• Title/Summary/Keyword: US Case Law

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A Study on the Legal Application for Sport Pilot Certificate in Korea (스포츠조종사 자격증명의 국내 적용에 대한 연구)

  • Noh, Yo-Sup;Kim, Young-Hoon
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.13 no.3
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    • pp.43-60
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    • 2005
  • In september 2004, a new pilot certificate scheme referred to as Sport Pilot Certificate was declared official and standardized in the US. The designation of Light-sport aircraft and the details of the relevant pilot certificate policy was announced out of the perception that a new regulation is required to be applied whereby the limitations on the manufacturing process enhancements and current aviation rules are considered the triggering factors. US Federal Aviation Regulation retains a comprehensive range of airworthiness certificates and aircrafts are managed systematically in accordance with FAR 21, 103. The airworthiness are further segregated into sub categories, which allows differentiated management. Korean Aviation Law classify aircraft into five different categories and powered air vehicle that weighs more than 150kg(19liters fuel capacity) for one seat, 225kg for two seats(38liters fuel capacity) while the systems that fall under a specific mass threshold level are known as ultralight vehicle. The research discusses the policy of the sport pilot certificate and the light-sport aircraft ratings announced official by the Federal Aviation Administration in an intuitive fashion with the analysis of the operations providing the evidence as to the viability of adopting the policy in local grounds. Based on the findings, the report discusses the case for introducing the light-sport aircraft and make recommendation on a strategy of applying the policy in Korea with respect to the pilot certificates, safety agenda, and the written test for the pilot certificate, and operating efficiency.

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Urban Regeneration Plan for Mid-sized Cities Deploying the Concept of Smart City - Focused on the US Smart City Challenge in 2015 - (스마트시티 개념을 이용한 중소도시재생계획에 대한 연구 - 2015 미국 스마트시티챌린지 공모전을 중심으로 -)

  • Yoo, Seungho;Kim, Yongseung;Kim, Soyeon
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.35 no.9
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    • pp.29-40
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    • 2019
  • The concept of smart city is understood as an indispensable component of urban regeneration projects in small cities in terms of providing a better urban environment and efficient living systems with a limited budget. Recently, the Korean government revised the law that related to the construction of the smart city and started to implement the smart city concept not only to new-large urban development but also to small-existed regeneration projects. However, it is difficult for small and medium-sized cities that are suffering from the insufficient professional workforce; knowledge supports for high-tech and lack of professional networks to proceed smart city planning and project that containing regional characteristics. This paper aims to examine the effective way of urban regeneration for small and medium-sized cities through smart city planning and strategy. As an important case, this paper looks at the 'Smart City Challenge' competition that was hosted by the US Department of Transportation in 2015. It examines the background and operation process of the smart city challenge competition, and then analyses each city's strategy and characteristics of seven finalists. This paper highlights the several key lessons to Korean cities: 1) the importance of national government's support in financial and professional resources; 2) the cooperation with local governments and IT corporations which provides realistic and detailed technical solutions; 3) the holistic and integrated approach to urban regeneration starting from transportation issues; 4) the necessity of the government's clear visions and guidelines toward the smart city.

A Study on the Introduction of Arbitration Appeal System (중재상소제도 도입에 관한 연구)

  • Hong, Seok-Mo
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.3-20
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    • 2010
  • Traditionally, finality has been regarded as one of virtues of arbitration. However in many cases absence of appeal process in arbitration is also a factor deterring people from choosing arbitration. Even though unsatisfied party may resort to a court for annulment of an award, it is allowed only when there are procedural defects. When there are substantive defects in matters of fact or matters of law, it is not easy or almost impossible to bring the case on the table again. The introduction of arbitration appeal process has been discussed in international arbitration fora, and some countries have already been adopting appeal process. Realizing this trend, it is time for us to consider adopting similar appeal process. Arbitration being based on the party autonomy, there's no good reason to prohibit appeal when the parties agree to do so. Arbitration appeal should be allowed within arbitration system itself, rather than resorting to a court, so that many virtues of arbitration can be maintained in the appeal. In designing an arbitration appeal system, following measures should be considered: minimum amount in dispute to trigger the right of appeal should be set in order to reduce the volume of appeal; losing appellant should be responsible for the legal cost of his opponent in order to deter non-meritorious appeals; time limits on initial appeal application and subsequent briefs should be set in order to accelerate appeal process; and, appeal tribunals should be composed of more experienced arbitrators in order to provide more accurate award. If we are equipped with a well designed appeal process within arbitration system, Korea will be able to emerge as an attractive international arbitration forum.

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A study on the multilateralism in aircraft and air liners nationality and its implication with respect to the Article 7 of the Chicago Convention (항공기(航空機) 및 항공사(航空社)의 국적(國籍) 다원화(多元化)와 시카고 조약(條約) 제7조의 해석(解釋) 문제(問題))

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.7
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    • pp.151-175
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    • 1995
  • In recent years, questions have arisen under several forms with respect to the need for adapting present legal order established under the Chicago Convention and relevant customary rules into newly developed environment surrounding the international air transport industry. Major feature of such trends included in opinions for modification of the present legal order might be defined as more liberalistic approach to this industry. In this respect, many scholars and lawyers in this field agree with a view that a theoretical tie between an aircraft/air liners and a register - State lies in political and strategical concern of the State so that each aircraft/air liners has been attributed a single nationality. In the context of such concern, each aircraft/air liners has been related with each register-State in the form of "genuine connection". However, present and near future development of air transport industry and its world - wide market requires some modification of such single nationality regime. Taking into account such circumstances, States as creator of present legal order are in the process of establishing new legal order where air liners with multi - nationality are capable of satisfying to such needs. As adopting a series of liberalization package for air transport industry in european continent, European Union adopts a concept of "community air carrier", by which an air space of each member State is open to each other, especially through the grant of cabotage right. A serious concern may arise in such grant because the Article 7 of the Chicago Convention prohibits such grant on an exclusive basis. While many theoretical opinions have been put forward concerning the interpretation of that article, a case of European Union shall be a good test of the range of its application. It is anticipated that future development around this issue shaH furnish us a major feature of the liberalization of international air transportation and an adaptation process of present legal order.

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Countermeasures for Flood Protection of Power Facility at Substation and Ground (수변전실 및 지상 전력기기 침수방지 대책에 관한 연구)

  • Kim, Gi-Hyun;Choi, Myeong-Il;Bae, Suk-Myong;Lee, Jae-Yong
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.22 no.4
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    • pp.78-84
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    • 2008
  • Inundation of substation and ground power equipment broke out every summer season in low-lying downtown and low-lying shore by localized heavy rain, typhoon and tidal wave. In case inundation excluding the exchanging cost of equipment, it occurs a great economic and social loss owing to recovery time and events of electric shock occur by inundation electrical facility. So we researched the installation situation of substation and power equipment and inundation loss at Flood Danger Area. And we analyzed refutation or law relating to the flood protection counterplan of US, England Australia. We present flood protection countermeasures by survey and analyzing the internal standard and his paper will be used to resent a reform proposal of electrical feinted law about flood protection.

A Study on Risk Analysis and Relevant Measures for the Successful Performance in Overseas Construction Projects - Including Case Analysis on A Overseas Construction Project - (해외건설 프로젝트의 성공적 수행을 위한 위험요소 및 대처방안에 대한 연구 - 해외건설 사례분석을 포함하여 -)

  • Kim, Sang-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.50
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    • pp.215-250
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    • 2011
  • Korean won overseas construction projects worth 71.6 billion US Dollars in 2010, which exceeded that of 2009 by 45.6%. An overseas construction project is a transaction of large scale, long term project, many parties participating, deferred payment, and of high-technology. It contributes to foreign currency earning, and also leads the nation's export restructuring work towards high value-added one. There are various kinds of risks towards the relevant parties respectively, which are key elements in successfully performing the overseas construction project. There are completion risk, financing risk, operating risk, revenue risk etc, in an employer's place. A contractor may be confronted with payment risk, issuance risk of performance bond, financing risk, performance risk of sub-contractors, and exchange rate risk. In lenders place there are repayment risk, completion risk, and political risk in the host country. In order to mitigate risks, the parties shall take relevant measures or require relevant securities. A contractor needs to evaluate the credibility of an employer in respect of payment risk, and can also request export insurance cover by the Korea Trade Insurance Corporation(the former 'Korea Export Insurance Corporation"). An employer can require a contractor to provide performance bond in respect of completion risk, and employ a well-known first class bank as a mandated arranger to arrange financing with regard to completion risk. Lenders needs to evaluate the credibility of an employer and accomplish feasibility study of the project. Lenders can request insurance cover from export credit agency. Once the parties assess the respective risks and obtain relevant securities, the project will be successfully completed. The success of the project will be sure to bring the parties involved enormous profits and another opportunity to participate in overseas construction project afterwards.

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An Analysis of Research Trend on Risk Management in FTA (리스크관리 측면에서 FTA 연구동향 분석)

  • LIM, Mok-Sam;CHOI, Mi-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.78
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    • pp.119-143
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    • 2018
  • This research aims to review every important academic research on risk management in FTA and to suggest a future area for further research. This research area seems to focus on conceptual study or fact finding rather than on theory development or empirical research on causal relationship or theory testing. The National Assembly Digital Library analyzed the results of 3,576 researches on thesis and journals fromthe results of the FTA. Research on FTA is analyzed in four major themes. First, there have been previous studies on business performance such as FTA export performance and economic effect. Second, analyzed the effects of FTA in product and service. The products are classified into agricultural, marine products, manufacturing, textiles and clothing, medicinal pharmaceuticals, cosmetics, and others. Services are classified into educational and cultural contents, service industry and financial industry. Third, research on the risk management of FTA Origin is broadly classified into the use of country of origin and the verification of origin, and the use of origin includes the study of rules of origin and systems of origin and management. Origin verification was divided into origin verification and origin risk management. Fourth, study on the conclusion area of the FTA, studies were conducted on areas such as Korea-US FTA, Korea-China FTA, Korea-EU FTA, Korea-Japan FTA, Korea-Chile FTA, and Korea-ASEAN FTA. Search results through the FTA, focused on analyzing the FTA area and concept research by research purpose. In addition, research methods are mainly focused on documentary survey, and research areas are concentrated on specific countries such as China and USA. This implies a necessity for a future development in that research area. Other areas for future research may include case research on actual failures in FTA, proactive risk management strategy, and integrated risk management for export companies. Risk management in FTA may help investment expansion, and that is why research on the issue matters.

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Feasibility Study on the Road Bridge Passed by Military Heavy Vehicle (군용 중차량의 도로교 통과 타당성에 관한 연구)

  • Park, Byung-Hee;Song, Jae-Ho;Jang, Il-Young
    • Journal of the Korean Society of Hazard Mitigation
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    • v.6 no.2 s.21
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    • pp.37-44
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    • 2006
  • Any vehicle and equipment whose total weight is more than 40ton and its axle weight is 10ton or above is banned to cross any bridge in our country under section 54 in the Highway law. This restriction results from the accumulation and application of safety factors about which there is type specification in the "standard design vehicle". And in "standard design vehicle", Vehicle load to bridge is assumed concentrating one. Based on this restriction, there is an issue that military tank which has a total weight of 51ton (63ton in case of the US tank) can not cross any bridge. However, many research and practical examples concerned manifest that it is possible for military tanks to cross these bridges. The reasons of this issue in the current Highway law's provisions are analyzed in this paper. Correspondingly, feasibility of military tanks passing these bridges are discussed here. At last, considering economical efficiency and practicability for military, several suggestions and improving measures are put forward. This research has certain reality significance to guide bridge design considering the passage of military heavy vehicles.

The Status of Unilateral Arbitration Agreements Through the U.S. Case Laws (미국법원의 판례를 통한 선택적 중재합의의 지위)

  • Ha, Choong-Lyong;Park, Won-Hyung
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.77-95
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    • 2007
  • This article focuses on the history and evolution of the US court's attitude towards unilateral arbitration and dispute resolution clauses, but also considers the practical approach of national courts to theses clauses. It goes on to consider some potential pitfalls in the operation of unilateral clauses, which should be borne in mind when developing a strategy for bringing or defending a claim which falls within the scope of a unilateral clause. There can be few objections to the general validity of unilateral arbitration clauses. The principle of party autonomy is the driving force behind international arbitration and, provided it is tolerably clear that the parties intended the arbitration clause to operate unilaterally, courts should be reluctant to interfere with the parties' agreement. There are also no persuasive public policy reasons why such clauses should not be upheld in commercial agreements. In addition to the issue of whether such unilateral clauses are permissible under certain law, it is important to be aware of how they should properly operate in practice, that is, useful guidance on the subject of the proper operation and effect of such clauses where they are intended to be used to enable a party to decide whether, and in what circumstances, a claim should be referred to court or to arbitration.

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A Case Study on Hwabyung (홧병환자 1례(例)의 임상 보고)

  • Lee Seung-Gi;Kim Jong-Woo;Whang Wei-Wan
    • Journal of Oriental Neuropsychiatry
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    • v.7 no.1
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    • pp.173-180
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    • 1996
  • Generally, Hwabyung is more commen in older women, in low educational group. Many psychiatrists explain it as the illness originated from a series of psychological stresses. And they think that Hwabyung patients have somatization disorder, anxiety disorder, and, major depression. But, many of oriental medical doctors explain it as symptoms having the character of fire. In order to investigate the clinical aspects of Hwabyung, this study was carried out in department of oriental neuropsychiatry at Kyung Hee Medical Center. The subject was 34 year old female who was an inpatient in K.M.C from Aug. 14 Aug 26, 1996.The results of the study showed that familial problem and long-termed(about 10 years) stressed situation drove her to Hwabyung. This seems to be related to Korean traditional culture. That is, Korean women were exposured to familial problem(related to mother-in-law, and, her husband), and, poverty, etc. But they had to be patient of this situation. Nowadays, though this situation is rather improved, Hwabyung remains a problem with us, because many people still suffer from Hwabyung.

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