• Journal of Arbitration Studies
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• v.13 no.2
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• pp.103-122
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• 2004

Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

• Journal of Radiation Protection and Research
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• v.42 no.4
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• pp.222-228
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• 2017

Background: On June 18, 2017, Korea's first commercial nuclear reactor, the Kori Nuclear Power Plant No. 1, was permanently suspended, and the capacity of nuclear power generation facilities will be adjusted according to the governments denuclearization policy. In these circumstances, it is necessary to assess the quality of radiation safety management in nuclear power plants in Korea by evaluating the radiation dose associated with them. Materials and Methods: The average annual radiation dose per unit, the annual radiation dose per person, and the annual dose distribution were analyzed using the radiation dose database of nuclear reactors for the last 5 years. The results of our analysis were compared to the specifications of the Nuclear Safety Act and Medical Law in Korea. Results and Discussion: The annual average per unit radiation dose of global major nuclear power generation was 720 man-mSv, while that of Korea's nuclear power plants was 374 manmSv. No workers exceeded 50 mSv per year or 100 mSv in 5 years. The individual radiation dose according to occupational exposure was 0.59 mSv for nuclear workers, 1.77 mSv for non-destructive workers, and 0.8 mSv for diagnostic radiologists. Conclusion: The radiation safety management of nuclear power plants in Korea has achieved the best outcomes worldwide, which is considered to be the result of the as-low-as-reasonably-achievable (ALARA) approach and strict radiation safety management. Moreover, the occupational exposures were also very low.

• Fisheries and Aquatic Sciences
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• v.25 no.3
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• pp.167-174
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• 2022

Despite the beneficial aspect of fish consumption, bioaccumulation of toxic metals such as arsenic (As) and mercury (Hg) can enhance the health risk for the consumers. Arsenic and Hg concentrations were measured in edible tissue and two targeted organs, namely gill and liver of longtail tuna species (Thunnus tonggol) from Terengganu waters, including Kuala Besut, Kuala Terengganu, Dungun and Kemaman. The concentration of As and Hg were analysed by using inductively coupled plasma- mass spectrometry. The mean concentrations of both elements were significantly different (p < 0.05) among the locations and targeted organs. The hierarchy of As and Hg mean concentrations in muscle samples were Dungun > Kuala Besut > Kemaman > Kuala Terengganu. The mean concentration of As in all samples, including muscle, exceeded the permitted level set by Malaysia Food Act. Estimate Weekly Intake (EWI) was conducted to assess the health risk effect, and 63 kg was used as the average body weight of Malaysian adults. However, the EWI values show that the weekly intake of As and Hg does not exceed the provisional tolerable weekly intake limit suggested by Food and Agricultural Organization for the United Nations and is considered safe to be consumed.

• Nuclear Engineering and Technology
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• v.55 no.2
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• pp.555-565
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• 2023

Despite many advantages as structural materials, austenitic stainless steels (SSs) have been avoided in many next generation nuclear systems due to poor void swelling resistance. In this paper, we report the results of heavy ion irradiation to the recently developed advanced radiation resistant austenitic SS (ARES-6P) with nanosized NbC precipitates. Heavy ion irradiation was performed at high temperatures (500 ℃ and 575 ℃) to the damage level of ~200 displacement per atom (dpa). The measured void swelling of ARES-6P was 2-3%, which was considerably less compared to commercial 316 SS and comparable to ferritic martensitic steels. In addition, increment of hardness measured by nano-indentation was much smaller for ARES-6P compared to 316 SS. Though some nanosized NbC precipitates were dissociated under relatively high dose rate (~5.0 × 10^-4 dpa/s), sufficient number of NbC precipitates remained to act as sink sites for the point defects, resulting in such superior radiation resistance.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.46 no.3
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• pp.32-40
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• 2023

Recently, there are some outdoor floor advertising lighting devices as one of the active marketing methods. However, for outdoor use, there are many restrictions due to the Outdoor Advertisement Act, according to requiring high-output heat generation, waterproofing, and AC power, etc. The purpose of this study is to develop a Duo Light product optimized for indoor use through publicity and information guidance in normal times and automatic evacuation route guidance display in case of disaster, in conjunction with disaster safety. To that end, patent search and patent association analyses were conducted, and a comparative analysis with commercial products was conducted as a case study. In addition, prototypes were designed and produced through the review of operation principles, where field environment surveys and self-tests were conducted. Also, technology roadmaps were presented by preparing plans for expandability and advancement of products. For the analysis of technology commercialization, the feasibility of technology commercialization was examined through the analysis of Jolly's Model and Lean Canvas Model. The results of this study will be able to contribute to minimize human damage through the effective response to disasters, which can increase the effect of indoor advertising by using the proposed indoor floor advertising lighting device in advertising and disaster situations.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.9-43
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• 2005

The Korean government established her first "National Space Program" in 1996, and revised it in 2000 and 2005. As embedded in the National Space Program, Korea aims to become one of the world's top countries in space technology by 2010. All of 13 satellites are planned to be put into orbit as schematized, which include 7 multi-purpose satellites, 4 science satellites and 2 geostationary orbit satellites. The Space Center in Korea is to be built at Woinara-Do, Bongrae-Myon, Koheung-Goon, Junlanam Province on the southern coast of the Korean peninsular. The first phase of the construction of the space center will be finished by 2007 for launch of KSLV-l. This will make Korea be the 13th advanced country in space development having a launching site in the world. The "Space Center" will serve as the infrastructure for the development of space technology and related technology, and plan to launch a low earth orbit satellite in 2007. A second science satellite made in Korea will be launched from the space center by 2007. From 2010, the center will be operated on a commercial basis operating launch facilities for low-to mid-altitude orbit satellites. Since the 'Aircraft Industry Promotion Act' was replaced by the 'Aerospace Industry Development Promotion Acf of 1987, this Act had been amended seven times from 1991 year to 2004. Most of developed countries has been enacted the space law including the public or private items such as an (1)DSA, (2)Russia, (3)the United Kingdom, (4)Germany, (5)France, (6)Canada, (7)Japan, (8)Sweden, (9)Australia, (10)Brazil, (11)Norway, (12)South Africa, (13)Argentina, (14)Chile, (15)Ukrainian etc. As the new Space Exploration Promotion Act was passed by the resolution of the Korean Congress on May 3, 2005, so the Korean government has made the public proclamation the abovementioned Act on May 31, this year. This Act takes effect on December 1, 2005 after elapsing six months from the date of promulgation. The main contents of Space Exploration Promotion Act of 2005 is as the following (1)establishing a basic plan for promoting space exploration, (2)establishment and function of national space committee, (3)procedure and management of domestic and international registration of space objects, (4)licensing of launch by space launch vehicles, (5)lability for damages caused by space accidents and liability insurance, (6) organizing and composition of the space accident investigation committee, (7)Support of non-governmental space exploration project, (8)Requesting Support and Cooperation of Space Exploration, (9)Rescue of Astronauts and Restitution of Space Objects, etc.. In oder to carry out successfully the medium and long basic plan for promoting space exploration and to develope space industry in Korea, I think that it is necessary for us to enlarge and to reorganize the function and manpower of the Space Technology Development Division of the Ministry of Science & Technology and the Korea Aerospace Research Institute. Korea has been carrying out its space program step by step according to the National Space Program. Korea also will continually strengthen the exchange and cooperation with all the countries in the world under the principle of equality, friendship relations and mutual benefits. Together with all other peoples around the globe, Korea will make due contribution towards the peaceful utilization of space resources and promotion of human progress and prosperity.

• Journal of Internet Computing and Services
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• v.17 no.4
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• pp.145-159
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• 2016

This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.87-107
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• 2005

Land Remote Sensing' is defined as the science (and to some extent, art) of acquiring information about the Earth's surface without actually being in contact with it. Narrowly speaking, this is done by sensing and recording reflected or emitted energy and processing, analyzing, and applying that information. Remote sensing technology was initially developed with certain purposes in mind ie. military and environmental observation. However, after 1970s, as these high-technologies were taught to private industries, remote sensing began to be more commercialized. Recently, we are witnessing a 0.61-meter high-resolution satellite image on a free market. While privatization of land remote sensing has enabled one to use this information for disaster prevention, map creation, resource exploration and more, it can also create serious threat to a sensed nation's national security, if such high resolution images fall into a hostile group ie. terrorists. The United States, a leading nation for land remote sensing technology, has been preparing and developing legislative control measures against the remote sensing industry, and has successfully created various policies to do so. Through the National Oceanic and Atmospheric Administration's authority under the Land Remote Sensing Policy Act, the US can restrict sensing and recording of resolution of 0.5 meter or better, and prohibit distributing/circulating any images for the first 24 hours. In 1994, Presidential Decision Directive 23 ordered a 'Shutter Control' policy that details heightened level of restriction from sensing to commercializing such sensitive data. The Directive 23 was even more strengthened in 2003 when the Congress passed US Commercial Remote Sensing Policy. These policies allow Secretary of Defense and Secretary of State to set up guidelines in authorizing land remote sensing, and to limit sensing and distributing satellite images in the name of the national security - US government can use the civilian remote sensing systems when needed for the national security purpose. The fact that the world's leading aerospace technology country acknowledged the magnitude of land remote sensing in the context of national security, and it has made and is making much effort to create necessary legislative measures to control the powerful technology gives much suggestions to our divided Korean peninsula. We, too, must continue working on the Korea National Space Development Act and laws to develop the necessary policies to ensure not only the development of space industry, but also to ensure the national security.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.29-73
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• 2012

Aviation safety is the State and industry's top priority and more scientific approaches for fatigue management should be needed. There are lately various studies and regulation changes for crew fatigue management with ICAO, FAA and EASA. ICAO issued the provisions of fatigue management for flight crew since 1st edition, 1969, of Annex 6 operation of aircraft as a Standards and Recommended practice(SARPs). Unfortunately, there have been few changes and improvement to fatigue management provisions since the time they were first introduced. However the SARPs have been big changed lately. ICAO published guidance materials for development of prescriptive fatigue regulations through amendment 33A of Annex 6 Part 1 as applicable November 19th 2009. And then ICAO introduced additional amendment for using Fatigue Risk Management System (FRMS) with $35^{th}$ amendment in 2011. According to the Annex 6, the State of the operator shall establish a) regulations for flight time, flight duty period, duty period and rest period limitations and b) FRMS regulations. The Operator shall implement one of following 3 provisions a) flight time, flight duty period, duty period and rest period limitations within the prescriptive fatigue management regulations established by the State of the Operator; or b) a FRMS; or c) a combination of a) and b). U.S. FAA recently published several kinds of Advisory Circular about flightcrew fatigue. U.S. passed "Airline Safety and FAA Extension Act of 2010" into law on August 1st, 2010. This mandates all commercial air carriers to develop a FAA-acceptable Fatigue Risk Management Plan(FRMP) by October 31st, 2010. Also, on May 16, 2012, the FAA published a final rule(correction) entitled 'Flightcrew Member Duty and Rest Requirements; correction to amend its existing prescriptive regulations. The new requirements are required to implement same regulations for domestic, flag and supplemental operations from January 4, 2014. EASA introduced a Notice of Proposed Amendment (NPA) 2010-14 entitled "Draft opinion of the European Aviation Safety Agency for a Commission Regulation establishing the implementing rules on Flight and Duty Time Limitations and Rest Requirements for Commercial Air Transport with aeroplanes" on December 10, 2010. The purpose of this NPA is to develop and implement fatigue management for commercial air transport operations. Comparing with Korean and foreign regulations regarding fatigue management, the provisions of ICAO, FAA, EASA are more considering various fatigue factors and conditions. Korea regulations should be needed for some development of insufficiency points. In this thesis, I present the results of the comparative study between domestic and foreign regulations in respect of fatigue management crew member. Also, I suggest legal proposals for amendment of Korea Aviation act and Enforcement Regulations concerning fatigue management for crew members. I hope that this paper is helpful to change korea fatigue regulations, to enhance aviation safety, and to reduce the number of accidents relating to fatigue. Fatigue should be managed at all level such as regulators, experts, operators and pilots. Authority should change surveillance mind-set from regulatory auditor to expert adviser. Operators should identify various fatigue factors and consider to crew scheduling them. Crews should strongly manage both individual and duty-oriented fatigue issues.