• Journal of the Korea Society of Computer and Information
• /
• v.28 no.3
• /
• pp.149-157
• /
• 2023

The purpose of this study is to suggest that performers in the performing arts actively utilize the loading dock and stage door when evacuating from the stage space of a performance hall in a crisis situation. Therefore, first, we analyzed the system related to the performance hall's safety. The stage evacuation type was classified into A, B, C, and D forms by applying the building law audience evacuation standards. Second, statistical data were organized based on measurement data, and the characteristics of each form were summarized. Third, the network reliability measurement method was borrowed to evaluate the evacuation safety of the evacuation route in the stage space. We confirmed quantitatively that the direction of the loading dock direction and stage door direction on the stage is advantageous for evacuation. In this study, it was possible to distinguish the advantage of evacuation according to the type of evacuation, (A(0.1274)>B(0.1228).>.C(0.0487)) with A being the most advantageous. These results can be expected to improve the evacuation safety of the stage, and furthermore, they are expected to be used as basic data for stage evacuation.

• Journal of Navigation and Port Research
• /
• v.46 no.1
• /
• pp.26-32
• /
• 2022

The port is a space where maritime transport and land transport intersect and is an essential industrial infrastructure for international trade. Therefore, it has a very important function in the national economy. Although the space and the physical facilities of a port are important, it is also very important to efficiently manage and operate these port infrastructures. The government introduced the Port Authority System to strengthen the efficiency and professionalism of port management operations. Since the port authority systemis based on port autonomy, the independence and autonomy of the port authority are very important in port management and operation. Nevertheless, the Port Authority is not functioning properly because the government interferes excessively with the operations of the Port Authority. Therefore, it is suggested that the legal system should be improved to strengthen the autonomy of the Port Authority (PA). This study examines the perception of the legal system that needs to be improved to strengthen the autonomy of the Port Authority, and suggests policy measures for Port Authority workers, civil servants, port companies, and civic groups.

• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.1
• /
• pp.181-206
• /
• 2015

Due to the increased leisure time, national income levels, and increasing the desire for new experience, interest causes increasing demand for recent aviation leisure sport. This leads to the need for a competitive foundation of the expansion of aviation leisure sports market potential. In 2014, the MOLIT(Ministry of Land, Infrastructure and Transport) created definition of sport and recreational aviation industry in the Aviation Act. The most significant change in Aviation Act related to sport and recreational aviation, it allows easier access for those wishing to participate in the joy of flight and also creating a sport and recreational aviation business market expansion. Therefore, in this paper, by analyzing the trend of foreign policy trends and domestic policies that sport and recreational aviation has been enabled, it is trying to present the activation policy proposals of sport and recreational aviation that is suitable for Korea.

• The Korean Journal of Air & Space Law and Policy
• /
• v.18
• /
• pp.41-64
• /
• 2003

This paper describes the liability regime of the air carrier under the Montreal Convention of 1999 for the international cargo, comparing to those of the existing Warsaw system. Also this paper deals with main issues of the Montreal Convention which are relevent for the carrier's liability in the carriage of the air cargo. The Warsaw Convention was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975, and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. The air carrier is liable by application of principle of strict liability as stated in the Montreal Convention : The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air, and the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. However, the Montreal Convention has some outstanding issues with respect to the liability of the air carrier : potential conflicts between the Montreal Convention and the Warsaw Convention, the amounts of limits of the carrier's liability, the duration of the carrier's liability, the exessive litigation, and the aviation insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.29 no.7
• /
• pp.724-739
• /
• 2023

Located in the sea area between South Korea, North Korea, and China, the Yellow Sea plays an important role from a geopolitical perspective, and recently, as the use of marine space in the Yellow Sea is expanding, its social and economic values have been increasing further. In addition, owing to rapid climate changes, the need for joint response and cooperation between Korea and China is increasing in various fields, including changes in the marine environment and marine ecosystem and generation and movement of air pollutants. Accordingly, in this study, core topics were derived from research papers with the Yellow Sea as a keyword, and research trends to date were explored through author network analysis. As a specific research method, research papers related to the Yellow Sea published between 1984 and 2021 were extracted from the Web of Science database and were classified into four periods to derive core topics using topic modeling, a type of text mining. Furthermore, the influences of major research communities, researchers, and research institutes in the appropriate fields were identified through analyzing the author network, and their implications were presented. The analysis results indicated that the core topics of research papers on the Yellow Sea had changed over time, and differences existed in the influence (centrality) of key researchers. Finally, based on the results of this study, this study aims to identify research trends related to the Yellow Sea, major researchers, and research institutes and contribute to research cooperation between Korea and China regarding the Yellow Sea in the future.

• Journal of Environmental Impact Assessment
• /
• v.25 no.1
• /
• pp.25-40
• /
• 2016

This study suggests direction of new ordinance establishment for the future national application of Low Impact Development(LID) by analyzing current LID-related regulations of local governments, substantial agents to install and maintain a facility, through qualitative and quantitative methodologies. Four key words related to LID were derived from advisory conference and then ninety nine ordinances as the LID-related regulations were extracted to analyze. The study shows that rainwater-related ordinance passed in the middle of 2000s are being merely converted to the law on the promotion and support of water reuse. Regulations on water cycle and LID exist only in three cities nationwide(Seoul City, Suwon City and Namangju City). Interview with administrators of three cities to have LID-related regulations revealed following results. First, both rainwater and water reuse related regulations have not considered regional characteristics such as rainfall intensity, effects of impervious and merely followed guidelines by Ministry of Government Administration and Home Affairs. Second, existing ordinance is confined to specific facilities and thus cannot include the concept of LID which covers land and space utilization. Therefore, for proper application of LID, this study proposes issue of ordinance that resembles Seoul City ordinance and a new guideline that can reflect regional characteristics such as rainfall and location.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.1
• /
• pp.3-27
• /
• 2012

Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

• The Korean Journal of Air & Space Law and Policy
• /
• v.33 no.1
• /
• pp.175-204
• /
• 2018

Recently, the aviation leisure business has been legislated, and related industries have become active base with increasing the light sports aircraft within the legislation system. However, in the light sports aircraft safety problem, it is often mentioned that the flight is in violation of the regulations, the lack of safety consciousness of the operator and lack of ability, and the personal operators have a risk of accident of light aircraft such as insufficient safety management and poor maintenance. At present, the maintenance of light sports aircraft is carried out by the A & P mechanic in accordance with the relevant laws and regulations, but it is difficult to say that it is equipped with qualification and expertise. It is not a legal issue to undertake light sports aircraft maintenance work on the regulation system. However, the problem of reliability and appropriateness is constantly being raised because airplanes, light sports aircraft, and ultra-light vehicle are classified and serviced in a legal method. Although legal and institutional frameworks for light sports aircraft are separated, much of it is stipulated in the aviation law provisions. Light sports aircraft maintenance work also follows the current aircraft maintenance system. In the United States, Europe, and Australia where General Aviation developed, legal and institutional devices related to maintenance of light aircraft were introduced, and specialized maintenance tasks are covered in the light aircraft mechanics system. As a result of analysis of domestic and foreign laws and regulations, it is necessary to introduce the qualification system for maintenance of light aircraft. In advanced aviation countries such as the United States, Europe, and Australia, a light sports aircraft repairman system is installed to perform safety management. This is to cope with changes in the operating environment of the new light sports aircraft. This study does not suggest the need for a light aircraft repairman system. From the viewpoint of the legal system, the examination of the relevant laws and regulations revealed that the supplementary part of the system is necessary. It is also require that the necessity of introduction is raised in comparison with overseas cases. Based on these results, it is necessary to introduce the system into the light aircraft repairman system, and suggestions for how to improve it are suggested.

• The Korean Journal of Air & Space Law and Policy
• /
• v.29 no.2
• /
• pp.55-86
• /
• 2014

The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

• The Korean Journal of Air & Space Law and Policy
• /
• v.28 no.1
• /
• pp.97-114
• /
• 2013

The 6th Worldwide Air Transport Conference was held in Montreal in March 2013 under the auspices of ICAO. This conference, which has been held every ten years, is dealing with virtually every issue of international air transport, and aiming at updating ICAO policy in order to ensure long-term growth of international civil aviation. Last conference which took place in 2003 focused on the liberalization of air transport, and the 6th conference shifted its focus from whether to push for liberalization, to how to implement it. The main agenda items for the 6th conference was liberalization, safeguards, ownership, fair competition, airports and air navigation facilities, charges, and ICAO policy. The liberalization, and in particular progressive liberalization has been a main theme over the past decades. In the process leading to liberalization, there needs to be the expansion of market access, easing regulation on ownership and control of airlines. Furthermore, the provision of enough infrastructure such as airport and air navigation facilities may be contributing factor to remove impediments to liberalization. However, out of concern as for undermining interests of consumer and the weak, when liberalization is proceeding in a sudden and radical manner, there should be safeguards so as to ensure market participation by developing countries, consumer protection, and economical and transparent decision on taxes and charges. Fair competition which differs from promoting competition in the market, is a policy in order to protect the weak players and consumers from monopoly and oligopoly. The Korean delegation submitted 3 WPs (WP/85, 86 and 87) and 1 IP, and presented WPs, at the conference, which were a lot compared with previous occasions. A paradigm shift was emphasized to expedite the process of liberalization at the 6th conference. The reality is that with many previous recommendations to stress the importance of liberalization, and to urge States to change their attitudes, the pace of the liberalization has been very slow and staggering. The liberalization of air transport will contribute to the growth of air transport and related industry, to create new employment, promoting tourism and regional development, and further to facilitating mutual understanding and exchange, which will also lead to making a barrier-free world. In this context, it is expected that the next conference will also evaluate the on-going process of liberalization.