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The Legal Theory on the Civil Execution against Aircraft (항공기 집행에 관한 법리)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.83-153
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    • 2015
  • As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.

Usefulness of "Volumetrix Suite" with SPECT/CT (SPECT/CT 영상에서 Volumetrix Suite의 유용성)

  • Cho, Seung-Wook;Shin, Byeong-Ho;Kim, Jong-Pil;Yoon, Seok-Hwan;Kim, Tae-Yeub;Seung, Yong-Joon;Moon, Il-Sang;Woo, Jae-Ryong;Lee, Ho-Young
    • The Korean Journal of Nuclear Medicine Technology
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    • v.14 no.2
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    • pp.166-171
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    • 2010
  • Purpose: The SPECT/CT is able to acquire diagnostic information resolved the difficult problems that discriminate regions of focals by intergrating functional images and anatomical images. We introduce the usefulness of "Volumetrix Suite" which can describe 3D images by the convergence of the SPECT/CT images and reference CT images. Materials and Methods: We applied Volumetrix Suite program (Volumetrix IR, Volumetrix 3D) to patients, Bone, Venography, Parathyroid, WBC, taken diagnostic CT examination which have same regions of focal in Seoul Metropolitan Government Seoul National University Boramae Medical Center. After acquiring SPECT/CT images and reference CT images, we fused a couple of scans applying for this programs. The CT scan of Infinia Hawkeye 4 shows limitation of anatomical information. For this reason, we tried to transfer CT images that have lots of diagnostic informations as the form of Dicom file in PACS, and changed from 2D images to 3D images after image registering in Xeleris Workstaion of Hawkeye 4. Results & Conclusion: By using Volumetrix Suite program, we're able to acquire more accurate anatomical informations with 3D rendering which can distinguish both location and range of focals in Infinia Hawkeye 4. Thus, the result of utilizing this program indicate that nuclear medicine anatomical images can be improved by providing more diagnostic imformations produced by its program.

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Improvement of a Tree Cutting Permit System with Respect to Timber Logger's Consciousness (벌채업 관련자의 의식 조사를 통한 현행 벌채제도의 개선)

  • Park, Kyung-Seok;Lee, Seong-Youn;Choi, In-Hwa;Kim, Hyun-Sig;Ahn, Young-Sang;An, Ki-Wan
    • Journal of Korean Society of Forest Science
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    • v.101 no.4
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    • pp.710-721
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    • 2012
  • This study is to find out the search of the desirable tree cutting permit system by investigating and analyzing timber logger's consciousness in Korea. A sample group, including 64 officers in 5 Regional Forest Services and 27 National Forest Stations, 161 local government of 322 officers and team leaders with cutting permits, and 308 tree loggers was surveyed. The survey results showed that the ongoing harvest year plan for national, public and private-type forests, which was applied differently, could be integrated as 3.73 points, which was not significant among the groups. A total of 95.1% of the national forest officers stated that the environmentally friendly harvesting system could be improved and that it is exempted from bad broadleaf trees and renewal of forest type (4.14 points). An environmentally friendly harvesting system including the type of forest and location status (slide, soil, etc) is needed (3.87 points). Additionally, the round timber purchased from tree loggers managed in 2009 was about 10.6% of the domestic timber supply ($3,176,000m^3$) and round timber sales were about 50.1%. A total of 72% of the loggers suggested that a environmentally friendly harvesting system is needed (4.11 points). These results show that a new system for harvesting timber is needed to replace the current environmentally unfriendly harvesting system, and that tree loggers should be registered for management.

A Study of Unregistered Manufacturing Plants: Their Problems and Alternative Policies (首都圈 無登錄工場 問題와 對策에 관한 硏究)

  • Hwang, Man-Ik
    • Journal of the Korean Geographical Society
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    • v.31 no.3
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    • pp.489-507
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    • 1996
  • The purpose of this study is to examine the increasing number of unregistered manufacturing plants and related problems, and to recommend alternative solutions to the problems. Data are obtained from a field survey of randomly selected small scale manufacturing plants in Seoul and its suburban cities. A total number or respondents are 533, and 416 of them are unregistered plants. The Capital Regional Planning has had a goal during last three decades to lead a balanced regional economic development by restriction manufacturing plants in the Capital Region and by encouraging them in other regions in the nation. It was 1984 when a comprehensive planning was established to achieve this goal. Sets of various regulations, by-laws and codes have been implemented to regulate manu-facturing activities in the Capital Region to achieve the goal. The region is divided into three sub-regions, and a different degree of regulations is applied to each sub-region. Only a certain types of industries are allowed in a particular sub-region. For instance, a plant manufacturing high-technology products could be allowed in the most urbanized sub-region. All manu-facturing plant in the Capital Region which has ares size of larger than 200"\;"$m^2$ is compulsory to register to the local government office. In practice, however, it is not common or sometimes almost impossible to get approval for many applicant manufacturers because of strict regulations. There have been increasing number of plants in the Capital Region during last several decades, despite the strict regulations. Many of those newly established plants are without formal registration at the local administration office. howerver. These are so called 'unregisterd' plants. Surveyed data and many government official data show that many of unregistered plants have been established in recent years. which indicate that current regulations are no longer effective. The number of unregistered plants are increasing tin the Capital Region because of many locational advantages in the region for plants, particularly those in small scale. Unregistered plants are the source of many problems, such as local water pollution or noise pollution in residential areas. There are also many administration problems, bed\cause they are not registered. The central government has attempted to cure the problems of unregistered plants. For example, the government allowed a unregistered plant to remain at present site for three ydars, if it met certain conditions in three years. However, this program was unsuccessful because many of those plants were not able to meet the concitions. Three times the government renewed the term for those which did not meet conditions since 1989, but it was afraid to be without success. There are many evidences that current policies to control manufacturing plants are not effective. The Capital Region must face mounting problems if ploicies are not reformed soon. This study suggests that the policy of the Capital Regional Planning has to be reoriented to provide more favorable policies for manufacturing plants in the Capital Region than current regulations which is aimed to restrict manufacturing activities. It is time to improve many existing problems in the region through reforms and of current regulations to foster unregistered plants. This study also proposes many smaller-area sub-divisions instead of current three large area sub-regions which is too broad to apply single kind of regulation, or codes. Flexible regulations and codes can be applied to such a small-area sub-divivisions based on location and industrial characteristics of the individual sub-divisions. It is necessary to provide decent industrial environment in the Capital Region, which is best equipped to provide many favorable industrial locational factors in the nation, thus this nation can be further prepared to compete in an inter-national market at an era of globalization in manufacturing.

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Analysis and countermeasure of causes of inducing violence of private security companies on the actual sites of administrative execution by proxy (행정대집행 현장에서 민간경비업체의 폭력 유발 원인 분석과 대책)

  • Choi, Kee-Nam
    • Korean Security Journal
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    • no.18
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    • pp.119-141
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    • 2009
  • Administrative execution by proxy is one of forced executions of administration and is also called as "enforced execution by proxy" in which administration institutions or the third party executes by proxy on behalf of parties who did not execute obligations under administration law and files claims to compensate expenses required in the proxy execution. Despite the actual site of administrative execution by law, social problems are generated because various violence and behaviors of infringement of human rights between executer and obligator are rampant and thus causing human damages since forced execution by physical force is carried out and cases of police indictments and petition to human rights committee are gradually increasing. Majority of people mobilized in this actual site of violence are supplied by private security companies which provide service contract and mobilization of people without qualification of guards or security service and irrational execution by proxy and violent actions by so-called service hooligans connected to violence organizations are now becoming social issues. In these actual sites of violence, structurally very complicated problems such as economic rights, right of residence, struggle for living, and intervention by outsiders are contained. This thesis has analyzed causes of outbreaks of violence and discussed about improvement countermeasure by paying attention to mobilization of people by private security companies. As the result, through revision and improvement of laws and systems, execution institution and policemen must be present at actual sites of execution by proxy to control physical execution of private security companies to be carried out legally and when violent collisions are occurring, it shall be stipulated that police should immediately intervene. Practices of execution by proxy of execution administration institutions shall be avoided and causes of occurrences of violence shall be eliminated by discrete decisions of execution by proxy, elimination of service contract conditions focused on accomplishments, and stipulation of responsibility of execution institutions when problems occur. Practices of solving petitions through collective actions of obligators shall be eliminated and strict enforcement of laws such as disturbance of official execution or compensation claims for expenses of execution by proxy must be carried out and intervention by the third parties must be intercepted. Mobilization of manpower by security companies shall be limited to people with prior registration who have acquired and finished qualification and education by security business law and before putting them on actual sites, it shall be obliged that execution plan with clear written records of working location, mission, and work rules must be submitted in advance to police station in charge and also they must be controlled to follow laws and statutes such as uniform and equipments. In addition, personal criminal responsibility for violent actions must be clearly stipulated and advanced securing soundness of security companies such as limits of service contracts with records of accidents is required. Order placement behaviors of special organizations under the pretext of rehabilitation business must be eradicated and companies with capability and strong intention of observation of laws must be able to receive orders by intercepting chains of contracts and sub-contracts. Issues of improvement countermeasure of social problem, living, and compensation including rights of residence and environment are excluded from the discussion.

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Research on the Prototype Landscape of Former Donam SeoWon Located in YeonSan (연산 돈암서원(豚巖書院) 구지(舊址)의 원형경관 탐색)

  • Rho, Jae-Hyun;Choi, Jong-Hee;Shin, Sang-Sup;Lee, Won-Ho
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.30 no.4
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    • pp.14-22
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    • 2012
  • The position, size and landscape of the former Donam SeoWon as well as the physical organization of the old site, are studied to extract data for the enhancement of the authenticity of Donam SeoWon since its registration as a world heritage site. The results are as follows. The 'Donam(豚巖)' encaved rock, the tombstone of teacher Sagye(沙溪), Kimjipsadang(金集祠堂), the head of the Gwangsan Kim family, the Sagye stream in front of them, and the Gyeryong and Daedun mountains in the distance are united in the former Donam SeoWon as landscape elements that clearly show the characteristics of the former site, which was called 'Donam-Wollim(豚巖園林).' Moreover Yangseongdangsipyoung(養性堂十詠), adds the garden elements of a medical herb field, twins pond, a bamboo forest, a school, and a peach field. On this site, one can also engage in activities that are related to the land and are closely related to Neo-Confucianism such as fish watching, conferencing, visit in seclusion(訪隱), looking for monks, and overseeing farming. The former site facing east is assumed to have Sau(祠宇) - Eungdodang(凝道堂) - Ipdeokmum(入德門) - Sanangru(山仰樓: estimated). Jeonsacheong seems to have been located to the left of the Sau area, Yangseongdang, which contained upper and lower twin lotus ponds, on the right and was surrounded by various plants. As it has been used as a lecture hall for the past 250 years, the former Donam SeoWon, located 1.8km away from the current area, must be preserved, and the landscape should be formed to establish the authenticity of Donam SeoWon.