• The Korean Journal of Air & Space Law and Policy
• /
• v.35 no.2
• /
• pp.75-111
• /
• 2020

The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

• The Korean Journal of Air & Space Law and Policy
• /
• v.5
• /
• pp.101-118
• /
• 1993

Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

• Journal of the Korean Institute of Traditional Landscape Architecture
• /
• v.38 no.3
• /
• pp.25-34
• /
• 2020

This study examined the definition and major values, the designated procedures and types, and the designation trend in Korean scenic sites and national parks in the United States. Based on this, the analysis of the characteristics of the designation of the two natural heritages. The results are as follows; First, Scenic Sites has characteristics of complex heritage that includes academic, historical, and humanities values on the basis of landscape. As a natural heritage based on public nature, the U.S. National Park aims to contribute to the people's natural heritage and satisfy both ecological and historical values through the protection of the landscape. Second, the designation of a scenic sites are decided through deliberation by the Cultural Heritage Committee after the request of the owner, manager, or local government or by the authority of the head of the Cultural Heritage Administration. The designated survey is divided into basic resource surveys and resource surveys by type. Since the initial designation of the Sogeumgang Mountain in Cheonghakdong, Myeongju in 1970, the number of designated scenic sites was low until the 2000s, but the number of designated scenic sites has increased rapidly since 2006 due to the policy to promote the scenic site, and the proportion of natural and historical and cultural scenic sites has been balanced. The designation of the U.S. national park is decided by the Congress or the president, and the National Park Service makes a series of decisions on whether to conduct a special resource study of provisional resources through a preliminary inspection survey, whether to satisfy the criteria for designation of national parks based on the results of special resource research, and to prioritize them. The U.S. National Parks have been expanded not only by Congress but also by the president's empowerment to designate them as national monuments. With the integrated operation of the National Park Service, the number of designated cases increased as the national park included the heritage sites under the control of various ministries. In addition, a number of historical areas were designated by the enactment of the Historical Site Act, and recreational areas were designated to provide leisure space and classified and managed in a total of 18 units. Third, the comparison of the designation characteristics of the two heritage properties confirmed that the designation of natural heritage with complex value, the classification of types according to complementary designation system and resource characteristics, the establishment of the competent ministry and the balancing of the heritage according to the designation policy. The two heritages had the characteristics of complex natural heritages that met ecological, historical and academic values at the same time based on landscape and public nature. In addition, both countries have identified a system for deliberating the designation of heritage through a basic resource survey and an in-depth designation survey, and classified each type according to the characteristics of the resource. In addition, the policies for promoting scenic sites in Korea and the integrated operation of the National Park Service in the U.S. influenced the designated aspects of the two heritage sites, balancing natural heritage with historical and cultural heritage. Fourth, the resource types and conservation management methods of Scenic site and National Park were largely related. The natural areas of the U.S. National Park include types of natural monuments in Korea as major resources, and have characteristics similar to natural scenic sites. In addition, historical resources were similar to the criteria for designation of historical and cultural scenic sites in terms of landscape, and the aspects of war and celebrity-related relics were related to the types of historic sites. In terms of conservation management, the natural area of the U.S. national park has a way of keeping the original ecosystem intact, but the Korean natural heritage protection system is likely to be useful for focusing on the resource of viscosity. Meanwhile, historical resources include historical sites and historical and cultural scenic sites in the traditional era, but historical relics in the U.S. National Parks have set a time limit to modern times for war history and celebrity-related relics, and the active provision of entertainment programs based on existing resources was derived as a difference.

• Land and Housing Review
• /
• v.6 no.2
• /
• pp.67-77
• /
• 2015

Now that it is the current situation that the smooth supply and demand are necessary for 2nd phase of beginning construction and stable development of Gaesung Industrial Complex, this study was willing to offer the planning criteria and model to establish the lodging for the workers in Gaesung Industrial Complex based on the agreement that both South and North Korea agreed in 2007. Regarding the plan, its standard and the alternative were reviewed considering welfare of workers, economic efficiency, technical validity, possibility of agreement and long-term development. The exclusive area per capita was calculated through Labor Standards Act of Korea and status survey of lodging for the workers provided to border line area between China and North Korea and the economic alternative based on one room for 6 persons with the public restroom was compared with that of development type based on one room for 4 persons with indoor restroom. Especially regarding the proposed site, the area with the optimized position was set by considering gradient, accessibility and convenience of development out of the area of Dongchang-ri where was agreed already and the priority of the proposed site that can keep the existing building site and provide was offered. The necessary period for whole construction was set as approximately 36 months. Regarding construction method, RC Rahmen method was selected as the optimized alternative considering the workmanship of manpower of North Korea and conditions of supply and demand of materials and cluster-type vehicle allocation plan based on 4~6 units considering the efficiency of supplying service facilities and convenient facilities along the simultaneous accommodation of 15,000 people was offered. It was analyzed that total business expenses of approximately 80~100 billion Korean Won would required though there were the difference for each alternative in the charged rental way that the development business owner develops by lending the inter-Korea Cooperation Fund and withdraws the rent by the benefit principle. The possibility of withdrawing the rent was analyzed assuming that the period of withdrawing the investment is 30 years. Especially for the operation management after moving, the establishment of the committee of operating the lodging for the workers of Gaesung Industrial Complex (tentative name) was offered with the dualized governance that the constructor takes charge of operational management, collecting fees and management of infrastructure and human resource management is delegated to North Korea.

• Journal of Korea Society of Industrial Information Systems
• /
• v.22 no.6
• /
• pp.47-59
• /
• 2017

Korean Economy has been developed by the Korean Government's Support for the Large-sized Firms. This Government Policy causes the Polarization between Large-sized and Micro-sized Firms Aggravated. Micro-sized Firms are distributed over the Whole Industry Area, and can also cause the Economic Crisis If They are crashed down. Therefore Government Policy for the Micro-sized Manufacturing Industry is very Important Issue. This Paper Focused on the Analysis of Current Status for the Shoes Micro Manufacturing Industry. For the Effective Analysis, This Paper uses the Statistical Data Open to the Public and also conducts the Survey for the Micro-sized Firms in Busan. Statistical Program is used for Analyzing the Collected Data and the Major Findings are as Follows. First, Shoes Industry is led by the Micro and Small & Medium sized Firms rather than the Large-sized. And the Micro-sized Firms are getting the High Rate among the Whole Shoes Industry. Busan is heavily populated Area as the Origin of Shoes Industry. Second, even though Most of the Owner of the Micro-sized Firms have the High Technology Skill Level, Worker's Aging Phenomenon gets Worse and causes the Technology Handing down to the Next Generation Difficult. Third, Because the Factory Facility of the Micro-sized Firms is Dirt and Unstable, the Modernized Manufacturing Infrastructure such as the Apartment Factory Facility is Necessary. Forth, as the Micro-sized Firms which have the Intangible Asset such as Patent is Few, the Government Policy for Encouraging the Patent Application is strongly Needed. Fifth, Entrepreneurship and Collaboration Mind between Micro-sized Firms are Lacked, so Establishment of the Cooperative Union is required. Finally, the Effort for the Systemic Planning for the Management is lacked, and the Introduction of the Management Innovation is strongly needed. The Limitation and Future Research Direction is also discussed.

• The Korean Journal of Air & Space Law and Policy
• /
• v.1
• /
• pp.193-222
• /
• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• Journal of Korean Society of Transportation
• /
• v.19 no.1
• /
• pp.101-114
• /
• 2001

Transportation enterprises should maintain constant and qualitative operation. Thus, in short period, transportation enterprises don't change supply in accordance with demand. In the result, transportation enterprises don't reduce operation in spite of management deficit at will. In freight transportation type, less-than-truckload(LTL) has more relation with above transportation feature than truckload(TL) does. Because freight transportation supply of TL is more flexible than that of LTL in correspondence of freight transportation demand. Relating to above mention, it appears that shortage of road and freight terminal of LTL is larger than that of TL. Especially in road and freight terminal comparison, shortage of freight terminal is larger than that of road. Shortage of road is the largest in 1990, and improved after-ward. But shortage of freight terminal is serious lately. So freight terminal needs more expansion than road, and shows better investment condition than road. Freight terminal expansion brings road expansion in LTL, on the contrary, freight terminal expansion substitutes freight terminal for road in TL. In transportation revenue, freight terminal's contribution to LTL is larger than that to TL. However, when we adjust quasi-fixed factor - road and freight terminal - to optimal level in the long run, in TL, diseconomies of scale becomes large, but in LTL, economies of scale becomes large. Consequently, it is necessary for TL to make counterplans to activate management of small size enterprises and owner drivers. And LTL should make use of economies of scale by solving the problem, such as nonprofit route, excess of rental freight handling of office, insufficiency of freight terminal, shortage of driver, and unpreparedness of freight insurance.

• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.28 no.1
• /
• pp.35-42
• /
• 2018

Objectives: The objectives of this study are to research the usage characteristics of asbestos-containing building materials and to conduct exposure risk assessment by applying no. 2016-230 "Methods of Risk Assessment of Asbestos-Containing Buildings" from the Ministry of Environment. Methods: One hundred buildings located in the Seoul and Gyeonggi-Incheon area were chosen, with 29 in Seoul, 20 in Incheon, and 51 in Gyeonggi-do Province. The year of construction was divided between three buildings in the 1970s, 11 buildings in the 1980s, 42 buildings in the 1990s, and 44 buildings in the 2000s. The bulk samples were analyzed by using a polarizing microscope after a pre-process using a stereomicroscope in a hood with an HEPA filter. This study defined ACMs(asbestos-containing materials) as asbestos when the content percentage was over 1% in the analysis result. Methods and standards of risk assessment of asbestos-containing building materials were conducted by refering to no. 2016-230 "Method of Risk Assessment of Asbestos-Containing Buildings" from the Ministry of Environment. The risk of exposure to ACMs was rated by a score based on three categories(high, middle, low risk of asbestos exposure). Results: In this study, 30 of the 100 buildings and 36 of the 416 bulk samples(8.6%) were found to have had asbestos. Asbestos was detected at a high rate, in 18 out of 42, in buildings constructed in the 1990s and at the lowest rate(7 out of 44) for buildings constructed in the 2000s. As a result of the evaluation according to no. 2016-230 "Method of Risk Assessment of Asbestos-Containing Buildings" of the Ministry of Environment, the risk assessment level of two asbestos-containing building materials was found to be "Medium", and 28 buildings materials were found to be at the "Low" level. Conclusion: As asbestos is regulated by the government, it is required to conduct active management and implemention by introducing methods of risk assessment of asbestos exposure that are supported by data from various situations. In the case of buildings owned by individuals, building owners should be aware of the risk of exposure to asbestos.

• Journal of the Korean Institute of Traditional Landscape Architecture
• /
• v.28 no.2
• /
• pp.57-66
• /
• 2010

In reviewing 'Dongkukesangkukjip(東國李相國集)' a selection of prose and poetry describing Toesikje, the house of Kee Heung-soo, a military official in the middle Goryeo Dynasty, the outcome of the study intended to infer garden scenery and landscape culture managed and possessed by high society at that time is outlined as follows. First, Kee Heung-soo, the owner of the house and Lee Kyu-bo, the author of Toesikje Palryeng(退食齋八詠) are thought to be those who first designated the 8 scenic points and recreated the concept of public enjoyment of into the concept of personal enjoyment in Korea. Second, the spatial configuration of the Toesikje garden is presumed to be in the Gee-Seung-Jeon-Gyul(introduction-development-turn-conclusion) style in which a fairyland is built to enjoy a free and peaceful life, while anticipating coming days and pursuing creation-prosperity-transcendence-return. Third, the viewpoint structure of the scenery Wongyeong(Toesikje), Donggyeong(Youngcheondong), Cheonggyeong(Cheokseojung), Myunggyeong(Dokrakwon), Jingyeong(Yeonmukdang), Sigyeong(Yeoneuiji), Yunggyeong(Nokgunheon), and Hyungyeong(Daehoseok) contains a symbolic universal vision of Palchejigyeongsek(the 8 scenic points) which incorporates Samwon(heaven, earth and water) and Obangwi(orientations), and the harmonization principle of the scenic points where the building and garden are harmonized. Fourth, Je, Dang, and Heon, Jeong(齋, 堂, 軒, 亭) are introduced to the garden, and Geehwayeecho, Jingeumgeesoo, Gasan and Goeseok(stone) were used in a variety of ways. Fifth, it was found that the management of Shinseongyeong and enjoyment of Yoosanggoksu events, with the study and seeking of perfect knowledge and discipline, wandering and rest led to a sublime appreciation of aesthetic beauty and divine glory. Sixth, a miniature garden was built to enjoy the view from above, together with the view in the distance, and a culture of secluded living, along with scenery expressing the heart's desire for Utopia was induced.

• Journal of Korean Society of Forest Science
• /
• v.100 no.2
• /
• pp.292-304
• /
• 2011

The purpose of this study is to draw institutional implications for tree cutting permit system improvement in comparison with Korea and foreign countries (German, Japan). A survey about recognition of cutting system and cutting-invigorating factors for two groups in charge of work for cutting permit (forest-official) and cutting operation (forest owner, tree butcher, forestry association, and forestry corporation) was carried out. The survey provides basic information which is necessary to improve current cutting system. The result of analysis about both German and Japan's cutting system show that clear cutting area to hinder function of forests tends to decrease and flexible final age of maturity considering condition of regional forest not uniform cutting age were applied. As a result of German and Japan's cutting system review flexible cutting system on regional characteristics is used to manage for the purpose of forest regeneration. The survey result about awareness and invigorating factors of cutting system represents that only public official group said final age of pine tree (3.13) and cedar (3.05) was proper and final age of other species of trees should have shortened. In matters of cutover area, current standard is less than 5ha per a felling area and the largest total area limit is 30 ha, only tree butcher, forestry corporation said cutover area must expand. Invigorating factors of current cutting system are reinforcement of cutover area, facility support, enrichment of technical training, increase of equipment support, simplification of administrative procedures, and provision of various benefits. The reinforcement of technical training among them especially represents the statistical significance of the participants' differential recognition.