• Title/Summary/Keyword: Korea Civil Law

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A Case Study on the Application of Vibration Level Units in the Construction Phase (시공단계의 진동레벨 단위적용에 관한 사례 연구)

  • Choi, Hyung-Bin;Kim, Dong-Yeon
    • Explosives and Blasting
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    • v.30 no.2
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    • pp.86-97
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    • 2012
  • Ground vibration induced by a bench blasting in the construction site should cause the damage to the structure and indirect damage to a human body, and the vibration level is most practical descriptor for regulating the damage to human body and peak particle velocity is the descriptor for direct damage assesment of the structure. Meantime, the vibration level has not been considered for the blasting design but this study is the case that apply not only peak particle velocity but also vibration level on the blasting design. Also, we strongly believe that this study will be helpful for the management in the blasting site which some civil appeal is concerned. Total 232 measurements of both ppv and vibration level was used to estimate the scale distance. When the regulating threshold was ppv 0.3 cm/s and vibration level 75 decibel, the charge per delay to be estimated with vibration level could be recommended by 1.2~1.4 times than it of ppv. So, it is proven that considering vibration level on the blasting design is reasonable for not only prevention of the civil appeals but also effective blasting. Again, the blasting design which follows the law, "Noise and Vibration Control Act" can actually serve good condition to carry much more economical and effective blasting. The instruments used for this study are the SV-1 model, as first instrument in korea which can measure vibration velocity and vibration level at the same time.

Comparative Analysis of Estimation of Demand for Urban Railway Stations and Forecast of Transportation Facilities Size Prediction (도시철도역 이용수요 추정 및 이동편의시설 규모 예측 비교 분석)

  • Kim, Hwang Bae;Lee, Sang Hwa;Bae, Choon Bong
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.39 no.6
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    • pp.877-886
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    • 2019
  • The size of the subway entrance should be calculated according to the user's demand, but Korea has the same size for each entrance by applying a uniform value. Recently, the installation of mobile convenience facilities such as escalators, elevators, etc. is mandated by the traffic weakness promotion law, but it is inconvenient to use the existing stations because it is mainly arranged in the place where it can be installed regardless of user demand. This study aims to establish a model for estimating the size of mobile convenience facilities by predicting the use demand of each station entrance so that the location and size of mobile facilities can be reflected in the design or construction of the station. To this end, a multiple regression model was established to forecast daily demand by utilizing the demand for getting on and off by station and the building association area for each purpose around the railway station. The actual data of Dongdaemun and Jonggak Stations were used to verify the estimated model. In addition, the escalator installation scale was compared / analyzed by doorway using domestic and overseas escalator equations. As a result, it was more accurate to estimate the usage demand for a single station. Also, Jonggak Station has an up and down escalator installed at exit 1, but it was analyzed that it is appropriate to install at exit 4. This study is an advanced form of the essay model for estimating the users of the entrance and exit users of urban railway stations published in 2018. In addition, it seems to be the basis of the current escalator installation criteria.

Evaluation of Depth Measurement Method Based on Spectral Characteristics Using Hyperspectrometer (초분광 스펙트로미터를 활용한 분광특성 기반의 수심 측정 기법 적용성 검토)

  • You, Hojun;Kim, Dongsu;Shin, Hyoungsub
    • Korean Journal of Remote Sensing
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    • v.36 no.2_1
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    • pp.103-119
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    • 2020
  • Recently, the rapid redeposition and erosion of rivers artificially created by climate change and the Four Rivers Restoration Project is questionable. According to the revised law in Korea, the river management agency will periodically carry out bed changes surveys. However, there are technical limitations in contrast to the trend of increasing spatial coverage, density and narrowing of intervals. National organizations are interest in developing innovative bed changessurvey techniquesfor efficiency. Core of bathymetry survey is to measure the depth of rivers under a variety of river conditions, but that is relatively more risky, time-consuming and expensive compared to conventional ground surveys. To overcome the limitations of traditional technology, echo sounder, which has been mainly used for ocean depth surveying, has been applied to rivers. However, due to various technical limitations, it is still difficult to periodically investigate a wide range of areas. Therefore, technique using the remote sensing has been spotlighted as an alternative, especially showing the possibility of depth measurement using spectral characteristics. In this study, we develop and examine a technique that can measure depth of water using reflectance from spectral characteristics. As a result of applying the technique proposed in thisstudy, it was confirmed that the measured depth and the correlation and error corresponding to 0.986 and 0.053 m were measured in the depth range within 0.95 m. In the future, this study could be applied to the measurement of spatial depth if it is applied to the hyperspectral sensor mounted on the drone.

A numerical study on the 3-Dimensional shape characteristics of small underground cavities (소규모 지하공동 3차원 형상 특성을 반영한 수치해석에 관한 연구)

  • An, Joon-Sang;Kang, Kyung-Nam;Son, Ki-Il;Kim, Woo-Seok;Kim, Byung-Chan
    • Journal of Korean Tunnelling and Underground Space Association
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    • v.20 no.5
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    • pp.787-807
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    • 2018
  • When conducting the underground safety impact assessment under the special law in Korea, it is essential to investigate the occurrence of underground cavities. When underground cavities were discovered, the underground safety was assessed through numerical analysis. The previous study has suggested the stability evaluation based on the factor of safety by changing the 2D shape of the small underground cavity. In this study, the effects of small underground cavities considering 3D shapes were examined using a continuum analysis program and compared with the 2D results presented in previous study. If the 3-Dimensional shape of the underground cavity is found close to the sphere type, it would be reasonable to evaluate the factor of safety by the shear strength reduction method regardless of the size and position of the cavity. If a high-aspect ratio underground cavity with a depth of 2 m or more from the ground surface and an aspect ratio (a/b) of 2.0 or more is in the vertical direction, not only the factor of safety but the failure mode shape should be cautions in the stability evaluation using the shear strength reduction method. The results of this study are expected to be basic data on underground safety impact assessment.

A Study on the Swiss Cadastral & Registration System (스위스의 지적과 등기제도에 관한 연구)

  • Ryu, Byoung-chan
    • Journal of Cadastre & Land InformatiX
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    • v.50 no.2
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    • pp.169-187
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    • 2020
  • In Korea, Switzerland has been known as a country that integrates the Cadastral System (hereafter as CS.) and the registration system(hereafter as RS.) according to a research report by the Ministry of Home Affairs since 1975. However, I found that Switzerland's CS. and RS. were separately managed by the Dept. of Defense, Civil Protection & Sports(hereafter as DDPS.) and the Dept. of Justice & Police(hereafter as DJP.). Therefore, I have a question about where is the institution in charge of the CS. and RS. in Switzerland, what are the relevant laws and regulations, and what are the related public records, and the background and purpose of this study is to resolve this. Research Results First, cadastral affairs are handled by the Cadastral Surveying Division at the Federal Office for Topography (Swisstopo) under the DDPS, and the registered affairs are handled by the Private Law Division at the Federal Office for Justice under the DJP. Second, Cadastral-related laws include 'VAV' and 'TVAV' newly enacted in 1993, and Registration-related laws include 'Civil Act(ZGB)' and 'Order on Land Registration(GbVO)' etc. which have been in effect since 1912. Third, the cadastral record includes the Cadastral Books, Cadastral Maps & Numerical Cadastral Books etc, and the register includes the Hauptbuch, Tagebuch, Pläne, Liegenschaftsbeschreibung etc. It is hoped that the results of this study will provide an accurate understanding of the fact that Switzerland's CS. is managed separately by the DDPS, and the RS. is managed by the DJP.

Extracting Risk Factors and Analyzing AHP Importance for Planning Phase of Real Estate Development Projects in Myanmar (미얀마 부동산 개발형사업 기획단계의 리스크 요인 추출 및 AHP 중요도 분석)

  • Kim, Sooyong;Chung, Jaihoon;Yang, Jinkook
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.2
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    • pp.3-11
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    • 2021
  • Myanmar is an undeveloped country with high development value among Asian countries. Therefore, various countries including the U.S. are considering entering the market. In this respect, demand for real estate development project is forecast to grow on increased inflow of foreigners and Myanmar's economic growth. However, Myanmar is a high-risk country in terms of overseas companies, including national risk. In this study, we conducted an in-depth interview with experts (law, finance, technology, and local experts) after analyzing data on Myanmar to extract risk-causing factors. Through this, 106 risk factors were extracted, and the final risk classification system was established by conducting three-time groupings using the affinity diagramming. And the relative importance of each factor was presented using the analytic hierarchy process (AHP) technique. As a result, the country-related risk, the fund-related risk, and the pre-sale-related risk were highly important. The research results are expected to provide risk management standards to companies entering the Myanmar real estate development type project.

Review of 'Nonperformance of Obligation' and 'Culpa in Contrahendo' by Fail to Transport - A Focus on Over-booking from Air Opreator - (여객운송 불이행에 관한 민법 상 채무불이행 책임과 계약체결상의 과실책임 법리에 관한 재검토 - 항공여객운송계약에 있어 항공권 초과판매에 관한 논의를 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.113-136
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    • 2020
  • Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

The Outcome of the 6th ICAO Worldwide Air Transport Conference and Fair Competition Policy in International Air Transport (국제항공운송의 최근 동향과 항공운송의 공정경쟁정책 -ICAO 제6차 세계항공운송회의 결과를 중심으로-)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.1
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    • pp.97-114
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    • 2013
  • The 6th Worldwide Air Transport Conference was held in Montreal in March 2013 under the auspices of ICAO. This conference, which has been held every ten years, is dealing with virtually every issue of international air transport, and aiming at updating ICAO policy in order to ensure long-term growth of international civil aviation. Last conference which took place in 2003 focused on the liberalization of air transport, and the 6th conference shifted its focus from whether to push for liberalization, to how to implement it. The main agenda items for the 6th conference was liberalization, safeguards, ownership, fair competition, airports and air navigation facilities, charges, and ICAO policy. The liberalization, and in particular progressive liberalization has been a main theme over the past decades. In the process leading to liberalization, there needs to be the expansion of market access, easing regulation on ownership and control of airlines. Furthermore, the provision of enough infrastructure such as airport and air navigation facilities may be contributing factor to remove impediments to liberalization. However, out of concern as for undermining interests of consumer and the weak, when liberalization is proceeding in a sudden and radical manner, there should be safeguards so as to ensure market participation by developing countries, consumer protection, and economical and transparent decision on taxes and charges. Fair competition which differs from promoting competition in the market, is a policy in order to protect the weak players and consumers from monopoly and oligopoly. The Korean delegation submitted 3 WPs (WP/85, 86 and 87) and 1 IP, and presented WPs, at the conference, which were a lot compared with previous occasions. A paradigm shift was emphasized to expedite the process of liberalization at the 6th conference. The reality is that with many previous recommendations to stress the importance of liberalization, and to urge States to change their attitudes, the pace of the liberalization has been very slow and staggering. The liberalization of air transport will contribute to the growth of air transport and related industry, to create new employment, promoting tourism and regional development, and further to facilitating mutual understanding and exchange, which will also lead to making a barrier-free world. In this context, it is expected that the next conference will also evaluate the on-going process of liberalization.

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Legal Review on the Regulatory Measures of the European Union on Aircraft Emission (구주연합의 항공기 배출 규제 조치의 국제법적 고찰)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.3-26
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    • 2010
  • The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

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A Study on Legal and Institutional Improvement Measures for the Effective Implementation of SMS -Focusing on Aircraft Accident Investigation-

  • Yoo, Kyung-In
    • 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.

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