• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.3-40
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• 2020

The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

• Korean Security Journal
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• no.10
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• pp.103-125
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• 2005

Hazard are defined here as threat to life, well-being, material goods and environmental from the extremes of natural processes or technology. The challenges of natural and technology in increasing the exposure of people and property to risk pose a dilemma for any government seeking the fullest protection for its people and their property. As society progresses and as technology improves and becomes ever more intricate and far reaching, the human species is confronted with increasingly diverse and numerous catastrophic events. Not so infrequently, unfortunately, the impact of either a man-made or natural disaster is compounded by the fact that policy makers have neither prepared themselves or the public to respond appropriately to a disaster once the tragedy has struck. Many concerns have been raised for importance of emergency management after 1990's numerous urban disasters in Korea. Emergency management is the discipline and profession of applying science, technology, planning, and management to deal with extreme events that can injure or kill large numbers of people, cause extensive damage to property, and disrupt community life. When the primary function of private security is to protect lives and property of clients, emergency management should be included in the security service and many countermeasures should be carried out for that purpose. The purpose of this study is to establish ways and means needed to improve the private security emergency management system in Korea. This study is spilt into four chapters. Chapter I is the introduction part. Chapter II introduces the reader to a private security and emergency management theory, and Chapter III deals with the establishment of an effective emergency management system in Korea private security, Chapter IV is a conclusion. Policy makers and private security industry employers in Korea has not concerned with the importance of training and education by lack of recognition and has been passive about qualified guards. And the authorities supervising and the administrating the guards has not recognized the importance of private security and has neglected the training of the guards. In theses contexts, private security should develop and maintain a educational program of emergency management to meet their responsibilities to provide the protection and safety of the clients. Today's modern corporate security director, is, first of all, a competent, well-rounded business executive and, second, a 'service expert'. And, emergency management personnel in private security industry need continuous training.

• Korean Security Journal
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• no.10
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• pp.189-213
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• 2005

Risk management should be controlled systematically by effectively evaluating and suggesting countermeasures against the various risks which are followed by the change of the society and environment. These days, enterprise risk management became a new trend in the field. The first step in risk analysis is to recognize the risk factors, that is to verify the vulnerabilities of loss in the security facilities. The second step is to consider the probability of loss in assessing the risk factors. And the third step is to evaluate the criticality of loss. The security manager will determine the assessment grades and then the risk levels of each risk factor, on the basis of the result of risk analysis which includes the assessment of vulnerability, the provability of loss and the criticality. It is of great importance to put the result of risk analysis in mathematical statement for a scientific approach to risk management. Using the risk levels gained from the risk analysis, the security manager can develop a comprehensive and supplementary security plan. In planning the risk management measures to prepare against and minimize the loss, insurance is one of the best loss-prevention programs. However, insurance in and of itself is no longer able to meet the security challenges faced by major corporations. The security manager have to consider the cost-effectiveness, to suggest the productive risk management alternatives by using the security files which contains every information about the security matters. Also he/she have to reinforce the company regulations on security and safety, and to execute education repeatedly on security and risk management. Risk management makes the most efficient before-the-loss arrangement for and after-the-loss continuation of a business. So it is very much important to suggest a best cost-effective and realistic alternatives for optimizing risk management above all, and this function should by maintained and developed continuously and repeatedly.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.36 no.1
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• pp.97-104
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• 2016

In Korea, the number of crash accident victims per 100,000 population is three times higher than the average of OECD. In particular, 60% of it occurs on the community road. Thus, this study intends to analyze the causes of such accidents through a pedestrian and vehicle traffic survey. The purpose is to establish practical safety enhancement measures for community roads. In recent years, lots of changes have occurred in the pedestrian environment. A traffic survey shows that 65% of pedestrians walk on the right and 17% of people use smart-phones while walking. An eye camera experiment shows that the operation load of drivers on the community roads is more than 4 times higher than those in urban roads. According to a speed survey, 62% of vehicles drive at 30km/h or above. The characteristics of accidents on community roads are as follows. First, the ratio of accidents on the edge of the road is 2.3 times as high as those on other roads. Second, when people walk on the right, the ratio of accidents is 2.5 times as high as that of walking on the left. Third, it becomes more dangerous when people cross the road from the right to the left. The majority of accidents is caused by unsafe driving (84.4%). When a vehicle makes a left turn, the likelihood of accidents is 2.3 times as high as those caused by a right turn. The ratio of accidents caused by vehicles going backwards is 14% among all accidents. In community roads, the focus of drivers should be at least 4 times higher than those on urban roads. Thus, walking in the opposite direction of vehicles and careless behaviors are highly likely lead to accidents.

• Analytical Science and Technology
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• v.26 no.4
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• pp.268-275
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• 2013

Many kinds of liquid spray products are used in livelihood activities these days. Spray products can be distinguished by the target to be sprayed (like into the air or on human skin (body)). Because human can be exposed to volatile organic compounds (VOC) emitted from spray products, some considerations on safety or hazard of spray products should be needed. In this study, emission characteristics of VOCs were investigated against 10 types of liquid spray products (6 skin spray and 4 air spray products). The concentrations of benzene and toluene were determined by gas chromatography/mass spectrometry (GC/MS) equipped with a thermal desorber (TD). Their average concentrations from 6 skin spray products exhibited$ 5.64{\pm}1.95$ ($mean{\pm}S.D$) and $8.52{\pm}2.89$ ppb(w), respectively. In contrast, those of 4 air spray samples had $7.30{\pm}1.31$ and $7.19{\pm}1.78$ ppb(w), respectively. If liquid contents in spray samples are completely vaporized in one cubic meter (1 m3) after spraying for 10 seconds, their mean concentrations of skin spray products are $31.7{\pm}8.80$ (benzene) and $50.5{\pm}17.1{\mu}g/Sm^3$ (toluene). In contrast, those of air spray products are $24.0{\pm}4.30$ (benzene) and $23.6{\pm}5.83{\mu}g/Sm^3$ (toluene). The estimated concentration levels of benzene from two types of products (31.7 and $24.0{\mu}/Sm^3$) exceeded the Korean atmospheric environmental guideline ($5{\mu}g/Sm^3$). The results of this study thus suggest that some measures should be made to reduce or suppress the contents of VOC in spray products.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.31 no.1
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• pp.98-107
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• 2013

Big and old trees in the scenic spots with the attributes of remote villas are vulnerable to man-made damages and very sensitive to the external environment such as soil conditions, so the corresponding management plans are required. Thus this study has been conducted to survey the big and old trees in the scenic remote villas and suggest the ideal management plans. The results can be summarized as follows. First, regarding the tree heath above the ground, transformation of tree, death of branches, and death of barks are closely related to tree vigor. Particularly, the areas receiving many visitors require prompt countermeasures against the dried and dead tress above the ground and the areas in which dried and dead tress occurred and also the safety measures for the visitors and facilities. Second, regarding the soil environment, visitor traffic is closely related to the tree vigor. In 15 remote villa gardens, 64% of trees are exposed to heavy traffic and the tree vigor has declined due to an increase of visitor. Thus, there is a need to give positive consideration the installation of the complementary facilities and the plantation of herbal plants in the congested areas to form the ground surface that can tolerate the heavy visitor traffic. Third, remote gardens are in general located adjacent to ponds and mountain streams and thus the trees in the waterfront areas require the prompt countermeasures against the decline of growth due to the excess-moisture in the soil. Further the blockage of the sewage system due to the heavy rains dampens the surrounding soil, which results in lethal damages to the trees. Thus, there is a need of the maintenance of the waterfront areas and sewage system before and after the rainy season. In addition, there is a need to establish medium-long term management polices through the recognition of the importance of the main trees of remote villa gardens in scenic spots and prepare the tree management manual depending on the attributes of the corresponding areas. I strongly suggest making manuals for the systematic management as well as the extensive PR activities and education for the preservation of tress on a long-term basis; and furthermore securing the budget and manpower for the research and development of a systematic management system.

• The Journal of Industrial Distribution & Business
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• v.3 no.1
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• pp.7-16
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• 2012

Despite the enforcement of SSM control laws such as 'the Law of Developing the Distribution Industry (LDDI)' and 'the Law of Promoting Mutual Cooperation between Large and Small/medium Enterprises (LPMC)' stipulating the business adjustment system, the number of super-supermarkets (SSMs) has ever been expanding in Korea. In France, however, Super Centers are being regulated most strongly and directly in the whole Europe viewing that there is not a single SSM in Paris, which is emphasized to be the outcome from French government's regulation exerted on the opening of large scale retail stores. In France, the authority to approve store opening is deeply centralized and the store opening regulation is a socio-economic regulation driven by economic laws whereas EU strongly regulates the distribution industry. To control the French distribution industry, such seven laws and regulations as Commission départementale d'urbanisme commercial guidelines (CDLIC) (1969), the Royer Law (1973), the Doubin Law (1990), the Sapin Law (1993), the Raffarin Law (1996), solidarite et renouvellement urbains (SRU) (2000), and Loi de modernisation de l'économie (LME) (2009) have been promulgated one by one since the amendment of the Fontanet guidelines, through which commercial adjustment laws and regulations have been complemented and reinforced while regulatory measures have been taken. Even in the course of forming such strong regulatory laws, InterMarche, the largest supermarket chain in France, has been in existence as a global enterprise specialized in retail distribution with over 4,000 stores in Europe. InterMarche's business can be divided largely into two segments of food and non-food. As a supermarket chain, InterMarche's food segment has 2,300 stores in Europe and as a hard-discounter store chain in France, Netto has 420 stores. Restaumarch is a chain of traditional family restaurants and the steak house restaurant chain of Poivre Rouge has 4 restaurants currently. In addition, there are others like Ecomarche which is a supermarket chain for small and medium cities. In the non-food segment, the DIY and gardening chain of Bricomarche has a total of 620 stores in Europe. And the car-related chain of Roady has a total of 158 stores in Europe. There is the clothing chain of Veti as well. In view of InterMarche's management strategies, since its distribution strategy is to sell goods at cheap prices, buying goods cheap only is not enough. In other words, in order to sell goods cheap, it is all important to buy goods cheap, manage them cheap, systemize them cheap, and transport them cheap. In quality assurance, InterMarche has guaranteed the purchase safety for consumers by providing its own private brand products. InterMarche has 90 private brands of its own, thus being the retailer with the largest number of distributor brands in France. In view of its IT service strategy, InterMarche is utilizing a high performance IT system so as to obtainas much of the market information as possible and also to find out the best locations for opening stores. In its global expansion strategy of international alliance, InterMarche has established the ALDIS group together with the distribution enterprises of both Spain and Germany in order to expand its food purchase, whereas in the non-food segment, it has established the ARENA group in alliance with 11 international distribution enterprises. Such strategies of InterMarche have been intended to find out the consumer needs for both price and quality of goods and to secure the purchase and supply networks which are closely localized. It is necessary to cope promptly with the constantly changing circumstances through being unified with relevant regions and by providing diversified customer services as well. In view of the InterMarche's positive policy for promoting local partnerships as well as the assistance for enhancing the local economic structure, implications are existing for those retail distributors of our country.

• Journal of Navigation and Port Research
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• v.28 no.10 s.96
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• pp.899-908
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• 2004

The rise of income and introduction of 5 day a week working system give korean people opportunities to enjoy their leisure time. And many korean people have much interest in oceanic sports such as yachting and also oceanic leisure equipments. With the popularization and development of the equipments, the scope of oceanic activities has been expanding in Korea just as in the advanced oceanic countries. However, The current conditions for the sports in Korea are not advanced and even worse than underdeveloped countries. In order to develop the underdeveloped resources of Korean marina, we need to customize the marina models of advanced nations to serve the specific needs and circumstances of Korea As such we have carried out a comparative analysis of how Austrailia, Newzealand, Singapore, japan and Malaysia operate their marina, reaching the following conclusions. Firstly, in marina operations, in order to protect personal property rights and to preserve the environment, we must operate membership and non-membership, profit and non-profit schemes separately, yet without regulating the dress code entering or leaving the club house. Secondly, in order to accumulate greater value added, new sporting events should be hosted each year. There is also the need for an active use of volunteers, the generation of greater interest in yacht tourism, and the simplification of CIQ procedures for foreign yachts as well as the provision of language services. Thirdly, a permanent yacht school should be established, and classes should be taught by qualified instructors. Beginners, intermediary, and advanced learner classes should be managed separately with special emphasis on the dinghy yacht program for children. Fourthly, arrival and departure at the moorings must be regulated autonomically, and there must be systematic measures for the marina to be able, in part, to compensate for loss and damages to equipment, security and surveillance after usage fees have been paid for. Fifthly, marine safety personnel must be formed in accordance with Korea's current circumstances from civilian organizations in order to be used actively in benchmarking, rescue operations, and oceanic searches at times of disaster at sea.

• Korean Security Journal
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• no.59
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• pp.37-69
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• 2019

According to viewpoints of researchers and stakeholders, various opinions can be suggested on self-governing police system. Therefore, success of Korean self-governing police system will be defending on how to balance among conflicting values such as Empowerment, Political neutrality, Financial issues, Comprehensive competence in maintaining public safety. Before the launching of self-governing police system nation-wide, the experience of Jeju provincial police will be valuable model case. In specific, enlargement of work scope of self-governing police in Jeju province which has been introduced since last year will be a useful reference. There is more pessimism about self-governing police of Jeju province so far. However, this perspective is mostly based on the issue regarding hardwares such as manpower, equipment, law and organization. Issues regarding softwares such as organizational culture, operation system and work process need more attention to evaluate self-governing police system properly. To mark the first year after enlargement of work scope of Jeju police, this study demonstrate the overall result and implications of self-governing police of Jeju province based on documents, statistics, reports and media reports. In result, several preconditions are needed to implement the self-governing police system nation-wide successfully. 1. Strengthen the link between local government and local police 2. Establish the foundation for collaboration of state and local police 3. Enhance the aspect of citizen autonomy in local level 4. Reinforcing the capability of handling situation of state and local police 5. Invigorating the inter-organizational working group to operate self-governing police system effectively. The self-governing police system is unclosed topic to discuss. After this study, in-depth studies should be followed with more resources. Particularly, additional perspective including redundancy and equity need to be considered regarding self-governing police. By getting with the changes of macroscopic trends - lowbirth and aging, the fourth industrial revolution and possible reunification of north and south Koreas - these studies should suggest the long-term blueprint of self-governing police system of Korea.

• Journal of agricultural medicine and community health
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• v.21 no.2
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• pp.173-193
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• 1996

This study was carried out to elucidate the causes of farmer's disease and greenhouse disease in the rural area of Kyungnam province during 1996. 2,171 (69.1%) of the 3,140 adults above 20 years old who had lived in the selected 20 villages in Uiryong County of Kyungnam Province were selected in order to over both residents who live in the green house distracts and conventional rural area. The results were as follows: 1. Among the subjects, the male was 42.2% and female was 57.6%. The average age for the male was 52.3, 55.6 for the female. 2. The proportion of the farmers in the subjects was 81.5%. Among these 78.0% were engaged in the greenhouse farming. 3. Among the eight symptoms of Nofusho(japanese farmer's comples), lumbago was the most frequently complained and followed by shoulder stiffness and parenthesis of hand or foot. 4. The total score of farmer's disease was evidently higher in the female and the older the score was clearly bigger. 5. The prevalence of Nofusho(Japanese farmer's comples)was 26.8% and 43.15% was for the suspected Nofusho. In the male, the prevalence of Nofusho was 13.6% and 40.9% for the suspected Nofusho and in the female 36.5% and 44.7% were shown, comparatively. 6. According to the multiple classification analysis, sex, age, and occupation were selected as significant variables to explain the total score of Nofusho. 7. The correlations between the total score of Nofusho and the number of sick day, working years, and age were significant, comparatively. 8. According to the multiple classification analysis corolling interaction between independent variables, age was the only variable which was significant in the male and age, pesticide work in the female. 9. The score of greenhouse disease was highest in the group who engaged in greenhouse farming and conventional farming(2.76 for male, 3.77 for female) followed by the group who engaged only in greening house farming(2.66 for male, 3.49 for female) and by the group who engaged only in conventional farming(2.27 for male, 3.05 for female) 10. According to the multiple classification analysis with the total score of greenhouse disease as dependent variable, corolling interaction between independent variables, age and pesticide work were revealed as significant variables in the male, while, pesticide work and farming type were significant in the female. According to the above results, the following could be suggested. Because lumbago, shoulder stiffness, paresthesia of hand and foot were the most frequently complained symptoms in the respondent, the development of farming tool to reduce the body burden and periodical physical exercise and rest is highly recommended. It is revealed that both in the farmer' disease and greenhouse disease the score was higher in the female than in the male. So the reasonables measures is recommended to reduce the working hours of the female. Pesticide work was revealed as the significant variable in the female in farmer's disease and both in the male and the female in greenhouse disease. So the development of the safe method of pesticide spraying including safety education should be introduced. Particularly the female should be excluded in pesticide spraying.