• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.205-236
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• 2010

This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.27-54
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• 2010

Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.137-172
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• 2008

The earliest safety data programs, the FDR and CVR, were electronic reporting systems that generate data "automatically." The FDR program, originally instituted in 1958, had no publicly available restrictions for protections against sanctions by the FAA or an airline, although there are agreements and union contracts forbidding the use of FDR data for FAA enforcement actions. This FDR program still has the least formalized protections. With the advent of the CVR program in 1966, the precursor to the current FAR 91.25 was already in place, having been promulgated in 1964. It stated that the FAA would not use CVR data for enforcement actions. In 1982, Congress began restricting the disclosure of the CVR tape and transcripts. Congress added further clarification of the availability of discovery in civil litigation in 1994. Thus, the CVR data have more definitive protections in place than do FDR data. The ASRS was the first non-automatic reporting system; and built into its original design in 1975 was a promise of limited protection from enforcement sanctions. That promise was further codified in an FAR in 1979. As with the CVR, from its inception, the ASRS had some protections built in for the person who might have had a safety problem. However, the program did not (and to this day does not) explicitly deal with issues of use by airlines, litigants, or the public media, although it appears that airlines will either take a non-punitive stance if an ASRS report is filed, or the airline may ignore the fact that it has been filed at all. The FAA worked with several U.S. airlines in the early 1990s on developing ASAP programs, and the FAA issued an Advisory Circular about the program in 1997. From its inception, the ASAP program contained some FAA enforcement protections and company discipline protections, although some protection against litigation disclosure and public disclosure was not added until 2003, when FAA Order 8000.82 was promulgated, placing the program under the protections of FAR 193, which had been added in 2001. The FOQA program, when it was first instituted through a demonstration program in 1995, did not contain protections against sanctions. Now, however, the FAA cannot take enforcement action based on FOQA safety data, and an airline is limited to "corrective action" under the program. Union contracts can exclude FOQA from the realm of disciplinary action, although airline practice may be for airlines to require retraining if there is no contract in place forbidding it. The data is protected against disclosure for litigation and public media purposes by FAA Order 8000.81, issued in 2003, which placed FOQA under the protections of FAR 193. The figure on the next page shows when each program began, and when each statute, regulation, or order became effective for that program.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.259-294
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• 2013

After its experiment involving the exploding of a satellite in space in 2007, China proudly aired news on TV and ran articles in newspapers. However, the event was internationally criticized and drew widespread attention. Many countries denounced the explosion by pointing out that it could be part of the nation's plan to expand its military power to space or that it could pose a danger to the peaceful use of space. However, there is no talk of whether the experiment that produced a huge amount of space debris could have violated an international law, namely the Outer Space Treaty. Although space garbage has been said to be a serious problem, the amount is still on the increase. If we continue to launch new space launch vehicles into orbit at this rate, we will not be able to use it anytime soon like we do today. As the commercial use of space is likely to increase, the situation will certainly get worse. The international community is fully aware of the seriousness of the problem and working together to reduce the amount of space garbage. However, despite the fact that the United States and Soviet Union's ASAT(Anti-Satellite) programs have been implemented for a long time, there have been no complaints about them in terms of military expansion or breach of the Outer Space Treaty. Also, the recent Chinese test is largely viewed to be in accordance with international law. A lot of research has been undertaken with regard to the problem of space garbage. Now people's awareness of dangers being posed has been fully raised. Under the circumstances, the dismissing of China's satellite smashing, leaving a big mess in its wake, as nothing more than an experiment, is a red flag to, if not many, at least some people. By means of this thesis, I would like to review whether the Chinese test has violated an international space law. This thesis presents an overview of the issues surrounding the event and examines the possibility of violating the Outer Space Treaty, formally the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. After the China test, the UN Scientific and Technical Subcommittee first adopted space debris mitigation guidelines, I'll introduce the content of the guidelines and discuss the characteristics of the guidelines and what can be done to address the issue.

• Proceedings of The Korean Society of Health Promotion Conference
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• 2004.10a
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• pp.111-129
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• 2004

This paper develops the argument that the 'Healthy Cities Approach' extends beyond the boundaries of officially designated Healthy Cities and suggests that signs of it are evident much more widely in efforts to promote health in the United Kingdom and in national policy. It draws on examples from Leeds, a major city in the north of England. In particular, it suggests that efforts to improve population health need to focus on the wider determinants and that this requires a collaborative response involving a range of different sectors and the participation of the community. Inequality is recognised as a major issue and the need to identify areas of deprivation and direct resources towards these is emphasised. Childhood poverty is referred to and the importance of breaking cycles of deprivation. The role of the school is seen as important in contributing to health generally and the compatibility between Healthy Cities and Health Promoting Schools is noted. Not only can Health Promoting Schools improve the health of young people themselves they can also develop the skills, awareness and motivation to improve the health of the community. Using child pedestrian injury as an example, the paper argues that problems and their cause should not be conceived narrowly. The Healthy Cities movement has taught us that the response, if it is to be effective, should focus on the wider determinants and be adapted to local circumstances. Instead of simply attempting to change behaviour through traditional health education we need to ensure that the environment is healthy in itself and supports healthy behaviour. To achieve this we need to develop awareness, skills and motivation among policy makers, professionals and the community. The 'New Health' education is proposed as a term to distinguish the type of health education which addresses these issues from more traditional forms.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.3-31
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• 2017

On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

• Journal of the Korean Institute of Landscape Architecture
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• v.45 no.6
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• pp.10-27
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• 2017

Recently, the importance of recognizing the natural environment and the need for its conservation are increasing due to rapid urbanization. Suncheon Bay, designated as Scenic Site No. 41 and one of the World's Five Greatest Coastal Wetlands, is the only tideland among the tidal flats in Korea, which has salt marsh reserves. It has high conservation value from the ecological aspect. In addition to the Suncheon Bay National Garden, it provides various benefits not only to visitors but to local residents as well in terms of economics, environmental issues, and history and cultural aspects. Two million tourists visit the site annually, which has constantly highlighted the limits of ecological capacity. The valuation of the Suncheon Bay wetland is more important for the sustainability of the Suncheon Bay wetland than for its value as a tourism resource for the activation of the local economy. This study used the Logit model, which is commonly used among probabilistic choice models, to evaluate the economic value of Suncheon Bay wetland with the contingent valuation method(CVM). Applying the conservation value of the Suncheon Bay wetland to the benefit of KRW 8,200 for 1 person and 1 day, the benefit from exploration is KRW 2,050, the management and conservation value is KRW 3,034, and the heritage value is KRW 3,116. The results of this study are that benefit from the annual exploration of Suncheon Bay wetland was KRW 44.3 in billion, the management and conservation value was KRW 6.55 in billion, and the heritage value was KRW 6.73 in billion. When converted to the number of paying visitors per year, the conservation value is about KRW 177.1 billion. This study was conducted to evaluate the use and conservation aspects of the economic value of Suncheon Bay wetland. Based on the latent value of the Suncheon Bay wetland, it provides basic data about the efficient management and policy establishment of Suncheon Bay wetland. The study is significant in that the ecological sustainability of the Suncheon bay wetland and the value of non-marketable were evaluated based on the recognition of 'benefit through exploration', 'management and conservation value' and 'value of heritage'. It can be used as policy decision data on the integrated collection of the admission fee of the Suncheon Bay wetland and Suncheon Bay National Garden.

• 재활복지
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• v.22 no.2
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• pp.1-30
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• 2018

This paper attempts to explore the place of human and disability rights from the perspective of Social Welfare within the context of the UN Disability Rights Convention of 2006. The overall discussion is focused especially upon the situations of human and disability rights in the Democratic People's Republic of Korea (North Korea) as it is being challenged to drastically address the issues of human rights in general, and disability rights in particular. The UN Disability Rights Convention challenges every ratified State party to commence legal reforms, legal harmonization, and policy and program developments to implement the Convention. Both North and South Korea are not exceptions to this. Even without drawing upon the UN's the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, the dire situation of human rights in North Korea is well documented. However, this paper does not assume South Korea's human rights are any way superior to that of North Korea. This paper spells out areas for further action common to two Koreas and to any other nations for that matter. Apart from the general discussion on disability rights, the distinctive contribution of this paper lies in the fact that it has endeavored to draw upon any latest information and data on North Korea. It relied on various sources from UN and also from North Korea itself. One can note that North Korean disability authorities are making strenuous efforts to improve human rights of persons with disabilities in their desires to seek assistance from outside. It also shows an enormous need for international cooperation in seeking financial and material supports. This paper notes the latest political development between North and South Korea in taking "phased" steps for peace and stability as a positive sign for North and South Koreans' DPOs collaboration under the banner of International Cooperation of the article 32 of the UN Disability Rights Convention. More critically, this paper points to the further need to improve the overall data bases to ensure balanced legal reforms, policy developments and sharpen the areas of international collaboration.

• Korean Journal of Social Welfare Studies
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• v.49 no.3
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• pp.5-33
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• 2018

A self-sufficiency service has worked as a typical workfare policy combined with public assistance in Korea since 2000. Despite of its long history, three core pillars in administrating the self-sufficiency service, policy, research, and practice, have respectively understood the meaning of self-sufficiency in terms of their own interests. As a result, the self-sufficiency service has recently faced with its own identity issues by showing failures to its environmental changes. The current situation makes it necessary to reconceptualize the definition of self-sufficiency by exploring its in-depth understanding perceived by service providers. Specifically, we analyzed practical reflections on 35 service providers' experiences which were collected via focus group interviews for two hours. The study findings presented that service providers had two antithetical approaches towards self-sufficiency. While a dominant approach to self-sufficiency has been concentrated on improving clients' economic outcomes such as employment, job retention, the escape from welfare trap, and increasing earnings and assets, the other approach has been extended to empower clients and achieve their well-being and quality of life. Yet, these contrary perspectives have led to suffer from their role confusions and identity crisis between the work-ready process and the employment-oriented outcomes. Specifically, they described self-sufficiency in terms of psychological, social, and integrated aspects. The psychological aspect included a process of developing inner strengths, intensifying job motivation, and coping with barriers of employment. The social aspect meant a path toward social integration through recovering human relationships. The integrated aspect covered more comprehensive support for their recovery of daily life and autonomy to make a decision for their own life. In conclusion, the study findings suggest that self-sufficiency should be more extensively considered as a stepwise process towards work-ready preparations beyond ultimate economic outcomes. Such an extended concept of self-sufficiency could contribute to restructuring the whole practice of self-sufficiency including organizational and program changes in the fields.

• Journal of Wetlands Research
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• v.23 no.4
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• pp.327-341
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• 2021

The riparian eco-belt is an efficient technique that can reduce non-point pollution sources in the basin and improve ecological connectivity and health. In Korea, a legal system for the construction and management of riparian eco-belts is in operation. However, it is currently excluded that rivers and floodplains in dam reservoir that are advantageous for buffer functions such as control of non-point pollutants and ecological habitats. Accordingly, this study presented and analyzed a plan to select a site for an integrated riparian ecol-belt that comprehensively evaluates the water quality and ecosystem characteristics of each dam floodplain and riparian zone for the Daecheong Dam basin in Geum River watershed. First, the Daecheong Dam basin was divided into 138 sub-basin with GIS, and the riparian zone adjacent to the dam floodplain was analyzed. Sixteen evaluation factors related to the ecosystem and water quality impact that affect the selection of integrated riparian eco-belt were decided, and weights for the importance of each factor were set through AHP analysis. The priority of site suitability was derived by conducting an integrated evaluation by applying weights to sub-basin by floodplains and riparian zone factors. In order to determine whether the sites derived through GIS site analysis are sutiable for actual implementation, five sites were inspected according to three factors: land use, pollution sources, and ecological connectivity. As a result, it was confirmed that all sites were appropriate to apply integrated riparian ecol-belt. It is judged that the riparian eco-belt site analysis technique proposed through this study can be applied as a useful tool when establishing an integrated riparian zone management policy in the future. However, it might be necessary to experiment various evaluation factors and weights for each item according to the characteristics and issues of each dam. Additional research need to be conducted on elaborated conservation and restoration strategies considering the Green-Blue Network aspect, evaluation of ecosystem services, and interconnection between related laws and policy and its improvements.