• Title/Summary/Keyword: National responsibility system

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Analysis on the Responsibility and Exemption Clause of COLREG Rule 2 (국제해상충돌예방규칙 제2조에 따른 책임과 면책에 관한 분석)

  • Kim, Inchul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.54-63
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    • 2022
  • The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

A Study about the Direction and Responsibility of the National Intelligence Agency to the Cyber Security Issues (사이버 안보에 대한 국가정보기구의 책무와 방향성에 대한 고찰)

  • Han, Hee-Won
    • Korean Security Journal
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    • no.39
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    • pp.319-353
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    • 2014
  • Cyber-based technologies are now ubiquitous around the glob and are emerging as an "instrument of power" in societies, and are becoming more available to a country's opponents, who may use it to attack, degrade, and disrupt communications and the flow of information. The globe-spanning range of cyberspace and no national borders will challenge legal systems and complicate a nation's ability to deter threats and respond to contingencies. Through cyberspace, competitive powers will target industry, academia, government, as well as the military in the air, land, maritime, and space domains of our nations. Enemies in cyberspace will include both states and non-states and will range from the unsophisticated amateur to highly trained professional hackers. In much the same way that airpower transformed the battlefield of World War II, cyberspace has fractured the physical barriers that shield a nation from attacks on its commerce and communication. Cyberthreats to the infrastructure and other assets are a growing concern to policymakers. In 2013 Cyberwarfare was, for the first time, considered a larger threat than Al Qaeda or terrorism, by many U.S. intelligence officials. The new United States military strategy makes explicit that a cyberattack is casus belli just as a traditional act of war. The Economist describes cyberspace as "the fifth domain of warfare and writes that China, Russia, Israel and North Korea. Iran are boasting of having the world's second-largest cyber-army. Entities posing a significant threat to the cybersecurity of critical infrastructure assets include cyberterrorists, cyberspies, cyberthieves, cyberwarriors, and cyberhacktivists. These malefactors may access cyber-based technologies in order to deny service, steal or manipulate data, or use a device to launch an attack against itself or another piece of equipment. However because the Internet offers near-total anonymity, it is difficult to discern the identity, the motives, and the location of an intruder. The scope and enormity of the threats are not just focused to private industry but also to the country's heavily networked critical infrastructure. There are many ongoing efforts in government and industry that focus on making computers, the Internet, and related technologies more secure. As the national intelligence institution's effort, cyber counter-intelligence is measures to identify, penetrate, or neutralize foreign operations that use cyber means as the primary tradecraft methodology, as well as foreign intelligence service collection efforts that use traditional methods to gauge cyber capabilities and intentions. However one of the hardest issues in cyber counterintelligence is the problem of "Attribution". Unlike conventional warfare, figuring out who is behind an attack can be very difficult, even though the Defense Secretary Leon Panetta has claimed that the United States has the capability to trace attacks back to their sources and hold the attackers "accountable". Considering all these cyber security problems, this paper examines closely cyber security issues through the lessons from that of U.S experience. For that purpose I review the arising cyber security issues considering changing global security environments in the 21st century and their implications to the reshaping the government system. For that purpose this study mainly deals with and emphasis the cyber security issues as one of the growing national security threats. This article also reviews what our intelligence and security Agencies should do among the transforming cyber space. At any rate, despite of all hot debates about the various legality and human rights issues derived from the cyber space and intelligence service activity, the national security should be secured. Therefore, this paper suggests that one of the most important and immediate step is to understanding the legal ideology of national security and national intelligence.

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A Review on the Legal System for Natural Environment Conservation and Protected Areas Status in DPRK (북한의 자연환경 보전 법제 및 보호지역 현황 고찰)

  • Heo, Hag Young;Yu, Byeong-hyeok
    • Korean Journal of Environment and Ecology
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    • v.35 no.1
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    • pp.81-91
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    • 2021
  • The Democratic People's Republic of Korea did not have direct legislation on natural environmental conservation until the early 1970s when the regime was still in the early stage. The Law on Land was enacted in 1977 to provide the legal basis for protecting the natural environment, including land protection, protection zones, and forest formation and protection. The enactment of the Law on Environmental Protection in 1986 made progress on environmental conservation in the DPRK. The constitutional amendment in 1992 stipulated "the preservation and creation of the natural environment as the responsibility of the state." Based on the Framework Law on Environmental Protection, subordinate statutes in various fields were enacted after the1990s. While the committee designated and managed the protected zones in the early days, the Framework Law on Environmental Protection established the ground for the designation of legally protected areas, and the Law on Protection of Scenic Spots and Natural Monuments enacted in 1995, and the Law on Environmental Protection enacted in 2009 provided the details. Furthermore, the types of nature reserves include biosphere reserves, primeval forest reserves, animal reserves, plant reserves, and scenic reserves. The 2nd National Biodiversity Strategy and Action Plan established in 2007 based on the Convention on Biological Diversity(CBD) stated 326 protected zones in the DPRK. However, the 2018 United Nations list of Protected Areas shows only 31 registered zones, indicating the need to establish basic information on protected areas in DPRK. This study can provide basic information for a better understanding of the nature conservation system in the DPRK. Considering that environmental protection activities such as protection of endangered species and recovery of environmental pollution are subject to exceptions under the current sanctions against North Korea (UN Security Council, the United States), it will be possible to contribute to identifying possible inter-Korean cooperation projects in the field of the natural environment.

A study on the Integrated Analysis of Multi-ministrial R&D Program: Focused on the Next Generation Growth Engine Program (범부처 대형공동연구개발사업의 성과분석 사례연구: 차세대 성장동력사업을 중심으로)

  • Ahn, Seung-Ku;Hwang, Doo-Hee;Chung, Sun-Yang
    • Journal of Korea Technology Innovation Society
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    • v.13 no.1
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    • pp.68-98
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    • 2010
  • This study was conducted to analyze the results of the implementation of next-generation growth engine program that was promoted across all government agencies for five years from 2004 as part of a range of initiatives aimed at expanding the nation's economic growth potential. The results were analyzed in this study using five indices: program purpose and design; strategic planning; program management; program results; and pan-governmental agency cooperation and coordination. The results of the study include the following. First, regarding program purpose and design, it was found that consistent leadership in the promotion of the programs was insufficient as the relevant program promotion systems and financial resources were dispersed among governmental agencies, even though the objectives and validity of the programs were recognized. Second, with regard to strategic planning, it was found that although the program objectives and technical development strategy had been established at the beginning of the program, they were biased toward the technical objectives and mainly implemented by the technology suppliers. Third, regarding program management, it was found that the responsibility for general administration, ranging from task planning to policy improvement, was given to the appointed program director but that the system of cooperation among the agencies was insufficient to carry out the relevant tasks. Fourth, regarding the results of the program, it was difficult to understand the results consistently as the economic objectives were not clearly presented, even though the technical objectives were achieved despite the short implementation period of the program. Fifth, with regard to pan-governmental agency cooperation and coordination, it was found that the coordination organization whose remit was to implement the program was established pursuant to the Basic Law on Science and Technology, but that no detailed regulations or guidelines on the operation of the organization were drawn up. To efficiently plan and execute future pan-governmental agency R&D programs that are similar to the next-generation new growth engine program, various requirements should be met, namely, 1) joint planning and consistent program design among governmental agencies, 2) clarification of the program objectives and budget allocation system, 3) establishment of a pan-governmental agency program operation and assessment system, 4) formulation of a strategy for linking R&D with standardization, and 5) enactment of pan-governmental agency joint operation rules.

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Factors Affecting South Korean Disaster Officials' Readiness to Facilitate Public Participation in Disaster Management Using Smart Technologies (재난안전 실무자의 스마트 재난관리 준비도에 영향을 미치는 요인에 관한 실증 연구 - 스마트 기술을 활용한 재난관리 민간참여 중심으로 -)

  • Lyu, Hyeon-Suk;Kim, Hak-Kyong
    • Korean Security Journal
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    • no.62
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    • pp.35-63
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    • 2020
  • As the frequency and intensity of catastrophic disasters increase, there is widespread public sentiment that government capacity for disaster response and recovery is fundamentally limited, and that the involvement of civil society and the private sector is ever more vital. That is, in order to strengthen national disaster response capacity, governments need to build disaster systems that are more participatory and function through the channels of civil society, rather than continuing themselves to bear sole responsibility for these "wicked problems." With the advancement of smart mobile technology and social media, government and society as a whole have been called upon to apply these new information and communication technologies to address the current shortcomings of government-led disaster management. As illustrated in such catastrophic disasters as the 2011 Tohoku earthquake and tsunami in Japan, the 2010 Haitian earthquake, and Hurricane Katrina in the United States in 2005, the realization of participatory potential of smart technologies for better disaster response has enabled citizen participation via new smart technologies during disasters and resulted in positive impact on the management of such disasters. In this context, this study focuses on the South Korean context, and aims to analyze Korean government officials' readiness for public participation using smart technologies. On this basis, it aims to offer policy suggestions aimed at promoting smart technology-enabled citizen participation. For this purpose, it proposes a particular model, termed SMART (System, Motivation, Ability, Response, and Technology).

A Study on Knowledge, Attitude and Behavior to Sexuality in Middle School Students (중학생의 성에 대한 지식, 태도, 행위에 관한 조사연구)

  • Cha, Eun-Seok
    • Journal of the Korean Society of School Health
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    • v.12 no.2
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    • pp.357-375
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    • 1999
  • The purpose of this study is to find out methods to control, regulate and prevent sexual violence and provide guidelines for sex education in middle school. This study was conducted to examine factors in relation to sexuality, attitudes toward women, experience of sexual contact, frequencies and kinds of pornography with which they had contact, and sex education. For the data collection, a survey was conducted from September 25 to October 1, 1997 by using prepared questionnaires. Questionnaires were given to 503 students from three different kinds of middle schools in Seoul, Boys, Girls, and Coeducation schools. The data analyses used a PC-SAS. Each item was examined by frequencies and percentage. To compare Boys with Girls, I applied a T-test. In addition, with the kinds of school type, I applied anANOVA, ${\chi}^2$. Moreover, For investigating and analyzing each category, I categorized knowledge and attitude of sexuality, with precautionary measures of sexual violence. After that I applied T-test, ANOVA, and a Pearson's correlation for each category. The instruments of this study consisted of 9 domains. (1) General characteristics of the respondents (2) 9 questions about the interaction between he/she and his/her parent. (3) 12 questions, concerning A Scale for Attitudes of Adolescents Toward women(AWSA). (4) 26 questions related to sexual knowledge. (5) 25 questions about sexual attitude (6) strategies for prevention of sexual violence-33 questions (7) 5 questions related to sexual behavior (8) the experience of contact with pronography. (9) the experience of sex-education. The major results were summarized as follows; 1. Like many researches, This study shows that the girls are more eqalitarian than boys. The girls mean ($40.90{\pm}3.67$) is significantly higher than boys ($34.72{\pm}3.77$). Most Koreans have believed that there are many differences between men's roles and women's ones, because of confucianism which had been implied in most thought and ideas since the Lee dynasty. Therefore, the result is not surprising at all. 2. Most students answered correctly the questions of sexual knowledge. The girl's score was higher ($Mean{\pm}SD$ : $48.88{\pm}2.39$) than the boys' ($Mean{\pm}SD$ : $46.95{\pm}3.90$)(p 0.001). Nevertheless, the hypothesis that sexual knowledge influences sexual attitude and its behavior was rejected. 3. When twenty-five questions were asked about sexual attitude, the girl students investigated were found to have a more propre sexual attitude than that of the boys. A significant difference was found between boys and girls(p=0.001). The result shows that a person who has more experience in viewing pornography and who smokes will have a more distorted view of sexuality. 4. There are many students who have experienced of sexual contact. They need to take a sex education program about contraception and prevention of sexually transmitted diseases. Systematic and concrete sex education is one way to lead them to proper sexual behavior. 5. Most respondents rejected stereotyped attitudes towards women. Boys, however, were more likely to accept stereotypes of Women. The girl's mean($Mean{\pm}SD$ : $40.90{\pm}3.67$) is higher than the boys($Mean{\pm}SD$ : $34.72{\pm}3.77$)(p=0.0001). 6. Many boys ignored the rules for prevention of sexual violence. A boy or a girl who has more experience of sexual contact over kiss and sex-typed neglected the rules, too(p=0.001). Today, there is increasing juvenile delinquency related to sexuality. This study provided the basic material for a preventive education system. I believe that a systematic and concrete sex education system can be helpful for adolescents and promote their responsibility as well as cultivate morality about sexuality. As a result, juvenile delinquency can be decreased. This study is basically aimed to provide information for a prevenative education system of sexual violence. Further research is recommended to evaluate programs in schools.

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A Study on the Landscape Architecture Historical Significance of Reung Chambong in the Joseon Dynasty (조선시대 능참봉직(陵參奉職)의 조경사적 의의)

  • Shin, Hyun-Sil;Lee, Won-Ho
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.2
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    • pp.139-148
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    • 2011
  • This study has a purpose of base study for ascertaining landscape architect's role of Reung Chambong through analyzing old literature include Kyungkukdae-Jeon, Sokdae-Jeon, Daejeonhoitong, Joseonwangjo-Sillok, Eugye, Reung-Ji, Ilsung-Rok, Reung Chambong's diary. Reung Chambong was a government post in the Joseon dynasty, who managed Royal Tombs of Joseon Dynasty that has promoted as a World Heritage of UNESCO. the conclusions drawn from this study are as follows. First, Reung Chambong was comprised of two Jong 9 pum Chanmbong members. a position of Reung Chambong was a Eumjik appointed Saengwon, Jinsa, Yuhak completed Sammang. the standards of appointment is a experienced person and too young. it became means for accessing a government post because it had a symbolic representation of Royal Tombs guardian. Second, The management system of Reung Chambong was approved on the basis of ranking. however, due to geographical reasons, they had much authority and various mission than is possible. for example, construction supervisor of the Reung and Bongsim, manager of the Reungsuhogun and filling out Reungji. they performed an important role in management of Royal Tombs in the Joseon dynasty. Third, One of tasks related in landscape architecture, a Bongshim reported Sukmul(stonework), Sacho, Jungja-Gak of Reungsang to Yejo periodically. formational system and method of Bongshim are provided in the Kyungkukdae-Jeon and Sokdae-Jeon detailedly. Fourth, Tree management and construction supervisor of Reungsang, positions among tasks related in landscape architecture, required basic understanding and management ability of botany, various eye for spatial perception includes civil and architectural projects. also, as a site management of Royal Tombs in the Joseon dynasty, Reung Chambong was empowered tacit authorization and responsibility in mobility preoccupancy of vertical relationship with local officials and handling by-product of site. there is a close correspondence with landscape architect of today. A follow-up research is required to ascertain landscape architect historical values of Royal Tombs in the Joseon dynasty and Reung Chambong's role as a site management of Royal Tombs in the Joseon dynasty through historical seeking and research old literature on Reung Chambong's role related in landscape architect.

Efficient Management and use of Records from the Truth Commissions (과거사위원회 기록의 효율적인 관리와 활용방안)

  • Lim, Hee Yeon
    • The Korean Journal of Archival Studies
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    • no.17
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    • pp.247-292
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    • 2008
  • Investigations have been started to set the modern history and national spirit to rights after Commissions were established. Those Commissions are established and operated with time limit to finish its own missions. They creates three kinds of records as acquired materials which acquired or are donated for investigation; investigation records as investigation reports; and administrative records that created while supporting organization's operation. The Commissions use more past records to do special tasks asnation's slate clean and uncovering the truth than other agencies. In other words, the commissions take the most advantages of well-managed records, however, their record management environment and operation systems are relatively loose than other permanent machineries. It has three reasons that; first, there is no record management regulations and criteria for machineries that have time limit. This affected each commissions 'systems and 6 Truth Commissions' record management systems are built separately and on the different level; Second, members lack responsibility from frequent sending, reinstatement, change, and restructuring and that makes troubles to produce and manage records; Third, central archives pay less attention to machineries that operated limited period as the truth commissions. The Commissions rather need more systematic control because its records have historical value. To solve these problems, record management regulations have to be prepared first with features of organizations running limited time and commissions' records as acquired materials or investigation records. Furthermore, building up standard record management system for the Commissions, standardizing transfer data, imposing professional record personnel, and setting limits frequent personnel changes would finish practical problems. Besides, those records created to reveal the truth should use for education and research because Truth Commissions are established to set unfortunate history right and not to repeat it again. The records would serve as steppingstone for establishment of the Truth Record Center that does education, information work, publication, and research with the records. The record center would help using the records efficiently and improving knowledge for its people. And, the center should devote people to recognize importance of the records.

Lived experience of mothers who have child with cerebral palsy (뇌성마비아 어머니의 경험)

  • Lee Hwa Za;Kim Yee Soon;Lee Gee Won;Gwan Soo Za;Kang In Soon;An Hea Gyung
    • Child Health Nursing Research
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    • v.2 no.1
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    • pp.93-111
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    • 1996
  • The purpose of the study is to identify the lived experience of mothers who have children with cerebral palsy in order to understand their agony. Moreover, the result of study was to find some nursing intervention for disabled children and their mothers. For this purpose, ten mothers who are willing to cooperate with this research were selected at random from those who have children with the cerebral palsy, currently using the municipal facilities for the handicapped with cerebral malfunction. Data collection was done from October 4, 1994 th December 31, 1994. The data were collected by asking the mothers mentioned above with some unstructured open-ended questions, recorded on the tapes with permission by the interviewee in order to prevent missing of the interviewed contents. These collected data have been substantiated and properly analyzed on the basis of phenomenological approach initiated by Colaizzi's method. The results and validity are proved to be credible by means of the individual checking of the interviewed mothers. The results of this study are as follows : 1. When the mother is first informed of the diagnosis of cerebral palsy on her child, she usually misses the crucial timing needed for proper treatment of the child's disorder because she is notified through the doctor's indifference and his apparently inactive, matter-of-fact attitude. At first she suspects the doctor's diagnosis and tries to attribute it to the unknown cause from a certain genetic problem and then she quickly wants to deny the whole situation that her child is really suffering from the cerebral palsy. The reality is too much for her to accept as it is and she would not believe her child is abnormal. Therefore, she even attempts depend on the power of God for its solution. 2. The mother, who goes thorough this kind of uncommon experiences, is totally devoted to the treatment and care of the child and completely ignores her own life and happiness. At the same time, she feels sorry for her other normal children she believes having not enough care and concern. Also, she feels sorry for the sick child when the child's brothers or sisters show special concern for the patient out of sympathy. It is sorry and not satisfied for her that the child is growing with abnormality and neighbor other around have inappropriate attitudes. Likewise, she is discontent with her husband's lack of concern about the child's treatment. She believes that the health care system in this society isn't fulfilling its due purpose. In the state of her utmost distress and anxiety, she always feels the need of competent consultants, and is angry about that her child is treated as an abnormal being, she is trying to hide the child from other people and to make him or her disappear, if possible. Although she doesn't have harmonious relation with her husband, she id happy when he shows his affection for the child and she feels relieved and thankful when the relatives don't mention about the child's condition Since the child's overall status of health is continuously in unstable conditions, requiring her all-time readiness for an emergency, she feels guilty of her child's illness toward the fEmily members as if it was her own fault to have borne such an abnormal child and she feels responsible for the child morally and financially if necessary Because her life is centered on taking care of the child, she cannot afford to enjoy her own life and happiness. She is a lonely mother, fatigued, with no proper relationship with other people around her. With this sense of guilt and responsibility as a mother of an unusual disease, she has no choice but to grieve her destiny from which she is not allowed to escape. 3. Nevertheless, the mother with the child suffering from the cerebral palsy does not easily give up the hope of getting her child cured and she believes that in the long run, though slower than hoped, her abnormal son or daughter will be eventually cured to become a normal sibling someday. This kind of hope is sustained by the mother's strong faith coming from observing the progress of other similar children getting better. Sometimes she is encouraged to have this faith by other mothers who share the same painful experiences, believing that her child will improve even more rapidly than others with the same palsy. Full of hope, she painstakingly waits for the child's healing. Moreover, she plans to have another child. she thinks that the patient child's brothers and sisters only can truly understand and look after the patients. However, when she notices that the progress of other children under the treatment does not look so hopeful, she is distressed by the thoughts that her child may never get well. Too, she is worried that the patient's brother or sister will be born as the same invalid with the cerebral disease. She is discouraged to have another baby as much as she is encouraged to. She is also troubled by the thought that in case she has another baby, she will have to be forced. to neglect the patient child, especially when she does have an extra hand or some reliable person to help her with taking care of the patient.

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A Study on The Enhancement of Aviation Safety in Airport Planning & Construction from a Legal Perspective (공항개발계획과 사업에서의 항공안전성 제고에 대한 법률적 소고)

  • Kim, Tae-Han
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.67-106
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    • 2012
  • Today air traffic at the airport is complicated including a significant increase in the volume of air transport, so aviation accidents are constantly occurring. Therefore, we should newly recognize importance of the Air Traffic Safety, the core values of the Air Traffic. The location of airport that is the basic infrastructure of the air traffic and the security of safety for facilities and equipments are more important than what you can. From this dimension, I analyze the step-by-step safety factors that are taken into account in the airport development projects from the construction or improvement of the airport within the current laws and institutions and give my opinion on the enhancement of safety in the design and construction of airport. The safety of air traffic, as well as airport, depends on location, development, design, construction, inspection and management of the airport including airport facilities because we have to carry out the national responsibility that prevents the risk of large social overhead capital for many and unspecified persons in modern society through legislation regarding intervention of specialists and locational criteria for aviation safety from the planning stage of airport development. In addition, well-defined installation standards of airports and air navigation facilities, the key points of the airport development phase, can ensure the safety of the airport and airport facilities. Of course, the installation standards of airport and air navigation facilities are based on the global standard due to the nature of air traffic. However, to prevent the chaos for the safety standards in design, construction, inspection of them and to ensure the aviation safety, the safety standards must be further subdivided in the course of domestic legislation. The criteria for installation of the Air Navigation facilities is regulated most specifically. However, to ensure the safety of the operation for Air Navigation Facilities, performance system proved suitable for the Safety of Air Navigation Facilities must change over from arbitrary restrictions to mandatory restrictions and be applied for foreign producers as well as domestic producers. Of course, negligence of pilots and defective aircraft maintenance lead to a large portion of the aviation accidents. However, I think that air traffic accidents can be reduced if the airport or airport facility is perfect enough to ensure the safety. Therefore, legal and institutional supplement to prioritize the aviation safety from the stage of airport development may be necessary.

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