• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.311-336
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• 2015

This article surveys the current international law with respect to RPAS from both the public air law and private air law perspectives. It then reviews current and proposed Australian domestic RPAS regulation while emphasizing the peculiar risks in operation of RPAS; and how they affect concepts of liability, safety and privacy. While RPAS operations still constitute only a small portion of total operations within commercial aviation, international pilotless flight for commercial air transport remains a future reality. As the industry is developing so quickly the earlier the pursuit of the right policy solutions begins, the better the law will be able to cope with the technological realities when the inevitable risks manifest in accidents. The paper acknowledges that a domestic or regional approach to RPAS, typified by the legislative success of the Australian experience, is and continues to be the principal measure to deal with RPAS issues globally. Furthermore, safety remains the foremost factor in present and revised Australian RPAS regulation. This has an analogue to the international situation. Creating safety-related rules is imperative and must precede the creation or adoption of liability rules because the former mitigates the risk of accidents which trigger the application of the latter. The flipside of a lack of binding airworthiness standards for RPAS operators is potentially a strong argument that the liability regime (and particularly strict liability of operators) is unfair and unsuited to pilotless flight. The potential solutions the authors raise include the need for revised ICAO guidance and, in particular, SARPs with respect to RPAS air safety, airworthiness, and potentially liability issues for participants/passengers, and those on the ground. Such guidance could then be adapted swiftly for appropriate incorporation into domestic laws bypassing the need for or administrative burden and time it would take to activate the treaty process to deal with an arm of aviation that states know all too well is in need of safety regulation and monitoring.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.55-71
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• 2013

By aircraft from Aviation regulations and institutional regulatory framework for ensuring the safety is secured. State-of-the-art aircraft, according to the type of development and diversification, modernization and new types of aircraft are operated. In particular, light aircraft and ultralight flying device such as the gyro-plane and unmanned flying devices is introduced a new device, and the device operates at these flight in accordance with the standards of the Aviation Act regulations may not occur often. Variety of light aircraft and ultra-light aircraft assembly, can be adapted for a person engaged in the business of aviation safety management and to perform the legal basis was established. Depending on the classification of newly introduced aircraft, the biggest change is the introduction of the concept of the LSA. In Korea, the various light aircraft are operating, but these aircraft range not clearly Aviation Regulations had difficulty in ensuring safety. This study examined the differences between international rules and regulations of Korea about the classification of aircraft. The LSA are included in aircraft categories internationally, but LSA will not be included in the aircraft categories, which is one of a range of powered flight device exists in Korea Aviation Act. Limit for maximum continuous power speed in a LSA, it is a limit on the right of the people who want using the high-performance plane. Also it is an international trend does not fit in, and is consistent with the intent of LSA manufacturer. Delete the content from a range of future aviation law revisions and light aircraft-related provisions to limit the maximum continuous power speed is considered to be suitable for the purpose of introducing the light aircraft industry. The laws and regulations set up in order to ensure the safety of ultralight aircraft categories existing in ultralight aircraft that exceeds the purpose of the introduction of LSA technology development at home and abroad, and is intended to reflect. These standards complement of aircraft operation is not appropriate for the situation unless the country is difficult to ensure the safety of operations. Also developed in other countries, the introduction of aircraft operating in the country, so many problems occur early revision is required.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.3-43
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• 2018

The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

• Journal of the Korean Institute of Landscape Architecture
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• v.36 no.5
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• pp.73-81
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• 2008

The purpose of this study is to create a database of the use of landscape greenery that surrounds commercial buildings in Seoul. The method of this study was: to review preceding studies and related laws, survey areas, measure trees, and analyze the results. The 20 representative sites were specifically investigated to measure the width, direction, and environment of planting conditions. To analyze the greens adjacent to the building, the greens were divided into three types: front greenery, side greenery, and rear greenery. The study surveyed the distance from trees to adjacent buildings, and their planting conditions. The results of this study are as follows. First, 45% of the front greenery and 30% of the rear greenery were not established, but 19 of the 20 side greens were. Second, 13 of the 44 green areas adjacent to commercial buildings were under 1m in width. Most side greenery was belt -shape and unrelated to the features of the site or building. Third, the average distance from trees to buildings was 0.76m, indicating that most trees were planted too close to the buildings. Fourth, of the 30 trees utilized, the species breakdown was: 8 evergreen trees, 15 deciduous trees, and 7 shrubs. For the most part, planting patterns were similar for all species. Fifth, most sites were ill-suited to tree growth, because crown shape, planting conditions, and light conditions, etc., had not been considered. Based on these results, it is suggested that more specific, subdivided standards for planting conditions should be established. For example, building plans should include a green area that is at least one meter in width. In addition, according to the location and type(closing/opening) of the greenery adjacent to the buildings, suitable management programs and supervision protocol should be adopted.

• Journal of the Korean Institute of Landscape Architecture
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• v.38 no.5
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• pp.1-11
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• 2010

The outdoor space of an elementary school is the most familiar and most educational area for children. A paradigm shift in education has demanded a new role and direction for these outdoor spaces. The construction of children-friendly spaces, however, lags behind. The child-participatory design process is very meaningful at a time when many outdoor spaces have difficulties in reflecting the varied and specific demands of children. This study realized the necessity for a design that includes a child-participatory design process in construction the outdoor spaces of elementary schools. Through reference study and a theoretical approach of related laws, this study established a child-participatory design process model and applied it to Seoul Don-Am Elementary School. The design process included playing games and providing interesting tools to increase the participation of children in suggesting and presenting their opinions more freely. The design process of this study is described in five steps(eliciting interest in and recognition of the target space, Understanding children's expectations and the expressing thereof, Establishing factors for planning, Visualizing and arranging spaces, and Decision-making and building a final design plan). This process was applied to the planning and design of an outdoor space for Seoul Don-Am Elementary School. In this study, it is clear that the design of the participators and experts have a different purpose. Thus, the process of the design has more meaning than the final product. In addition, it is expected that an improvement in both tangible and intangible designs will be seen. Using a participatory design process, this study successfully improved the facilities and arrangement planning of an outdoor space. At the same time, it also enhanced the interest and participation of children in the process of creating the kind of school they desire. The significance of this study is that it has suggested an effective model to reflect the demands of children, the true users of the outdoor space, and the results were actually applied to elementary school outdoor planning and designing. This study enhanced the awareness of school members in the process of building the school's outdoor space.

• Korean Security Journal
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• no.61
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• pp.285-305
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• 2019

In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

• Korean Security Journal
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• no.61
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• pp.39-57
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• 2019

The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.6
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• pp.646-652
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• 2014

Data of pollution incidents which occurred in shipyards of South Korea for 10 years from 2004 to 2013 were collected and analyzed in order to propose the plans for the prevention of pollution incidents in shipyards. Total number of pollution incidents in shipyards was 103 cases over the nation of Korea for the recent 10 years and the average annual number was about 10 cases, and annual cases tended to increase from 8 cases in 2004 to 23 cases in 2010 and then to decrease to 9 cases in 2013. The location data of pollution incidents showed 32 cases in Busan metropolitan city (31%), 30 cases in Jeonnam (29%), 21 cases in Gyeongam (21%), 5 cases in Jeju (5%), 4 cases in Gangwon (4%), 4 cases in Gyeongbuk (4%), 3 cases in Chungnam (3%) and 3 cases in Incheon metropolitan city (3%). According to the data of work types of shipyards, 60 cases happened during the work of ship repair (58%), 25 cases during the work of ship breakup (24%), 10 cases in the course of ship building (10%) and 8 cases by others (8%). The data of pollutant type showed oil and oily mixtures to be 59 cases (57%), waste paint dust to be 22 cases (21%), iron dust and welding slag to be 13 cases (13%), wastes to be 4 cases (4%), waste FRP powder to be 3 cases (3%), and others to be 2 cases (2%). The plans for the prevention of pollution incidents in shipyards of Korea were proposed as follows; (1) Observance of the related laws and regulations, (2) Establishment and implementation of action plans to prevent areas dense with shipyards from causing pollution incidents, (3) Establishment and implementation of oil pollution prevention plans in shipyards, especially during the ship repair and breakup works, (4) Preparation of measures to solve civil complaints against pollution incidents in shipyards, and (5) Improvement in national management for the control of shipyards.

• Journal of the Korea Society of Computer and Information
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• v.6 no.4
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• pp.188-205
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• 2001

Insurer's duty of declaration is based on reciprocity of principle of the highest good, and recently it is widely recognized in the British and American insurance circles. The conception of fiduciary relationship is no longer equity or the legal theory which is only confined to the nations with Anglo-American laws. Therefore, recognizing the fiduciary relationship as the essence of insurance contract, which is more closely related to public interest than any other fields. will serve an efficient measure to seek fair and reasonable relationship with contractor, and provide legal foundation which permits contractor to bring an action for damage against violation of insurer's duty of declaration. In the future, only when the fiduciary relationship is approved as the essence of insurance contract, the business performance and quality of insurance industry is expected to increase. Therefore, to keep well this fiduciary relationship, or increase the fiduciary relationship persistency rates seems to be the bottom line in the insurance industry. In this paper, we developed a fiduciary relationship maintenance ratio based on comparison by case, which is represented with usually maintained contract months to paid months, based on each contract of the basis point. In this paper we have developed a new business model seeking the maximum profit with low cost and high efficiency, management policy of putting its priority on its substantiality, as an improvement measure to break away from the vicious circle of high cost and low efficiency, and management policy of putting its priority on its external growth(expansion of market share).

• Journal of Technology Innovation
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• v.28 no.4
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• pp.1-26
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• 2020

Due to the spread of Corona 19 around the world, Infectious Disease Medicine and New Medical Devices such as Diagnostic Agent are being rapidly developed and launched, and for the fast supply and demand of these, each country has eased import regulations or has implemented policies for fast approval(NIDS, 2020). On the other hand, New Developed Medical Devices that are not related to New Infectious Diseases, they are still entering the market through strict licensing and licensing regulations, such as delay and cancellation in the test inspection process, etc. Therefore, This Study specialized in the government-managed laws encountered when New Medical Devices enter the market, derive Factors influencing the Strength of Regulations, analyzes the Strength of Regulations, and proposes a Regulatory Response Framework. The Research Method was conducted by Literature Research, was applied by Failure Mode and Effects Analysis(FMEA) Method, Expert Interview(1st): Idea Collection, Expert Interview(2nd): Validation, and Priority through the Application Process of FMEA Method. A Method of Quantifying the Intensity of Regulation was proposed by multiplying the Impact of the Influencing Factors for each stage of regulation and the Burden Impact for each type of Regulatory Affairs to find the Importance of the Regulatory Factors and multiplying the Severity of the Regulatory Impact. The Implications are that major overseas countries and the Korean government are actively responding with Special Regulatory Policies and Mitigation Policies for fast licensing of New Developed Medical Devices in accordance with Corona 19. It is expected that the direction for improvement of regulations and measures to respond to regulations will be implemented so that a more proactive and preemptive response to the regulatory process of the licensing policy for New Devices can be achieved.