• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• Journal of the Korean Geographical Society
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• v.45 no.2
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• pp.221-239
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• 2010

The lineage village is a very characteristic form of village in Korea. Although it was known as having established on the base of the Lineage Law, the complexities of political and economical structures played an important role in the process of establishing the village. The continuous political struggles between the scholar officials forced them to abuse the blood ties as well as the academic and regional relation. Using the disorder of land ownership system, the ruling elite made chances to expand the private land ownership, and these became the fiscal background of the formation of the lineage village and the agglomeration. The capital area's lineage villages were used of fiscal background by scholar officials lived in Hanyang. In the reason of political struggle, the initiator came to Osan-ri in late 16th Century. And in early 17th century, with a government dignitary, Shin Kye-Young, and with the reproduction of population, Osan-ri formed a typical lineage village with many clan households in the late of 17th century.

• Journal of Cadastre & Land InformatiX
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• v.51 no.2
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• pp.51-72
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• 2021

The purpose of this study is to explain the types and causes of errors in zoning data that occur in the topographic map notification procedure, and to prepare a data maintenance plan. In Korea, like the United States, law-based land use regulation is dominant. In other words, according to the land use regulation method in the Act, the government designates zoning for all lots in the country, and landowners check the land use regulations of their land through the Korea Land use Information System. The land use plan confirmation document is important land information that affects the results of administrative dispositions such as land transactions between individuals or permission for development activities. However, there are data errors that occur during the current topographic map notification procedure and data construction process. Therefore, four local governments that can verify data by type were selected in consideration of local government conditions. A number of errors are first, errors in data construction and management in the Korea Land use Information System, and second, errors in lack of expertise that occur while the local government officials maintain data. Third, it was analyzed as an error from the relationship between the serial cadastral map and the zoning DB. Based on the above results, it is hoped that the results of this study will be reflected in the establishment of the KLIP and the reform of the legal system, which is currently underway after the establishment of the 「3rd the Korea Land use Information System Construction Plan」.

• Journal of Korean Society for Geospatial Information Science
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• v.17 no.4
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• pp.113-119
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• 2009

In Ubiquitous Information society, real shape of spatial information and accurate position information are required. Spatial information standardization is needed to service for the people. International standard was defined to ensure compatibilities of various standards, technologies, and terminologies and to promote mutual trade certain criteria and standard forms were established through international agreement. International standard is made by International Organization for Standardization, and International Standard Organization Technical Committee 211 manages the geographic information field. ISO TC 211 is working on LADM (Land Administration Domain Model) which defines administration law and spatial surveying component related to land and efficiently manages data and land systems of the countries. This study introduced processing of standardization of a surveying package which is related with LADM and comparing it with Korea Cadastral information system.

• Journal of Korea Spatial Information System Society
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• v.8 no.3
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• pp.39-50
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• 2006

Rapid growth of the domestic economy caused a lot of the demand of land information. The land information system has to keep the records of the various data about land that includes its owner and usages. Also the system must present adequate results that have been accumulated upon a user's request. Since Korean Government enforces 'Law of National Land Usage and Management', the land in rural area was also tightly regulated as much as that in the urban area. In fact, when people wants to develop their land, then they realize that their land has many restrictions and regulations to use. Sometimes, they find many regulations and restrictions even in a parcel. Thus, many people quite often want to know all the laws, rules, regulations, and restrictions etc., whatever applicable on the land they are interested in. to use. The purpose of this paper is to show a legal service system that precisely presents all the related laws, regulations, and restrictions. for a piece of the land. It summarizes the search results on users' requests. It uses a knowledge-based expert system to figure out the users requests. In this paper, we designed the system architecture of the software, and implemented its prototype. The results on this system show more concise and user friendlier than those of the existing systems.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.281-310
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• 2008

An understanding of importance of port has increased according to the in and out environment changes surrounding port. And the jurisdiction of physical distribution including port logistics integrated to Ministry of Land, Transport and Maritime Affairs. It is a good time for review the related port law once more. Present related port law has no problems itself. But because there are many laws about port, so overlap is shown in many aspects. According to this viewpoint, this study has focused to reduce the overlap in the contents of the laws and propose the improvement methods. So as to achieve this goal, I divided study fields into three aspects. The first is the subject of port management and second is the object of port management, the third is contents of port management. And also improvement plan provided in three aspects. Improvement plan is as follows. Firstly, the diversity of management subject is reduced considerably due to the integration of government organization but the problem which what laws among the various laws would adopt to same object is still remained. So it is necessary to make into one or two laws. Secondly, in the case of object of port management, it is essential to cover the port, port facilities and port hinterland with one comprehensive law. Therefore it is important to adjust the related clauses in various laws. Thirdly, in connection with the contents of port management, port development plan or other related port business and etc. described in various laws have to cordinated. At the same time, it is desirable that the similar terminology used in various laws would be unified.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.83-109
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• 2016

Recently, China has brought many political, economical, and ideological changes in order to complete the "socialistic market economy." In terms of legal system, they make much effort to seek compatibility and stability of law and order. China recognizes that the breakdown of corruption, which is rampant in society, is an essential short-cut for national development. To realize anti-corruption reformation, it strengthens the supervision of relatives and close officials of high-ranking government officials. Recently, China has suffered from expanded trade disputes internationally and has also experienced severe management-labor conflicts domestically due to economic recession. From 2012 onward, civil lawsuit and other litigations have increased sharply. Also, they face severe conflicts in the land system. It is expected that many disputes arise due to speculation on rural housing. Meanwhile, Mongolia expands the size of trade with Korea in mutual cooperation since their diplomatic relation in 1990 by entering more than 20 treaties and agreements. As Mongolia has rich natural resources and Korea is equipped with advanced science and technology, the two countries have opportunities to develop mutually beneficial cooperative relations. Recently, the arbitration system has attracted attention instead of litigation as a means of dispute settlement in line with the expansion of trade between Korea and Mongolia. This study would be helpful to figure out desirable methods for dispute settlements in case of trade disputes among Korean companies that would advance into China and Mongolia.

• Ocean and Polar Research
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• v.30 no.1
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• pp.119-128
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• 2008

Japan's new Basic Ocean Law took effect in 20 July 2007. This law contains that 1) calls for the consolidation of eight government offices that previously worked separately on maritime issues; 2) establishes a basic plan for maritime matters, and; 3) creates a comprehensive maritime policy headquarters, run by the Prime Minister. The result is a structure for the integrated promotion of maritime policy. The Minister of Land, Infrastructure and Transport has been appointed to the newly established position of maritime minister. Japan has been in conflict with Korea and China over EEZ and territory, which has caused the country to turn to ocean. If Japan puts more emphasis on sea, it will be on a collision course with neighboring countries such as Korea, China, Russia, and Taiwan. Japan has been at odds with these countries; with Korea over Dokdo islets, with China over the Senkaku Islands and the East China Sea, where gas fields lie, with Taiwan over fishery rights in the East China Sea, with Russia over the Kuril Islands. Korea's position about the establishment of Japan's new Basic Ocean Law is followed: 1) expression of Korea's position in maritime resourcces of east china sea, 2) understand of strategy for maritime resources development and maritime delimitation in China and Japan, 3) a caution for extention of EEZ and maritime activities, 4)effective and comprehensive policy establishment, and strength in R&D, 5) construction of active and responsive system for maritime issues in neighbor country.

• Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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• 2006.04a
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• pp.491-494
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• 2006

Many urban-plan facilities were settled by the government in the need of infrastructure due to the rapid urbanization. The Constitutional Court judged that the exclusion of land-owners' private right to use their land did not accord with the Constitution, and the infringement of their right because of currently unexecuted facilities became the urgent task to be solved due to the revision of the Urban plan law revised on January 28, 2000. Accordingly, the government needed to establish a complete plan to review and rearrange the long-term unexcuted urban plan facilities. For this plan to be successful, we have constructed the database of unexecuted urban plan facilities by using GIS analysis technique in this research. Further, we will construct a basic database to manage the unexecuted urban plan facilities by utilizing the database we have constructed, computerized geographical information files of LMIS, urban plan facilities data of UPIS, and other information.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.139-163
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• 2010

Companies make a great effort for saving costs because a rise in logistics costs weaken trade companies competitive position in the international market. Therefore it is important for companies and government to enhance logistics competitive. This article focus on the logistics laws and policies to improvement companies competitiveness and save logistics costs. It has researched from the point of view rather government basis than company basis. Korean Logistics policies have some fundamental problems that the law and policies are spreaded to several administrations such as, Ministry of Knowledge Economy, Ministry of Land, Transport and Maritime Affairs etc. We propose the solutions as follows; First of all, we review the laws and policies on logistics and point out the problems. Second, setting up the principle of Korean Logistics Policies according to the changes in international logistics paradigm and circumstances. Third, adjustment of systems and tasks of administrations related to logistics. Fourth, innovation plan for logistics policies. The plan can carry out two ways demonstration business and diffusion business in order.