• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.37-81
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• 2015

AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.

• Journal of Soil and Groundwater Environment
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• v.17 no.3
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• pp.1-9
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• 2012

According to the agreement on WTO/TBT, we are under the situation to adopt international standard (ISO standard) as a national standard if it exists. However, in case of environmental area, it is a domestic legal obligation to use Korean environmental standard method(KESM) for analyzing various contaminants. Therefore it is necessary to assess the comparability between KEM and ISO standard prior to apply ISO standard to soil conservation law in Korea. The main purpose of this study is to assess the comparability of both methods for analyzing heavy metals in soil. We looked over various aspects like pre-treatment, calibration curve range, detection wavelength, soil organic matter content and so on. Apparently, the procedure of both methods is almost same. However in details, both methods are different in stationary time before aqua-regia extraction using reflux system, calibration curve range for Cu, Pb, Ni and measuring wavelength for Pb. According to the results of comparison test, the results were significantly different when the different calibration range was used. In case that all the extracts independent of methods were reanalyzed with the same calibration range of each method, both methods showed statistically same results. Other conditions like different stationary time, measuring wavelength of AAS and soil organic matter content did not have any influence on the analytical result. Therefore, we suggest to extend the calibration curve range to 0~8 mg/L which is used in KS I ISO standard(Korean standard related with environment which is translation version of ISO standard without any technical change). In case of $Cr^{6+}$, the results showed no significant differences between two methods even though the pretreatment, instrumentation and other analysis conditions were different. In addition to UV/Visble spectrometry of KESM for soil contamination, we suggest to adopt ion chromatography of ISO 15192(US EPA method 7199) for analyzing $Cr^{6+}$ with the consideration of laboratory work efficiency.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• Journal of Korean Academy of Nursing
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• v.4 no.1
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• pp.107-120
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• 1974

Necessity and purpose of this study: In a large number of countries it has been founded that children′s domestic accidents are at great risk year by year In the United States, they publish detailed accident statistics at regular intervals. In Korea. there have been just a few studies on Accidents-At-Home of preschool children. But it can not be said that there have been any systematic statistics about this area. and any study accounting for the relations of home accidents and preschool: children in detail, Therefore, the purpose of this thesis was focused on the inquire of these relations so as to make a little contribution to Korean preschool children′s health and security measures. So, the detail-purposes are to study following questions and to testify following hypothesis. Prob. 1. What the types of accidents of Preschool children, where the place accidents occurred\ulcorner Prob. 2. What the cause of accidents and, the main factors of the cause\ulcorner Prob. 3. How about the number of their children. the disparity of age among their children and mother′s age in each case of accidents\ulcorner hypothesis 1. There will be differences in the density of protection of parents according to the number of their children. hypothesis 2, There will be differences in accident-types and first-aid methods according to parents socio-economic background. Method; This study employed the interviewing survey method, in which 130 preschool children ware random.sampled, who visit hospital to have medical care. These children (from 1 to 6 years olds) were selected at the emergency room of five hospitals in Seoul (Hosp: Severance, Woosok, Medical Center, Hanyang Medical College Hospital and Seoul Medical Col1age Hospital during study-period (from Aug. to Oct, 1973). Four head nurses in above Hospitals were employed as accident members for this study. Concerning research analysis, the method of hypothesis verifying is used. Conclusion: As two American experts on this subject. Dr, Raymond Neuter and Mr. Ross Mc Garland have drawn attention to "minor epidemics of accidents" that could be avoided by fairly simple measures. preschool children′s accidents could be avoided by parents fair attentions. In other words, one of the most common causes of preschool children′s accidents derived from their parent′s inattention. Therefore, one important task on this subject is to instruct the parents fairly about the children′s accidents. Many accidents could be avoided by the exorcist of a little self-discipline. Also, as much the prevention of accidents is important, as the first-aid Is Important and necessary at the case of the accidents. So, the methods of proper first-aid treatment must be emphasized, and must be taught in school, especially in girls school. And there could be other means available for prevention of accidents. Firstly, the public authorities can take legal measures. More stringent safety standards can be made enforceable by law. Building materials and equipment for domestic us: ought to meat minimum safety criteria at all times. Next the public itself has to understand the seriousness of the problem, and here the dissemination of information is of great importance. All mass media should be brought into play to promote greater public awareness of the question. At last, it will be needed to obtain more detailed epidemiological data through additional surveys and statistics after this study.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.33-62
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• 2020

The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

• Journal of the Korean Association of Geographic Information Studies
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• v.14 no.4
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• pp.1-12
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• 2011

There has been the increasing concern with the safety of seven major urban infrastructure such as road, electricity, water supply, sewerage and so on due to urban expansion and new town development. However, high technology development for the common duct which can be an alternative for the safety issue has not been completed due to the law of the national security area. Existing management method of the common duct by people could not respond to the urgent accidents adequately and immediately since it is impossible for us to get access to that in case of fire or gas leak. This study suggests to the method of installing monitoring devices and processing CCTV images with a water supply in a TestLab(a variety of the USN(Ubiquitous Sensor Network) equipment was tested in the TestLab in KICT). The suggested management method of common duct facilities make it possible to do real-time monitoring and prompt access and response to an accident inside the common duct.

• Journal of the Korea Society of Computer and Information
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• v.23 no.7
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• pp.105-111
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• 2018

Last March, the world Go competition between AlphaGo, AI Go program developed by Google Deep Mind and professional Go player Lee Sedol has shown us that the 4th industrial revolution using AI has come close. Especially, there ar many system combined with AI hae been developing including program for researching legal information, system for expecting jurisdiction, and processing big data, there is saying that even AI legal person is ready for its appearance. As legal field is mostly based on text-based document, such characteristic makes it easier to adopt artificial intelligence technology. When a legal person receives a case, the first thing to do is searching for legal information and judical precedent, which is the one of the strength of AI. It is very difficult for a human being to utilize a flow of legal knowledge and figures by analyzing them but for AI, this is nothing but a simple job. The ability of AI searching for regulation, precedent, and literature related to legal issue is way over our expectation. AI is evaluated to be able to review 1 billion pages of legal document per second and many people agree that lot of legal job will be replaced by AI. Along with development of AI service, legal service is becoming more advanced and if it devotes to ethical solving of legal issues, which is the final goal, not only the legal field but also it will help to gain nation's trust. If nations start to trust the legal service, it would never be completely replaced by AI. What is more, if it keeps offering advanced, ethical, and quick legal service, value of law devoting to the society will increase and finally, will make contribution to the nation. In this time where we have to compete with AI, we should try hard to increase value of traditional legal service provided by human. In the future, priority of good legal person will be his/her ability to use AI. The only field left to human will be understanding and recovering emotion of human caused by legal problem, which cannot be done by AI's controlling function. Then, what would be the attitude of legal people in this period? It would be to learn the new technology and applying in the field rather than going against it, this will be the way to survive in this new AI period.

• Strategy21
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• s.38
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• pp.287-320
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• 2015

On October 27, 2015, USS Lassen(DDG82), a 9,200 ton class Aegis destroyer of the United States Navy, began its operations within 12 nautical miles of Subi Reef, one of the seven artificial islands that China has built and claimed sovereignty over. The maneuver was joined by anti-submarine patrol airplanes such as P-8A and P-3. The White House press secretary mentioned that the President of the United States approved the operation. In response, China announced that it warned the US Navy ship about the 'illegal violation' by sending two destroyers(PLAN Lanzhou and Taizhou). This event represents a close call case where tension between the United States and China in the South China Sea might have been elevated to a conflict between the two navies. Moreover, considering that this happened only one month after Chinese president Xi's state visit to the United States, the event shows that the positions of the two countries have become starkly different to the extent that they are so hard to be reconciled. The United States' position is different from those of Vietnam and the Philippines. Countries like Vietnam and the Philippines have been directly involved in disputes with regard to sovereignty claims across the waters in the South China sea. As for the United States, being a third party in the disputes, it still cannot be a by-stander watching the whole waters in the region fall under the influence of China. Accordingly, the United States maintains that all countries bear the rights of innocent passage and military operations in the Exclusive Economic Zones(EEZ) as stipulated by the United Nations Convention on the Law of the Sea(UNCLOS). In contrast, China claims that, historically, the South China sea has been part of China's territorial waters, and that foreign countries are not allowed to conduct military operations within the waters. It strongly accuses that such military operations are illegal. Against this background, this paper tracks the different positions of the United States and China on the issues regarding the South China sea. It also carefully looks at the possibility that, in the process of dealing with the issues, the two countries may get into an armed conflict as the phrase 'Thucydides Trap' predicts.

• The Journal of Small Business Innovation
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• v.20 no.2
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• pp.51-66
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• 2017

Online and wireless communications have dramatically changed the contents industry marketplace. Content transactions are now instantaneous as distribution channels move from the 'mart' to smart platforms, creating opportunities for content creators large and small. Yet with opportunity comes the threat of imbalance in the industry ecosystem. In order to ensure the health and diversity of an industry that relies so heavily on the welfare of small creative enterprises, it is essential to establish rules for the fair transaction of content rights. Several structural forces may work against such rules: first, the industry consists of a large number of small distributor intermediary businesses (e.g. major publishers); second, end distributors (e. g. platforms) maintain a superior, monopsony position; and third, economic valuation of content is difficult. In terms of acquisition business model, rights transactions can be classified into three general models: (1) license model, (2) original acquisition model, and (3) monopsony model. This study explores the publishing industry in detail, considering key statutes and their operation across the models. From analysis of Korea and the US statutes and case law, and decisions of the Fair Trade Commission (FTC) of Korea, we offer evaluation criteria for discerning between fair and unfair content rights transactions. We further recommend industry practice that may enhance the likelihood for fair content rights transactions, and thus a thriving publishing ecosystem.

• The Korean Journal of Archival Studies
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• no.25
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• pp.197-231
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• 2010

The concept of Government 2.0 is spreading rapidly in many countries and is fundamentally changing existing freedom of information system which has passively responded to information demands. This study aims at discussing possible strategies for a new freedom of information system that is based on the Government 2.0 notion which presents revolutional approaches to public sector information's creation, management, and usage. For the purpose of the study, precedence studies and researches about both freedom of information system and Government 2.0 are analyzed. Furthermore, mutual relationships between them are discussed. Through this discussion, social and economic benefits from freedom of information systems which are based on Government 2.0 are explored. As a case study, Data.gov services in the US, the UK, and Australia which are recognised as a feasible plan to set up Government 2.0 are analyzed. Their three common characteristics- revaluating public sector information's reuse, establishing exclusive agencies, and providing raw data-are discussed. Then, various mashup services which use Data.gov services' raw data are also studied. Issues related to the freedom of information system in South Korea are examined. As a result, a policy framework for establishing Government 2.0 based freedom of Information system is discussed in terms of three aspects, law, technology and organization.