• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.147-176
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• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.27-54
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• 2010

Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

• Korean Journal of Environment and Ecology
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• v.21 no.3
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• pp.243-256
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• 2007

The purpose of this paper is aimed at identifying the planting condition of greenbelt axis covering forests located at Sinhyeon-eup, Geoje-si and also establishing improvement plans for the ecological organization. The study was executed with buffer green space designed to mitigate noise, which is located at a halfway point linking Mt. Yukkyo(altitude of 50m) and Mt. Jungmae(altitude of 131m). The number of the biotope patterns was classified into 17 in total: the two are urbanized districts such as a townified district and streets and another 15 are greenbelts and open space such as forest biotope, inland water biotope, and landscaping tree plantations biotope. According to the analysis of biotope types, it was estimated that the making use of already established buffer greens as a linking medium with a foothold of Mt. Yukkyo and Jungmae, whose natural eco-system is well suited for habitation of living organism, is the one and only way to the influx of living organism into the downtown area. The green coverage rate of the base green area, sub-base green area and linkage green area was 160.29%, 128.37% and 44.37% respectively; the green capacity coefficient(i.e. GVZ[$Gr{\ddot{u}}nvolumezahl$]) for base green area, sub-base green area and linkage green area was $4.04m^3/m^2,\;3.95m^3/m^2\;and\;0.65m^3/m^2$ respectively. The base green area has constituted multi-layered vegetation structure and thus played a role as habitats for living organism and supply centre of species, whereas the sub-base green area has destroyed lower layer vegetation, and the linkage green area was in bad shape due to the lack of planting volume and damage of the shrub layer. Accordingly, this research paper intended to suggest detailed implementation plans for the improvement in landscape for city dwellers' use and relaxation; in other words, this paper focused on ecological build-up for the Influx of wild birds into the downtown area for the promotion of bio-diversity of species through the linkage of base green areas and the fostering of nature observing trails for citizens as well as the connecting of green areas through the build-up of roadside greens to make these green areas to be efficiently used as corridors for the influx of wild birds and bio-organism habitation and for citizens' using space.

• Journal of the Korean Society for Marine Environment & Energy
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• v.8 no.4
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• pp.227-235
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• 2005

This study aimed at suggesting management policy directions for the uninhabited islands of Korea which are national land resources with economic potential for tourism and development and strategic value for boundary delineation of territorial waters and exclusive economic zone as well as their unique ecological status. Review of existing management arrangements related to the uninhabited islands revealed six management issues to be addressed: insufficient data and their low reliability, lack of management policy directions, increase in ecosystem deterioration and perturbation by human activities, lack of policy measures for meeting utilization and development demands, weak management base with insufficient personnel and budget, and legal measures not taking Into account their unique ecological and socioeconomic characteristics. The management policy directions to improve the management of the uninhabited islands of Korea include management directions and strategies, and suggestions for legal improvement. Considering the unique ecological value of the uninhabited islands, management directions suggested are anti-degradation in which current and future demands for their utilization and development do not degrade the ecological potential of the uninhabited islands and integration in which land and sea areas are managed as an integrated management unit. Four strategies proposed to follow the management directions are enhancement of the knowledge base through a comprehensive survey, development and legislation of guidelines for the rational management of utilization and development demands, establishment of the comprehensive island debris collection and disposal system, and enhancement of management capacity. Legal improvement for the effective implementation of the management policy directions should include comprehensive uninhabited islands survey, legal utilization restraints and management guidelines based on classification of the islands, management boundary, and improvement of regulations on designated islands.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.1
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• pp.35-45
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• 2011

The landscape of Seoul was dynamically changed and developed with the rapid post-war economic growth. Seoul city designated a height regulation district to preserve and manage the city landscape and protect it from haphazard construction. The designation of a maximum height regulation district has obvious purpose and simple regulations which makes the implementation and management easy to apply yet the altitude restriction lacks an objective basis for its enforcement. Many studies have been done and the current uniform height regulation requires more objective and logical guidelines. This study selected the Bukhan Mountain area, a National Park designated to protect the environment, to present a new landscape height guideline to minimize environmental degradation and to harmonize the artificial and natural landscapes of the area. Document research was done to identify the regulation types(absolute height regulation, view line regulation, oblique line restriction regulation) and principles for height regulation district establishment, acknowledge the current status and issues of the Bukhan Mountain area's maximum height regulation district. Gangbuk-Gu was chosen as the site and survey was conducted on outstanding view points and view corridors of residents. From document research, an appropriate landscape height guideline was selected and applied to Gangbuk-Gu. According to the guideline, suitable heights for buildings were suggested. These were then applied to three-dimensional simulations and a final guideline was suggested.

• Korean Journal of Heritage: History & Science
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• v.53 no.2
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• pp.156-179
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• 2020

The Preservation Decree (1933) is the basic law relevant to the conservation of cultural property of colonial Chosun, and invoked clauses from the Old History Preservation Act (1897), the Historic Scenic Sites Natural Monument Preservation Act (1919), and the National Treasure Preservation Act (1929), which were all forms of Japanese Modern Cultural Heritage Law, and actually used the corresponding legal text of those laws. Thus, the fact that the Preservation Decree transplanted or imitated the Japanese Modern Cultural Heritage Law in the composition of the constitution can be proved to some extent. The main features and characteristics of the Preservation Decree are summarized below. First, in terms of preservation of cultural property, the Preservation Decree strengthened and expanded preservation beyond the existing conservation rules. In the conservation rules, the categories of cultural properties were limited to historic sites and relics, while the Preservation Decree classifies cultural properties into four categories: treasures, historic sites, scenic spots, and natural monuments. In addition, the Preservation Decree is considered to have advanced cultural property preservation law by establishing the standard for conserving cultural property, expanding the scope of cultural property, introducing explicit provisions on the restriction of ownership and the designation system for cultural property, and defining the basis for supporting the natural treasury. Second, the Preservation Decree admittedly had limitations as a colonial cultural property law. Article 1 of the Preservation Decree sets the standard of "Historic Enhancement or Example of Art" as a criteria for designating treasures. With the perspective of Japanese imperialism, this acted as a criterion for catering to cultural assets based on the governor's assimilation policy, revealing its limitations as a standard for preserving cultural assets. In addition, the Japanese imperialists asserted that the cultural property law served to reduce cultural property robbery, but the robbery and exporting of cultural assets by such means as grave robbery, trafficking, and exportation to Japan did not cease even after the Preservation Decree came into effect. This is because governors and officials who had to obey and protect the law become parties to looting and extraction of property, or the plunder and release of cultural property by the Japanese continued with their acknowledgement,. This indicates that cultural property legislation at that time did not function properly, as the governor allowed or condoned such exporting and plundering. In this way, the cultural property laws of the Japanese colonial period constituted discriminative colonial legislation which was selected and applied from the perspective of the Japanese government-general in the designation and preservation of cultural property, and the cultural property policy of Japan focused on the use of cultural assets as a means of realizing their assimilation policy. Therefore, this suggests that the cultural property legislation during the Japanese colonial period was used as a mechanism to solidify the cultural colonial rules of Chosun and to realize the assimilation policy of the Japanese government-general.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.55-84
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• 2015

The tuberculosis is the infectious disease. Generally, the active tuberculosis patient can infect the 10 persons for one year within the daily activities like casual conversation and singing together. The infectivity of tuberculosis can continue for a life time, and infected persons can remain at risk for developing active tuberculosis. To control this contagious disease, along with the active tuberculosis patients, non-infectious but non-compliant patients who can be infectious if their immune systems become impaired have to be managed. To control the non-complaint patients, medical treatment order should be combined with the public order. Because tuberculosis is the risk of community health, the human rights like liberty and freedom of movement can be restricted for public welfare under the article 37(2) of constitution. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated. The degree of restriction on the rights of citizens is different what methods are chosen to non-complaint patients. For example, under the directly observed therapy program, the patients and medical staffs make an appointment and meet to confirm the drug intakes according to the schedule, which is the medical treatment combined with the mildest public order. If the patients break the appointments or have the history of disobedient, the involuntary detention can obtain the legitimate cause. The Tuberculosis Prevention Act has the two step programs on this involuntary detention, The admission order (Article 15) is issued when the patients are infectious. The quarantine order (Artle 15-2) is issued when the patients are infectious and non-complaint. The legal criteria for involuntary detention are discussed and published through the international conventions and covenants. For example, World Health Organization had made guidance on human rights and involuntary detention for tuberculosis control. The restrictions should be carried out in accordance with the our law and in the legitimate objective of public interest. And the restriction should be based on scientific evidence and not imposed in an unreasonable or discriminatory manner. We define and adopt these international criteria under our constitution and legal system. Least restrictive alternative principle, proportionality principle and the individual evaluation methods are explained through the reviews of United States court decisions. Habeas Corpus Act is reviewed and adopted as the procedural due process to protect the patient rights as a citizen. Along with that, what conditions and facilities which are needed to performed quarantine order are discussed.

• Journal of Distribution Science
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• v.10 no.6
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• pp.39-53
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• 2012

It is widely known that knowledge management plays a facilitating role that contributes to upgrading organizational performance. Knowledge management systems (KMS), especially, support the knowledge management process including the sharing, creating, and using of knowledge within a company, and maximize the value of knowledge resources within an organization. Despite this widely held belief, there are few studies that describe how companies actually develop, share, and practice their knowledge. Companies in the domestic small franchise sector, which are in the early stages in terms of knowledge management, need to improve their KMS to manage their franchisees effectively. From this perspective, this study uses a qualitative approach to explore the actual process of knowledge management implementation. This article presents a case study of PB (Paris Baguette) company, which is the first to build a KMS in the franchise industry. The study was able to confirm the following facts through the analysis of target companies. First, the chief executive's support is a critical success factor and this support can increase the participation of organization members. Second, it is important to build a process and culture that actively creates and leverages information in knowledge management activities. The organizational learning culture should be one where the creation, learning, and sharing of new knowledge is developed continuously. Third, a horizontal network organization is needed in order to make relationships within the organization more close-knit. Fourth, in order to connect the diverse processes such as knowledge acquisition, storage, and utilization of knowledge management activities, information technology (IT) capabilities are essential. Indeed, IT can be a powerful tool for improving the quality of work and maximizing the spread and use of knowledge. However, during the construction of an intranet based KMS, research is required to ensure that the most efficient system is implemented. Finally, proper evaluation and compensation are important success factors. In order to develop knowledge workers, an appropriate program of promotion and compensation should be established. Also, building members' confidence in the benefits of knowledge management should be an ongoing activity. The company developed its original KMS to achieve a flexible and proactive organization, and a new KMS to improve organizational and personal capabilities. The PB case shows that there are differences between participants perceptions and actual performance in managing knowledge; that knowledge management is not a matter of formality but a paradigm that assures the sharing of knowledge; and that IT boosts communication skills, thus creating a mutual relationship to enhance the flow of knowledge and information between people. Knowledge management for building organizational capabilities can be successful when considering its focus and ways to increase its acceptance. This study suggests guidelines for major factors that corporate executives of domestic franchises should consider to improve knowledge management and the higher operating activities that can be used.

• Journal of Wetlands Research
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• v.23 no.4
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• pp.327-341
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• 2021

The riparian eco-belt is an efficient technique that can reduce non-point pollution sources in the basin and improve ecological connectivity and health. In Korea, a legal system for the construction and management of riparian eco-belts is in operation. However, it is currently excluded that rivers and floodplains in dam reservoir that are advantageous for buffer functions such as control of non-point pollutants and ecological habitats. Accordingly, this study presented and analyzed a plan to select a site for an integrated riparian ecol-belt that comprehensively evaluates the water quality and ecosystem characteristics of each dam floodplain and riparian zone for the Daecheong Dam basin in Geum River watershed. First, the Daecheong Dam basin was divided into 138 sub-basin with GIS, and the riparian zone adjacent to the dam floodplain was analyzed. Sixteen evaluation factors related to the ecosystem and water quality impact that affect the selection of integrated riparian eco-belt were decided, and weights for the importance of each factor were set through AHP analysis. The priority of site suitability was derived by conducting an integrated evaluation by applying weights to sub-basin by floodplains and riparian zone factors. In order to determine whether the sites derived through GIS site analysis are sutiable for actual implementation, five sites were inspected according to three factors: land use, pollution sources, and ecological connectivity. As a result, it was confirmed that all sites were appropriate to apply integrated riparian ecol-belt. It is judged that the riparian eco-belt site analysis technique proposed through this study can be applied as a useful tool when establishing an integrated riparian zone management policy in the future. However, it might be necessary to experiment various evaluation factors and weights for each item according to the characteristics and issues of each dam. Additional research need to be conducted on elaborated conservation and restoration strategies considering the Green-Blue Network aspect, evaluation of ecosystem services, and interconnection between related laws and policy and its improvements.

• 한국노년학
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• v.38 no.4
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• pp.1035-1055
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• 2018

The purpose of this study is to investigate the relationship between public care and family care. Public care for older adults began in 2008 with the implementation of the Long-Term Care insurance in South Korea. Although the expansion of public care has the purpose of reducing the care burden for the family, it is not easy to say whether the developments of public care system reduce the amount of family care for older family members. Theoretically, public care and family care are expected to have various relationships depending on the degree of the role and function(substitution, hierarchical compensatory, task specific, supplementation, complementarity). And literatures have showed inconsistent results depending on the country, data, and methods. In this study, we analyzed the relationship between two care types focusing on home care services for older persons. Analyses were based on data from the second(2008) to sixth(2016) waves of Korean Longitudinal Study of Ageing(KLoSA). To investigate elderly care dynamics in the households, we pooled the data for four changes between two periods(2008-2010, 2010-2012, 2012-2014, and 2014-2016). This study used an analytic sample of 262 older adults, who are aged 55 over and experienced public care at least one point of time. We used Fixed-Effects(FE) model to analyze the differences within the same individuals under the condition that time-invariant unobserved factors are controlled. This study distinguished the cases of entry into public care and other cases of exiting public care. The results showed that older people who are dependent on public care are less dependent on family care than before. In both entry and exit groups, negative relations were maintained, but in the entering stage of public care, the degree of negative relations was relatively small, whereas in the stage of maintaining or departing from public care, relatively negative relations were strong. At the beginning periods, even though public care increased, family care did not decrease significantly. On the other hand, at the time of ending public care and relying on family care, family care increased significantly. The results of this study show that the relationship between public care and family care is close to hierarchical compensatory model and varies according to the stage of caring transition. Also, it was found that the cases of transition from public care to family care have the biggest burden of elderly care than other groups.