• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.345-366
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• 2018

Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.3-30
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• 2011

According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

• Journal of the Korean Crystal Growth and Crystal Technology
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• v.18 no.5
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• pp.211-216
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• 2008

The artificial lightweight aggregate (ALA) was manufactured in a rotary kiln at $1125^{\circ}C$ using green body formed by pelletizing the batch powder composing of coal bottom ash (CBA) produced from power plant, clay and dredged soil (DS). The TCLP (Toxicity characteristic leaching procedure) results showed that the dissolution concentration of heavy metal ions of ALA fabricated in this study was below the limitation defined by the enforcement regulations of wastes management law in Korea. The ALA containing 60$\sim$70 wt% CBA had a bulk density of 1.45$\sim$1.49 and a water absorption of 17.2$\sim$18.5 %. The impact values for oven-dry state and saturated-surface dry state of ALA were 27.4$\pm$1.3 and 23.4$\pm$2.6 % respectively. The 28-days compressive strength of concrete made with various ALA was $22.7\sim27.8 N/mm^2$. The slump of concrete with ALA containing CBA 60 and 70 wt% were 7.9 and 14.3 cm respectively. The unit weight of concrete made with any ALA fabricated in this study was satisfied with the standard specifications of lightweight concrete for the civil engineering and construction presented by Korea as below $1.84 ton/m^3$.

• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.205-226
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• 2018

For sustainable development of air transport, the establishment and application of international standards of environmental protection area is significant. The development and use of alternative fire extinguishing agent to Halon, which is used for the fire extinguishing systems of engine nacelles/APU and cargo compartments, has been requested in order to protect the ozone layer. The ICAO has been active in preparing international standards and recommended practices (SARPs); however, certification of alternative fire extinguishing agents has been postponed due to technical readiness problem.. Consequently, the implementation of SARPs has also been postponed by two years from the end of 2016. to the end of 2018. As such consequences have caused confusion among Member States regarding its implementation, it is necessary to discuss and pay more attention to this issue. ICAO Council and Air Navigation Commission should consider between setting the implementation time frame earlier or giving enough time for mature readiness and preparedness. Also in order to minimize the unnecessary discharge of Halon owned by Member States, it is necessary to consider efficient management methodologies; for example, requesting fire extinguisher manufacturers to recharge in professional ways. For the successful implementation of the SARPs, ICAO developed an implementation task list as including notification of differences, establishment of a national implementation plan, drafting of the modification to the national regulations and means of compliance, adoption of the national regulations and means of compliance. Member States can develop their own rule making process in reference with the ICAO implementation task list. This issue was presented and discussed during the 54th Conference of Directors General of civil aviation, Asia and Pacific Regions which was held in Ulaanbaatar, Mongolia in 2017 with significant attention among participated Contacting States. In this regards, ICAO Council and Air Navigation Commission should consult with Legal Bureau lawyers regarding SARPs preparing process to eliminate difficulties and confusions for proper implementation within effective date.

• Asian Journal of Atmospheric Environment
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• v.7 no.2
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• pp.72-84
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• 2013

In the study, pollution levels of indoor polycyclic aromatic hydrocarbons (PAHs) in public facilities (vapor phase or particulate phase) were evaluated, and a health risk assessment (HRA) was carried out based on exposure scenarios. Public facilities in Korea covered by the law, including underground subway stations, funeral halls, child care facilities, internet cafes (PC-rooms), and exhibition facilities (6 locations for each type of facility, for a total of 48 locations), were investigated for indoor assessment. For the HRA, individual excess cancer risk (ECR) was estimated by applying main toxic equivalency factor (TEF) values suggested in previous studies. Among the eight public facilities, internet cafes showed the highest average $PM_{2.5}$ concentration at $110.0{\mu}g/m^3$ (range: $83.5-138.5{\mu}g/m^3$). When assuming a risk of facility exposure time based upon the results of the surveys for each public facility, the excess cancer risk using the benzo(a)pyrene indicator assessment method was estimated to be $10^{-7}-10^{-6}$ levels for each facility. Based on the risk associated with various TEF values, the excess cancer risk based upon the seven types cancer EPA (1993) and Malcolm & Dobson's (1994) assessment method was estimated to be $10^{-7}-10^{-5}$ for each facility. The excess cancer risk estimated from the TEF EPA (2010) assessment was the highest: $10^{-7}-10^{-4}$ for each facility. This is due to the 10-fold difference between the TEF of dibenzo(a,e)fluoranthene in 2010 and in 1994. The internet cafes where smoking was the clear pollutant showed the highest risk level of $10^{-4}$, which exceeded the World Health Organization's recommended risk of $1{\times}10^{-6}$. All facilities, with the exception of internet cafes, showed a $10^{-6}$ risk level. However, when the TEFs values of the US EPA (2010) were applied, the risk of most facilities in this study exceeded $1{\times}10^{-6}$.

• Journal of the Korean Association of Geographic Information Studies
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• v.13 no.2
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• pp.41-53
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• 2010

Traffic safety assessment is often accomplished by analyzing the number of crashes occurring in some geographic space over certain specific time duration. In this paper, we introduce a procedure that can efficiently analyze spatial and temporal changes in traffic crashes before-and-after implementation of a certain traffic controlling measure. For the analysis, crash frequency data before-and-after closing a major highway around St. Louis in Missouri was collected through Transportation Management System(TMS) database that is maintained by Missouri Department of Transportation (MoDOT). In order to identify any spatial and temporal pattern in crashes, each crash is pinpointed on a map using the dynamic segmentation in GIS. Then, the identified pattern is statistically confirmed using an analysis of variance table. The advantage of this approach is to easily assess spatial and temporal trend of crashes that are not readily attainable otherwise. The results from this study can possibly be applied in enhancing the highway safety assessment procedure. This paper also makes several suggestions for future development of a comprehensive transportation data system in Korea which is similar to MoDOT's TMS database.

• Journal of Korea Water Resources Association
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• v.44 no.7
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• pp.553-563
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• 2011

According to the improvement of computer's performance, the development of Geographic Information System (GIS), and the activation of offering information, a distributed model for analyzing runoff has been studied a lot in recently years. The distribution model is a theoretical and physical model computing runoff as making target basin subdivided parted. In the distributed model developed by this study, the volume of runoff at the surface flow is calculated on the basis of the parameter determined by landcover data and a two-dimensional diffusion wave equation. Most of existing runoff models compute velocity and discharge of flow by applying Manning-Strickler's mean velocity equation and Manning's roughness coefficient. Manning's roughness coefficient is not matched with dimension and ambiguous at computation; Nevertheless, it is widely used in because of its convenience for use. In order to improve those problems, this study developed the runoff model by applying not only Manning-Strickler's equation but also Chezy's mean velocity equation. Furthermore, this study introduced a power law of exponential friction factor expressed by the function of roughness height. The distributed model developed in this study is applied to 6 events of fan-shape basin, oblong shape test basin and Anseongcheon basin as real field conditions. As a result the model is found to be excellent in comparison with the exiting runoff models using for practical engineering application.

• Journal of the Korea Society of Computer and Information
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• v.24 no.12
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• pp.157-166
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• 2019

Globally, various disasters such as typhoons, floods, earthquakes, fires, explosions have caused work to be halted. If there is a large-scale disaster at public institutions in charge of major national affairs and their works are interrupted, not only will there be property damage, but there will also lead to a decline in national credibility and direct and indirect impacts on the people. Therefore, it is necessary to ensure continuity of operation by minimizing the interruption period of critical operations due to disasters. Overseas advanced countries such as the United States and Japan developed guidelines for Continuity of Operation (COOP) to prevent unexpected work disruptions caused by disasters. Recognizing the necessity of COOP in South Korea, a relevant law has been newly established in 「the Framework Act on the Management of Disasters and Safety」 to enable public institutions to establish the COOP in response to this situation. In this study, the definition, the necessity and overseas cases of COOP were investigated and described. Using the templates developed by these results, operational impact analysis, risk assessment, operational continuity strategies and operational continuity procedures were applied to "A" City Hall in Gyeonggi-do province and those results were described. The objective of this study is to substantially contribute to the introduction of COOP to local governments through their pilot application and implications of COOP.

• Journal of the Korea institute for structural maintenance and inspection
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• v.21 no.3
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• pp.130-137
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• 2017

The purpose of this study is to provide a reasonable analytical method for the reinforced concrete beams which shows failure mode of shear and flexure-shear by proposing a modified formulation to consider the effect of shear deformation on the beam-column fiber element based on the flexibility method and a new constitutive law of inelastic shear response history for the section. A total of 6 specimens of reinforced concrete beams which is designed to cause shear failure before yielding longitudinal reinforcement to investigate the influence of the main experimental variables on the shear behavior characteristics and the analysis was performed by using a non-linear finite element analysis program (RCAHEST) applying the newly modified constitutive equation by the authors. The failure mode and the overall behavior characteristics until fracture are predicted appropriately for all specimens and the results are expected to be useful enough for the 3 - D analysis to carry out reliable results of large-scale and complicated structures in the future.