• Journal of the Korean Society of Safety
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• v.37 no.3
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• pp.52-59
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• 2022

Conventionally, all the unsafe acts by human beings in relation to industrial accidents have been regarded as unintentional human errors. Exceptionally, however, in the cases with fatalities, seriously injured workers, and/or losses that evoked social issues, attention was paid to violating related laws and regulations for finding out some people to be prosecuted and given judicial punishments. As Heinrich stated, injury or loss in an accident is quite a random variable, so it can be unfair to utilize it as a criterion for prosecution or punishment. The present study was conducted to comprehend how categorizing intentional violations in unsafe acts might disrupt conventional conclusions about the industrial accident process. It was also intended to seek out the right direction for countermeasures by examining unsafe acts comprehensively rather than limiting the analysis to human errors only. In an analysis of 150 industrial accident cases that caused fatalities and featured relatively clear accident scenarios, the results showed that only 36.0% (54 cases) of the workers recognized the situation they confronted as risky, out of which 29.6% (16 cases) thought of the risk as trivial. In addition, even when the risks were recognized, most workers attempted to solve the hazardous situations in ways that violated rules or regulations. If analyzed with a focus on human errors, accidents can be attributed to personal deviations. However, if considered with an emphasis on safety rules or regulations, the focus will naturally move to the question of whether the workers intentionally violated them or not. As a consequence, failure of managerial efforts may be highlighted. Therefore, it was concluded that management should consider unsafe acts comprehensively, with violations included in principle, during accident investigations and the development of countermeasures to prevent future accidents.

• Journal of Institute of Control, Robotics and Systems
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• v.6 no.3
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• pp.256-262
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• 2000

This paper proposes a new sliding mode controller combined with a multi-layer neural network using the error back propagation learning algorithm,, The network acts as a compensator of the conventional sliding mode controller to improve the control performance when initial assumptions of uncertainty bounds of system parameters are violated. The proposed controller can reduce th steady state error of conventional sliding mode controller with the boundary layer technique Computer simulation results show that the proposed method is effective to control dynamic systems with unexpectably large uncertainties.

• Journal of Navigation and Port Research
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• v.43 no.3
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• pp.153-159
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• 2019

Marine accidents and legal violations result from mistakes and negligences of ship officers, deck officers and engine officers, during the ship navigation and lay days. Due to these accidents and violations, these officers are subjected to disciplinary actions for certification. The disciplinary action, namely certificate punishment is carried out by right rules, processes and equity. However, it is revealed that present situations are different from the principles. For the purpose of finding current states relating to certificate punishment, this study examines and analyses 737 punishment cases, accomplished in 'B' regional office of oceans & fisheries for 5 years from 2014 to 2018. The contents to be analyzed are reprimand agencies, certificate kinds, officers ranks at that time, disciplinary level, violated acts, annual reprimand state, punishment rule and it process, and disciplinary reduction levels. From such valuations various problems, such as disciplinary level deviations among laws, insufficient punishments rules, disciplinary certificate deviation, insufficient reprimand reduction rules, and lack function of crew administrative disciplinary council, are identified. Finally, methods to alleviate the problems identified will be proposed. This study, for the first time analyses the actual administrative disciplinary cases for ship officers'certificates and proposes improvement plans for its incorporation in Korea, This analysis will be useful in the examination of the study for the ship officers and making a plan for them.

• Journal of Korean Society of Forest Science
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• v.85 no.2
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• pp.251-259
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• 1996

This study was conducted to find out whether information based on norm activation theory affects personal norm and rule-violating behavior in a recreation setting, using the data collected from the Second Campground in Chiri-Mountain National Park in 1994. Of the total 280 questionnaires distributed, 253(90.4%) were usable for data analysis. Results showed that information did not increase awareness of consequences(AC) of their actions or ascription of responsibility(AR) for acts and consequences to themselves, and did not directly decrease the quiet time rule-violating behavior. However, it was found that respondents with high ACR(combination of AC and AR) or personal norms less violated the rule. Management implications of these findings were discussed.

• The Journal of Fisheries Business Administration
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• v.30 no.2
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• pp.1-23
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• 1999

In the Northeast Asian region fisheries agreements of the past regarding high seas as an agreement area were transformed or new agreements were introduced in order to conform to the EEZ regime. However, the existing joint regulatory zone which “open” status is somewhat similar to the high sea not only disappear, but also two new systems were established. To begin with, parties of the agreement claimed their EEZs to be from the territorial sea baselines to the extent set forth, problem of the fishery access of the other party under the agreement is to be solved on the principle of reciprocity and on recognizing of the catch results achieved in the past. In regards to the overlapping zones like neutral zone of the East Sea of Korea(Sea of Japan) and neutral zone to the south of the Cheju Island, provisional measures zones in the Yellow Sea and in the East China Sea, and transitional zone of the Yellow Sea special fisheries management systems reflecting the legal character of the zone involved are applied. Moreover, as fisheries agreements defining open sea as an agreement zone are not able to conform to the EEZ regime, so new fisheries agreements must be taken out from old systems and conceptions, and must be understood and enforced from the new point view. Therefore, countermeasures needed to do so should be developed, and their basic structure is as follows. Firstly, the basic concept of the EEZ regime requires that the coastal states have sovereign rights on their sea zones' natural resources and bear responsibilities appropriate to their allowed jurisdiction. Each Northeast Asian state should adjust the structure of fishing industries and employ advanced fisheries management system, and should make efforts toward such issues of the state policy as increasing fishery resources and preserving ocean environment. Secondly, measures should be developed to solve the international fisheries disputes which are to occur under enforcement of the new fisheries agreements system. In regards to the acts of violation the fisheries laws in the foreign EEZ the principle of jail sentence prohibition is established by the UN Convention on the Law of the Sea, and every fisheries agreement reflects this principle. Therefore, the present question is to consider concrete measures to enable the easy release of the seamen, who violated fisheries laws slightly and well-intently, through establishment and management of the guarantee fund needed to make collateral reasonable. Thirdly, Korean-Russian and Russian-Japanese fisheries relations were formed on the basis of the EEZ regime, since 1992 and 1977 respectively, and are expected to maintain mutually beneficial cooperative character. As for Korean-Chinese-Japanese fisheries relations, the operational problems of overlapping zones, and problem of the permits for EEZ mutual access should be solved on the basis of the principle of reciprocity and equity rather than unilaterally from any side.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.15 no.1
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• pp.38-53
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• 2007

In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.