
  • The measuring point of the Hangang Bridge affected by tide has some special topographic characteristics due to Nodle Island. Furthermore the submerged weirs located on the upstream and downstream. Therefore flow is separated and joined by Nodle Island. Discharge measurement at the point of the Hangang Bridge is very important, because Hangang Bridge is key station in managing the discharge and flood forecasting. In the past, it was too difficult to measure discharge in tidal conditions. HRFCO(Han River Flood Control Office) installed automatic discharge measurement facilities for solving this problem. Measuring equipments operates and measures discharge every 10 minutes at 2 points(southern and northern section close to Nodle Island), and calculates flow discharge using Chiu's velocity law(Chiu, 1988). In order to verify the results of automatic discharge measurements, manual discharge measurements were carried out by ADCP. In addition, the monthly discharge were also compared.

Hydraulic model test for corrugated artificial reef stability (수리실험을 통한 요철형 인공어초 안정성 검토)

  • Baek, Seung Hwa;Shin, Bum-Shick;Kim, Kyu-Han
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.15 no.8
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    • pp.5327-5332
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    • 2014
  • In Korea, the quantitative growth rate of artificial reef construction is supposed to reach the peak point. Therefore, new approach is needed to the point of artificial reefs business. Functional reefs, such as shellfish reefs, recreational reefs, seaweed reefs, and fish reefs, are beneficial alternatives. This study conducted hydraulic testing to assess the stability of corrugated artificial reefs (ARs) that were constructed to promote the growth of shellfish and seaweed. The results of this study showed that some dimensionless design parameters affected the stability of corrugated artificial reefs under a range of wave and water depth conditions in a fixed bed condition. The findings also highlight the importance of hydraulic experiments in solving the problems that have emerged in the design and construction of artificial reefs.

Economic Evaluation of Unmanned Aerial Vehicle for Forest Pest Monitoring (산림 병해충의 모니터링을 위한 무인 항공기의 경제성 평가)

  • Lee, Keun-Wang;Park, Joon-Kyu
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.1
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    • pp.440-446
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    • 2019
  • Pine wilt disease occurred for the first time in Busan in 1988 and the damage has since been increasing. In 2005, a special law was enacted for pine wilt disease by Korea Forest Service. Incidences relating to the forest pest had been frequent and chemical control as well as physical control techniques had been applied to control it. Therefore, there is a need to reduce the damage caused by the pine wilt disease through intensive management such as continuous monitoring, control, and monitoring based on active control as well as management measures. In this study, the UAV-based monitoring method was proposed as an economical way of monitoring the forest pest. The efficiency of the existing method and UAV method had been analyzed, and as a result the study suggested that UAV can be used for forest pest monitoring and indeed improve efficiency. The UAV-based forest pest monitoring method has a cost reduction of about 50% compared with the conventional method and will also help to reduce the area where the survey was omitted.

Analysis and Ethical Review of the Compensation System for Clinical Trial Injury in India (인도 임상시험 피해보상제도 분석 및 윤리적 고찰)

  • Lee, Chan Joo;Choe, Byung In
    • The Journal of KAIRB
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    • v.3 no.1
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    • pp.1-10
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    • 2021
  • In 2004, India began investing in the clinical trial industry; the country now boasts a 20% market share with the help of a valuable resource - the world's second largest population. The Contract Research Organization has been able to generate profits efficiently conducting clinical trials via a large pool of participants, skilled researchers, and reduced developmental costs. As the demand and sheer number of global clinical trials increased, the International Council of Harmonization-Good Clinical Practice was introduced, and the need for the Institutional Review Board increased. While the clinical trial industry in India boomed, it came at the expense of the participants' civil rights. The increased media attention regarding the ethical issues forced the Indian Supreme Court to take action. Consequently, India is the only country, by law, that specifically compensates participants suffering from injury directly resulting from participation in clinical trials. This research paper will describe and compare the relevant laws of India and Korea including compensation criteria. In addition, the ethical issues and aspects of indemnity in clinical trials will be discussed. While the clear advantage of the compensation is one of the protected rights of a clinical subject, the current system is not perfect. Furthermore, laws created to redeem ethical issues can have unintended, negative consequences.

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Conclusion of Conventions on Compensation for Damage Caused by Aircraft in Flight to Third Parties (항공운항 시 제3자 피해 배상 관련 협약 채택 -그 혁신적 내용과 배경 고찰-)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.35-58
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    • 2009
  • A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

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