• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.101-118
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• 1993

Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

• Journal of Korean Library and Information Science Society
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• v.54 no.2
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• pp.111-130
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• 2023

With the arrival of the knowledge information society, records as assets have become increasingly important. As defined in ISO 30300, records must be actively utilized to contribute to organizational management and generate added value. To create added value through records, their utilization must be prioritized. While countries like the UK, New Zealand, and Australia recognize records as assets and propose record assetization policies, specific measures for managing records as assets have yet to be suggested. To address this gap, we analyze Directive (EU) 2019/1024, established by the EU, to facilitate commercial use and promote accessible public information. We derive seven characteristics from the analysis and extract insights from Italian policies and actual implementation cases that reflect them in accordance with the regulations of the EU guidelines. In addition, the correlation between the Public Data Act and the Public Records Act in Korea was revealed, and points that could reflect Directive (EU) 2019/1024 in Korea were derived. Through this study, it is expected that public data will be treated as information assets and serve as a stepping stone for preparing information assetization policies for records.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.37-62
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• 2016

Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

• Journal of Environmental Science International
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• v.16 no.2
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• pp.219-225
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• 2007

Endocrine disrupting compounds (EDC's) are chemicals that either mimic endogenous hormones interfering with pharmacokinetics or act by other mechanisms. Some endocrine disrupters were reported to be chemical substances that cause apoptosis in cells. A number of reports have indicated that 1,3-DCP, one of the EDC's may act as an endocrine disrupter and also has possible carcinogenic effects. 1,3-DCP, present in commercial protein hydrolysates used for human nutrition, are genotoxic and 1,3-dichloro-2-propanol induced tumors in rats. In the present study, it was investigated whether 1,3-DCP induces ROS generation and apotosis in A549 adenocarcinoma cells. Here we show that 1,3-DCP inhibits the growth of lung cancer cell lines and generates reactive oxygen species (ROS), a major cause of DNA damage and genetic instability, It was investigated that 1,3-DCP increases G1 phase cells after 12 hours, thereafter abruptly draws A549 cells to G0 state after 24 hours by flow cytometric analysis. 1,3-DCP induces p53 and $p21^{Cip1/WAF1}$ activation time- and dose-dependently by 24 hours, while the level $p21^{Cip1/WAF1}$ was decreased after 48 hours. These results suggest that 1,3-DCP, an EDC's generates ROS and regulates genes involved with cell cycle and apoptosis.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.3-36
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• 2005

Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

• Journal of rehabilitation welfare engineering & assistive technology
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• v.11 no.2
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• pp.187-198
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• 2017

In this study, we analyzed the accessibility of open platform Android mobile banking applications, based on Korean mobile application accessibility KS standard, Section 508 technical standard of Rehabilitation Act, and European BBC guidelines. Experimental result showed that there are no mobile banking applications of 8 commercial banks in Korea that satisfy all guidelines of three standards. Typical violations included missing alternative text, keyboard focus violations, control size and spacing non-compliance, and low contrast ratio. These violations are fatal in that they make the accessibility of the blind, the disabled and the low vision and the elderly impossible. The reason that mobile banking applications do not comply with accessibility is that mobile application developers and providers have low awareness of accessibility and do not know how to implement accessibility properly. Comparing Korea mobile application accessibility guidelines with the revised standard of the Section 508 of Rehabilitation Act and the BBC standard, many guidelines are missing. Also, evaluation criteria are ambiguous and abstract, making it difficult for developers to refer specifically. Therefore, improving mobile application accessibility requires developer and government efforts and complementation of standards.

• Journal of Korean Society for Atmospheric Environment
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• v.29 no.5
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• pp.601-614
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• 2013

The commercial charcoal kiln was projected the largest source of biomass burning sector in Korea. Commercial charcoal kiln was operated to emit air pollutants into the air without any air pollution prevention equipment. The object of this field survey was to understand characteristics of air pollutants concentration and emission factors and to provide preliminary data for effective processor from oak charcoal manufacturing process. As result of field survey, TSP, $PM_{10}$ and $PM_{2.5}$ concentration from charcoal kiln were 400~37,000 $mg/m^3$. These values were over the 100 $mg/m^3$ in TSP, this value was effluent quality standard of Clean Air Conservation Act. The average concentration of CO, $SO_2$ and TVOC were 2~5%. 0~110 ppm and 820~10,000 ppm respectively. The emission factors were 42.4 g-PM/kg-oak in TSP, 40.3 g-PM/kg-oak in $PM_{10}$, 38.2 g-PM/kg-oak in $PM_{2.5}$, 182.5 g-CO/kg-oak, 1.0 g-NO/kg-oak, $SO_2$ 0.2 g-$SO_2/kg$-oak and 104.4 g-TVOC/kg-oak. The part of commercial charcoal kiln had air pollution prevention equipment but it was difficult to work properly. Much wood tar excreted in exhaust emissions from oak charcoal manufacturing process. This wood tar was cause of many troubles sticking in the air pollutant prevention equipment. For handling particulate matters and gaseous air pollutants from oak charcoal manufacturing process in biomass burning, air pollutant prevention equipment design and management needs preprocessor for removal wood tar.

• Korean Journal of Environmental Agriculture
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• v.31 no.3
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• pp.217-223
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• 2012

BACKGROUND: Increase of heavy metals in agricultural ecosystem has become a social issue nationwide as it is related to public health. This study was performed to find out the status and long-term trends with consecutive application with the commercial liquid pig manure in the agricultural fields. METHODS AND RESULTS: Heavy metals including arsenic, cadmium, copper, lead, nickel, and zinc were analyzed in the 41 samples of paddy fields and 54 samples of upland fields consecutively applied with commercial liquid pig manure for 0 to 16 years. Heavy metal accumulation were not increased statistically at the both paddy and upland fields as the consecutive application year of commercial liquid pig manure were increased. However, some of surveyed upland soils exceeded the criteria of cadmium, copper, and zinc designated by the Soil Environmental Conservation Act in Korea. CONCLUSION: Therefore, analysis of heavy metals, specially copper and zinc, in agricultural fields is absolutely necessary before liquid pig manure application to the fields. In addition, heavy metal accumulation in agricultural fields following to the long-term application of liquid pig manure will be monitored periodically considering with bioavailability of copper and zinc to the crops as an essential nutrients.

• Korean Journal of Remote Sensing
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• v.35 no.2
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• pp.241-250
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• 2019

The current U.S. remote sensing act was made in 1992 and has been criticized for being outdated and inappropriate in view of the modern technological development. In order to enhance the American competitiveness and leadership in the world, President Trump announced Space Policy Directive (SPD) - 2 on May 24, which is designed to modernize the regulations related to commercial space activities including private remote sensing system operations. It should be noted that the regulatory reform efforts are made within broader terms of the National Security Strategy on Dec. 17, 2017, pursuing the enhancement of national security and economic prosperity as well. A legislative support in Congress has also been added to the Administration's efforts. The proposed regulatory reform on the licensing of commercial remote sensing system operations outlines the features of lessening administrative burden on applicants by simplifying the overall application process and of limiting the operations only when there is an impact upon the national security with clear and convincing evidence. But, due to a different regulatory system of each country, such a movement to expand an individual's freedom to explore and utilize outer space may result in an international dispute or a violation of international obligations, so there should be a merit in paying attention to the U.S. commercial remote sensing regulatory reform, and it is desirable to establish international norms as flexible and appropriate to the level of space technology and space industry.