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A study on air related multimodal transport and operator's legal liabilities (항공연계 복합운송의 현황과 손해배상책임 - 대법원 2014.11.27. 선고 2012다14562 판결을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.3-36
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    • 2016
  • Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

Changes in spatial organization of Korea by the construction of Seoul-Pusan railroad (京釜線 鐵道建設에 따른 韓半島 空間組織의 變化)

  • ;Joo, Kyung-Sik
    • Journal of the Korean Geographical Society
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    • v.29 no.3
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    • pp.297-317
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    • 1994
  • This study demonstrates the changes in the spatial organization of Korea by the construction of Seoul-Pusan railroad. This Seoul-Pusan line, which is the most important one in Korea was constructed in 1905. The original plan of the line was selected to cross the main traditional roads to control the entire Korean peninsular and to mobilize the Korean commercial potentials. It was the line to exploit the staples and to expand the Japanese market in Korea. In accordance with the contracts between Japan and Korean government, Korean government had to supply the lands for railroad, office, and service facilities. That was one of the important reasons that Korean government had been broken down. The main findings of this study are as follows: 1. The Seoul-Pusan railroad line was constructed Japanese colonial policy which emphasized three main purposes; the first was to reorganize the economic space and to collapse the traditional Korean markets for Japanese ruling, and the second was to find out the military supply routes, and the third was to search for the transcontinental line for China and Siberia. As the results, the old Korean pedestrian routes, which were the Eastern, the mid, the westren, and the Samnam route lost their functions. 2. Japanese requested for Korean government usually ten times of wider space for the site of stations than the needed one. The land was expropriated, and constructed the new centers aparted from the original Korean towns. In this process Japanese got the most developmental and windfall profits. The newly constructed centers were for Japanese immigration and the town service facilities which would be used to control the Korean financial market. At last, they easily converted the Korean spatial economy into Japanese colonial one, which made to reinforce the sphere of Seoul-Pusan line. 3. Japanese planned the stations as the central points in Korea. So the railroad stations were located apart from the centers of towns, to avoid the Korean resistances, and to maximize their profits. The mean distance from staiton to 'the town center is about 1km while the Japanese case is 0.6km. 4. The pattern of present Korean railroads is not the 'X type'. Because the Honam line is not the trunk one. So, we could call the Korean railroad pattern as the 'Ip(Chinese character 入) type' . The operational effects of Seoul-Pusan line brought out the concentration of the national economy to this line as Japanese planned. And the polorization had occurred between this line and the other parts of Korea. For twenty years (1910-1930), the transported freights were increased about 5 times. In 1930, the total freight of Seoul-Pusan line became 2, 010, 444 metric tons. If we examine this process, the underconstructing Seoul-Pusan express electric railroad should avoid adjacent this line to reduce the regional and ecological imbalance. 5. The forms of centers on the Seoul-Pusan line were classified into six types in relation to station, town center, and built-up area; the compact (integrated) type, the elongated one, the splited (independent) one, the absorbed one, the consolidated one, and the declined one. All types of these towns might be developed in accordance with the centrality, railroad function, and the other transportational functions. 6. The Seoul-Pusan line plays the most important role among Korean railroads but the ratio of passenger and freight become lower because the effiects of other inaugurated railoads the different transportation modes such as trucks and cars would be got more merits in competition. 7. The results of cluster analyses on the cities of railroad stations showed the rudimentary urban systems in 1910 and 1930. In 1930, the cities were classified into three groups; the group of small cites, the intermediate (developing) city-group, and the special city-group. In 1930s the spatial organization and urban system of Korea were similar to the present ones. We call appreciate that these were the effects of the Seoul-Pusan line.

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Proposal for improved implementation of aviation safety reporting system (항공안전보고제도 개선방안에 대한 연구)

  • Chang, Man-Heui
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.337-371
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    • 2015
  • In recent years, aviation safety has been facing new hazards due to the rapidly changing environment in which aircraft operation increasingly finds. Continuously increasing air traffic volume, integration of various cultures from many States, and many other changes are the causal factors of the new risks. To identify such new hazards and risks, the government of the Republic of Korea (ROK) established aviation safety reporting systems in accordance with the international standards of the Convention on International Civil Aviation. However, there are some misunderstandings by the government in operating and by the personnel who take part in these reporting systems. Everybody should understand that aviation safety reporting system is not a punitive measure but a tool for collecting data in order to improve safety. In addition, such a system can be utilized further to promote an improved awareness on the need for a proper safety culture on the part of both the government, the industry and the personnel. This paper includes studies on international standards, relevant regulations in the United States and the United Kingdom. Moreover, this paper proposes to the government of ROK several points to improve their own system, including integration of the existing reporting systems, improvement of reporting items, implementation of safety data taxonomy and the establishment of safety data protection.

Study of the Introduction on the Aviation Safety Data Protection System (항공안전데이터 보호제도 도입 방안 연구)

  • Kim, Eun-jung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.81-120
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    • 2018
  • To promote the aviation safety reporting system that is operated to enhance aviation safety and to utilize related information, it should first be preceded by standards for non-punishment and data protection. It is because the purpose of collection and analysis of aviation safety related data through the aviation safety reporting system is to prevent recurrence of accidents by investigating their causes through collection and analysis of diverse types of information related to aviation safety. Both mandatory and voluntary reporting systems are in operation for aviation safety under the current Aviation Safety Act. It is said that they were introduced to survey causes for accidents and to prevent recurrences. In fact, however, it is hard to expect active implementation of the reporting system for aviation safety unless the reporters are firstly exempted from punishment. Therefore, the system should be improved so that it can satisfy its purpose and the purposes of data collection concerning aviation safety through examination of the purposes of the reporting system. One of the matters that needs to be considered to promote the reporting system should be the scope of aviation safety hindrances presupposed under the current institution. The voluntary aviation safety reporting system differs from the systems of ICAO or the key advanced countries, including the USA and the UK as it limits the target accidents subject to reporting to minor aviation safety hindrances only. That being said, improvements should be made by requiring mandatory reporting of aviation safety hindrances based on their severity while recognizing a greater variety of aviation safety concerns like international standards. Safety actions and sharing of information based on collection and analysis of diverse data related to aviation safety will greatly contribute to enhance aviation safety as the purposes of the reporting system are to explore causes for accidents and to prevent their recurrences. What is most important in this regard is strict data protection and non-punishment principles; compliance with them should be secured. We can hardly expect the successful operation of the system unless the reporter is exempted from punishment and the relevant data is protected as promotion of voluntary reporting is an essential factor for enhancing the safety culture. Otherwise, the current system may induce hiding of relevant facts or data to evade punishment. It is true that the regulation for enhancing safety tends to have limitations or blind spots; nevertheless, it should still be enforced strictly and completely. Technological progresses and mistakes of operators appear in different forms based on individual cases. The consequential damages may amount to a truly severe level. Therefore, we have studied and suggested to the methods of activiation and amendments on the aviation safety reporting system, which is referred for one of the proactive safety management systems. The proposed improvement of the reporting system and introduction of non-punishment for collection of aviation safety data for deploying a preemptive prevention system would serve as the backbone for enhancing aviation safety in Korea.

Insurance system for legal settlement of drone accidents (드론사고의 법적 구제에 관한 보험제도)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.227-260
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    • 2018
  • Recently, as the use of drones increases, the risk of drone accidents and third-party property damage is also increasing. In Korea, due to the recent increase in drone use, accidents have been frequently reported in the media. The number of reports from citizens, and military and police calls regarding illegal or inappropriate drone use has also been increasing. Drone operators may be responsible for paying damages to third parties due to drone accidents, and are liable for paying settlements due to illegal video recording. Therefore, it is necessary to study the idea of providing drone insurance, which can mitigate the liability and risk caused by drone accidents. In the US, comprehensive housing insurance covers damages caused by recreational drones around the property. In the UK, when a drone accident occurs, the drone owner or operator bears strict liability. Also, in the UK, drone insurance joining obligation depends on the weight of the drones and their intended use. In Germany, in the event of personal or material damage, drone owner bears strict liability as long as their drone is registered as an aircraft. Germany also requires by law that all drone owners carry liability insurance. In Korea, insurance is required only for "ultra-light aircraft use businesses, airplane rental companies and leisure sports businesses," where the aircraft is "paid for according to the demand of others." Therefore, it can be difficult to file claims for third party damages caused by unmanned aerial vehicles in personal use. Foreign insurance companies are selling drone insurance that covers a variety of damages that can occur during drone accidents. Some insurance companies in Korea also have developed and sell drone insurance. However, the premiums are very high. In addition, drone insurance that addresses specific problems related to drone accidents is also lacking. In order for drone insurance to be viable, it is first necessary to reduce the insurance premiums or rates. In order to trim the excess cost of drone insurance premiums, drone flight data should be accessible to the insurance company, possibly provided by the drone pilot project. Finally, in order to facilitate claims by third parties, it is necessary to study how to establish specific policy language that addresses drone weight, location, and flight frequency.

A study on Indoor Insulating Tent Design for Senior Citizens who Live Alone (독거노인을 위한 융복합 실내 보온용 텐트디자인에 관한 연구)

  • Lee, Dae Hyun;Kim, Sang Sik
    • Korea Science and Art Forum
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    • v.37 no.2
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    • pp.219-230
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    • 2019
  • According to the National Statistical Office, the number of senior citizens aged 65 or over has exceeded 7 million as of 2017, and the number of senior citizens who live alone among them exceeded 1.3 million. Most of the senior citizens who live alone suffer from absolute poverty (68.5% of them has monthly income less than 500,000 won) and they have difficulties for basic living in the blind spot of our society. In particular, the heating is quite a serious issue for the senior citizens who live alone and belong to vulnerable social group in the winter, and to make it worse, they are exposed to frequent fire accidents due to the negligence in handling electric appliances such as electric heaters and electric pads. The main reason the indoor tent products are being used by senior citizens who live alone is that it saves energy, ensures warm sleep, and improves fire safety. Following the expansion of the indoor tent market, this study focused on the idea that there is a need for an in door tent suitable for senior citizens who live alone and belong to low income bracket and intended to improve its efficiency in relation to use, resting, and storage. For this, a basic survey was conducted on the products of existing brands to analyze advantages and disadvantages and it was possible to understand the demands that consumers have for existing products. Accordingly, a survey on consumer preference was conducted using a designed model and the Zabara typp, which demonstrated the best efficiency in terms of installation convenience, space usability, and appearance design was selected. Based on the results of selection, the product design and final prototype were completed. The results and details of the study are as follows; First, factors that were not recognized in product development phase could be identified through usability survey and interview with actual users. Second, for the effective aspect of the prototype, senior citizens could install and fold the tend more easily and quickly than expected. Based on these results of this study, it is expected that not only senior citizens who live alone but also various other users can use the tent to create another comfortable private space indoors.

The Yongsan Governor General Official Residence in Korean Landscape Architectural History (용산 총독관저 정원의 조경사적 의의)

  • Kim, Hai-Gyoung;Yu, Joo-Eun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.2
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    • pp.118-129
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    • 2011
  • This study is about the governor general's official residence and its garden in Yongsan that were constructed during the Japanese occupational time. The garden design drawing was also made while planning such Neo-Baroque style building, and it contains particular information of the garden unlike the other existing landscape drawings. The content of garden translated and landscape historical value drawn out by analysis of garden drawings, press articles and literatures are as follows; First, such governor general's official residence garden in Yongsan is likely to be the Korean first western style landscape form. For, from the point that it was completely constructed together with such official residential building in 1909, its construction time should be before that of the garden of Seokjojeon, Deoksu Palace, which was constructed in 1911. Second, it shows the garden style and garden planting factors introduced together with the modern architecture then. Such garden planting factors are placed from the center axis of the garden that is connected to the center of the building and monument as well. Such style and factors cover and show the flower bed appearing in Baroque style gardens, the monument that forms Vista playing the center of audience's vision, water space that is placed symmetrically against the axis, planting pattern that emphasizes the plants' space, flower bed shape and axis, and what kinds of plants were introduced then. Third, it shows the using pattern of western style gardens. Western style garden parties used to take in place in this garden while official dinner and reception were held in the evening in the official residence. Fourth, it shows the historical value as a modern landscape drawing, which is the Korean first landscape drawing that shows the plants' names and planting techniques marking the current height and planned height for change of topography and water system as a water landscape factor. That is, this drawing has the value that it was upgraded from the other existing ones that expressed only simple plants' symbols or flower bed shapes. I, therefore, hope that the studies on the modern landscape would be getting wider by excavation of new historical records in the future.

Comparisons of Soil Characteristics between Campsites and Their Adjoining Forest Areas in the Eastern Area of Jirisan National Park (지리산국립공원 동부지역 야영장 조성지와 인접 산림지역의 토양 특성 비교)

  • Kim, Choon-Sig;Jang, Kyoung-Su;Lee, Hong-Woo;Cho, Hyun-Seo
    • Korean Journal of Environment and Ecology
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    • v.21 no.6
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    • pp.487-493
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    • 2007
  • This study was carried out to evaluate soil property between campsites located at Joongsanri, Daewonsa old, Daewonsa new, Baekmudong and their adjoining forest areas in the eastern area of Jirisan National Park. The survey results showed that there existed a significant difference(p<0.05) between the two areas in soil property, such as soil bulk density, soil hardness, soil pH, water infiltration and soil respiration rates. However, there was no difference in soil property by depth between surface soil($0{\sim}15cm$) and subsurface soil($15{\sim}30cm$) for the two areas(p>0.05). In case of soil bulk density, its values in campsites were significantly higher ($1.29{\sim}1.44g/cm^3$) than in forest areas($0.95g/cm^3$), while soil hardness was significantly lower(p<0.05) in forest areas($1.44kg/cm^2$) than in campsites($2.9{\sim}4.0kg/cm^2$). Soil pore space was significantly lower in campsites($45.7{\sim}51.4%$) than in forest areas(64.3%), and soil pH in forest areas indicated pH 5.46 and that of the campsites was distributed at the range from pH 6.49 to pH 6.38. In addition, water infiltration was significantly lower in campsites($0.79{\sim}2.06cc/sec$) than in forest areas(18.7cc/sec), while soil respiration rates were significantly higher in forest areas($0.58gCO_2/m^2/h$) than in campsites($0.13{\sim}0.34gCO_2/m^2/h$).

Biokinetics of Carbohydrate and Lipid Metabolism in Normal Laying Hen [Part 1] -Determination of Turnover of Glucose- (정상산란계(正常産卵鷄)에 있어서 탄수화물(炭水化物)과 지질대사(脂質代謝)의 생동역학(生動力學) 제1보[第一報] -포도당 대사회전(代謝回轉)의 측정(測定)-)

  • Chiang, Y.H.;Riis, P.M.
    • Applied Biological Chemistry
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    • v.20 no.2
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    • pp.205-209
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    • 1977
  • The pool size of plasma glucose, turnover rate and other concerned items for glucose metabolism in normal laying hen were investigated by a single-injection method using $U-C^{14}-glucose$. The 11.6 nCi of pure dose was injected to a hen normally fed through the wing vein. The glucose concentration in plasma sample taken at 5 minutes after injections was 214mgper 100ml. From the plottings of logarithmic standard specific activities of plasma taken from 5 to 120 minutes against the time after injection and from the regresion analysis, metabolic states were determined. The pool size was 1.07g, turnover rate was 0.024 per minute, turnover time was 41 minutes, utilization rate was 26mg/min. (0.83 g/hr/kg B.W. 3/4) and glucose space(extracellular fluid volume) was 25.3 per cent of body weight. The values obtained from. 10-50 minutes samples were similar to those described above, which we from 5-120 minutes samples.

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Geographic Conditions and Garden Designs of Byeol-seo Scenic Site of Gimcheon Bangcho-Pavilion and Mrs Choi's Pond (별서 명승 김천 방초정(芳草亭)과 최씨담(崔氏潭)의 입지 및 조영 특성)

  • Rho, Jae-Hyun;Lee, Hyun-Woo
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.34 no.1
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    • pp.71-82
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    • 2016
  • Through literature review and on-site survey of Gimcheon Bangcho pavilion(芳草亭), the features of garden design(庭園意匠) including geographic conditions, landscape modeling of Nujeong(樓亭) and Jidang(池塘, Pond), and scenic interpretations in Nujeong Jeiyoung poetry(樓亭題詠詩) have been carefully researched and the findings are presented below. Bangcho pavilion is located in a village called Wonteomaeul, which belongs to the feng shui state of golden hairpin and floating lotus. It has long been the cultural hub of communication and social interactions among the villagers. The Head House of Jeongyanggong(靖襄公宗宅), the main house(本第) of the Yeonan Yi Clan(延安李氏), is about 150m away from Bangcho pavilion, an artistic space whose landscape modeling is of the form called Nujeong. The name 'Bangcho' reflects the noble man(君子)'s determination: "I yearn for the place where honey parrots fly and the fragrant grass grow." From the two story structure of the pavilion where there is an additional floor installed to the central ondol room by a four-sided subdivision door, one can detect the aspiration of the men for pursuing an open view. One can also observe the efforts in designing the room to be used for multiple purposes from a private place to an office for periodic publication of a family lineage document called "Garyejunghae(家禮增解)". Bangcho pavilion's main sight of interest is Mrs Choi's Pond(崔氏潭), the one and only garden structure that comprises the twin round island of square pond(方池雙圓島) among the existing Jidangs in Korea. In this special Jidang, there are two coexisting islands that represent a well thought out garden facility for symbolizing conjugal affection and unyielding fidelity between master and servent(主從). In addition, the three inflows and one outflow facing the Ramcheon valley is regarded as an ideal garden design optimized for performing the function of a village bangjuk which is the site for undercurrent creation and ecological reprocessing. At present, Giant pussy willow is the only circular vegetation identified in the area of Bangcho pavilion, although this plant species is about to wither away judging from the signs of decrepitude that seems to persist for two out of three weeks. The old pine tree that appears in the 1872 Jeiyoung poetry of Byeongseon Song(宋秉璿) no longer exists. Anjae(安齋) Jang Yoo(張瑠)'s "Eight Scenary on Bangcho pavilion(芳草亭八詠)" and its expansive reproduction "Ten Scenary on Bangcho pavilion(芳草亭十景)" from Gwagang(守岡) Lee Manyoung(李晩永) depict vividly the pastoric scenery of an idyll(田園景) that stretches throughout the natural and cultural landscape of the province of Gimcheon and Guseong surrounding the Bangcho pavilion. The Bangcho pavilion sutra aims to establish Bangcho pavilion and the village of Wonteomaeul as the centre of microcosmos by dividing and allocating its scenic features according to the four seasons and times(四季四時), the eight courses(八方) and the meteorological phenomena, and it is the incarnation(顯現) of landscape perception upon the Byeol-seo Scenic site of Bangcho pavilion, the cultural hub of the region.