• Journal of the Korea Academia-Industrial cooperation Society
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• v.16 no.4
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• pp.2951-2957
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• 2015

The development of worldwide harmful algal blooms(HAB) is a serious problem for public health and fisheries industries. To evaluate the algicidal impact on the HAB species, algicide thiazolidinedione derivative (TD49) and yellow clay were examined, which is focus on assess the algicidal effects and inhibition to photosynthesis of HAB species. To obtain the detailed information, we analyzed the viability of target species related to activity Chl. a, photosynthetic efficiency($F_v/F_m$), and electron transport rate(ETR). Culture experiment was conducted to evaluate the algicidal effects of three harmful species(raphidophyceae Heterosigma akashiwo, Chattonella marina, and dinophyceae Heterocapsa circularisquama) and one non-harmful species (cryptophyceae Rhodomonas salina). Our experiments revealed that three HAB species were easily destroyed of the cell walls after TD49 dosing. Also, they had significantly reducing values of active Chl. a, $F_v/F_m$, and ETR, due to the damage of photosystem II by inter-cellular disturbance. As a result, the algicidal effect(%) for the three HABs were as follows, in the order of greatest to the least: H. circularisquama> C. marina> H. akashiwo. However, the algicidal effect for yellow clay remained to be <30% (p>0.01), implying that it may not have damaged the photosystem II. On the other hand, non-HAB R. salina was promoted at both TD49 and yellow clay treatments. Our results demonstrated that the TD49 is a good agent for the control of HABs H. akashiwo, C. marina, and H. circularisquama, whereas the yellow clay would not be suitable for the field application based on our experimental results.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.9-39
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• 2003

The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.177-214
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• 2016

During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.8 no.3
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• pp.52-63
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• 2009

Recently in Korea, in the case of metropolis, the urban signalized intersections are controlled by traffic information center or ITS center. Cheon-an City also established traffic information center through the 1st.-$\sim$3rd. ITS public construction and has managed this center that includes bus information service, traffic information collection and providing service, parking information service, and traffic responsive control system. In the Cheon-an metropolitan traffic signal operation, traffic signal controllers were grouped by the each main traffic flow axes and performed with coordinated signal timing for the signalized arterials, and also cycle and split changed by realtime traffic demands. Cheon-an urban traffic responsive control system was evaluated by intersection delay and speed, then it was verified that the delay decreased and vehicle speed improved. However, the rural signal control system to connect adjacency town was evaluated to have lower status than urban area due to the unimproved TOD (Time of day) plan. Therefore actuated signal control was examined for substitutive control system in isolated signal intersection. The aim of this article is to compare actuated signal control with TOD mode in the rural intersection of Cheon-an and to fine superiority of these two control mode, with evaluation of vehicle delay by using HCM(2000) method and by micro-simulation CORSlM. The result of field test show that actuated signal control gave better performance in delay comparison than the existing TOD signal control. And simulation outcome verified that non-optimized TOD has higher delay than optimized TOD mode, non-optimal actuated mode, and optimal actuated signal control mode. Particularly, these three modes delays had not different values according to the paired sample t-test. This is because small traffic demands were loaded in each links. This suggested actuated signal control is expected to be more effective than TOD mode in some rural isolated intersections which frequently need to survey for traffic volume.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.315-343
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• 2018

In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.235-268
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• 2019

Under the Aviation Safety Act of Korea, any person who intends to operate a drone is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of drones in the daytime, (ii) Operation of drones within Visual Line of Sight, (iii) Maintenance of a certain operating distance between drones and persons or properties on the ground/ water surface, (iv) Do not operate drones over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by drone, (vi) Do not drop any objects from drones. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes legal issues as to definition and regulations of drones in Korean Aviation Safety Act. This paper, also, offers some implications and suggestions for regulations of drones under Korean Aviation Safety Act by comparing the regulations of drones in Japanese Civil Aeronautics Act.

• Land and Housing Review
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• v.7 no.1
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• pp.19-29
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• 2016

This study proposes the big data policy and case studies in Korea and the application of land and housing of spatial big data to excavate the future business and to propose the spatial big data based application for the government policy in advance. As a result, at first, the policy and cases of big data in Korea were evaluated. Centered on the Government 3.0 Committee, the information from each department of government is being established with the big-data-based system, and the Ministry of Land, Infrastructure, and Transport is establishing the spatial big data system from 2013 to support application of big data through the platform of national spatial information and job creation. Second, based on the information system established and administrated by LH, the status of national territory information and the application of land and housing were evaluated. First of all, the information system is categorized mainly into the support of public ministration, statistical view, real estate information, on-line petition, and national policy support, and as a basic direction of major application, the national territory information (DB), demand of application (scope of work), and profit creation (business model) were regarded. After the settings of such basic direction, as a result of evaluating an approach in terms of work scope and work procedure, the four application fields were extracted: selection of candidate land for regional development business, administration and operation of rental house, settings of priority for land preservation, and settings of priority for urban generation. Third, to implement the application system of spatial big data in the four fields extracted, the required data and application and analytic procedures for each application field were proposed, and to implement the application solution of spatial big data, the improvement and future direction of evaluation required from LH were proposed.

• Journal of Korean Society for Geospatial Information Science
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• v.22 no.4
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• pp.63-69
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• 2014

Due to population growth and urban development in construction technology has expanded living space, underground construction as public transport as has been extended to the ground and underground urban traffic congestion increases. This underpass Stations sphere of influence this development was the center of the living space, space-time became a cultural space. However underpass ground space and time and space are enormous difficulties in contrast visibility due to smoke when light levels are low fire occurs, momentary loss of judgment errors due to a sense of orientation, rapid diffusion and ambient oxygen deficiency due to acquisition limitations, such as the Open resulting in property damage and personal injury. The purpose of this study is to analyze the existing system with respect to the address of the underground shopping center and system for presenting an address to the underground shopping mall in the basement of the straight and circular in connection with the street name address. Also can be known only to evacuate their citizens to address the position in the event of a fire inside the basement through the underground shopping mall address standardization system, the fire department only address exact location is being judged will be identified.

• The Journal of Society for e-Business Studies
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• v.21 no.2
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• pp.47-59
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• 2016

Parcel service is to deliver goods from one place to the designated destination requested according to user request. Parcel operations such as sorting, distributing, etc. or the managed information are heterogeneous by the companies. Additionally, it is impossible to support interoperability between companies with unformatted data of manual processing. Most parcel package boxes attached to paper typed waybill is attached is delivered to consignee. So, security problems such as personal information leaking are occurred, or extra processing time and logistics costs are needed due to wrong or the damaged information. Business environment of parcel service is rapidly changed as introducing unmanned delivery or the advanced technology such as Internet of Things. User want to know the accurate status or steps from parcel service request to delivery. To provide these requirements, the unified and integrated waybill information for reliable transportation of parcel service is needed. This information will provide to pickup or delivery carrier, warehouse or terminal, and parcel service user per pickup, transport, and delivery stage of parcel delivery service. Therefore, this paper defines the simplified and unified information model for parcel service waybill by analyzing information systems used for logistics unit processes that is occurred to parcel service, and manual work processes, and developing the relevant information of work flows occurred between business processes or transactions with the collected or processed information by from parcel service's stages. It is possible to share these standard model between business entities, and replacing paper typed waybill will improve national life safety as preventing security threats by paper typed waybill. As a result, it will promote the public interest from the stakeholder's perspective.