• The Korean Journal of Air & Space Law and Policy
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• v.9
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• pp.445-488
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• 1997

In the forthcoming 21st century new technical and scientific developments in outer space demands new approaches towards the problems arising in several fields of the use and exploitation of outer space including practical applications. The main purposes of this study are to analyze the legal problems of geostationary orbital position, telecommunication, direct television broadcasting by uses of artificial satellites. Communication via artificial Earth satellites was one of the first applications of space technology and is now one of the most developed field. From the technical and economic standpoints the advantages of world-wide satellites communication system are too all obvious. However, as the practical uses of space technology become more freguent, the legal conflicts among nations have become more divisive. One of the problem grown in uses of artificial satellites is that of the increasing shortage of suitable orbital slot positions for satellites, especially in geostationary orbit. Legal status of geostationary orbit as a limited resourece have to be reviewed in consideration of the side effect of the "First use, first-served" principle. The geostationary orbit is to be used for the benifits of all mankind and to be guaranteed for each state institutionaly in order to have eguitable access to the use of the orbit. Rapid increase of satellites broadcasting system in not only developed countries but also in developing countries opened up new possibilities with one another's scientific and cultural achievements. But there is also a potential danger that this powerful new instrument of influencing public opinion will be abused. Such a danger incudes spill-over or harmful interference. This controversial issue brings about the question whether prior consent from the receiver nation is needed to broadcast across international boundaries. Some states have rejected prior consent because it interfere with the free flow of information. Many other countries have opposed that opinion as an invasion and violation of sovereignty and as a violation of the 1967 Treaty and the UN Charter. Since declaration of the First Year of Outer Space in 1985, our country have promoted the plan of launching communication and broadcasting satellites. With the Koreasat launched in 1995 as the start, a real satellite-telecommunication era was opened in korea. According to this new development of our country, there will also rise various legal problems related to satellite broadcasting and telecommunication such as the inflow of foreign programs, the permeation of culture and the infringement of program copyright. Consequently the effective reactions to these problems in satellite-communication era should be tried including international cooperation. It is therefore to take into careful consideration the legal issues which may arise in outer space activities and to formulate positive policy on international cooperation with surrounding or advanced countries and international organization concerned. For this purpose the United Nations also prepares the UNISPACE III in 1999, to enable the international community to meet a more promising 21st century.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.3-32
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• 2020

With controlling Drones, although it was discussed in the previous study which showed a possibility. Which is personality and property rights of third parties could be violated while operating the drone with a video camera. But It's hard to find out precedents related to drones in Korea. In case of that someone try to control the drone which is equipped with a camera in a yard of neighborhood, the German District Court (Potsdam) considered an operator of drone has little bit of careless to do his duty and admit nonfeasance claim in the owner of the one's property for prevention to repetition of similar situation according to a nonfeasance claim for prevention to Section 1004 (1) sentence 2 of the German Civil Code(BGB). The drone which is equipped with a camera have possibilities to disrupt property and personal rights of the owner. Because a danger in repetition is getting larger regarding the violation of law. Moreover, there is a case that someone shot down the drone which is equipped with a camer. Because it has a risk to interrupt private life and cause some dangerous in our life. The German district court(Riesa) recently have considered that controlling the drone with a camera in private spaces is illegal as a violation of personal life. In addtion to, the action of property owner shot down drone is a legal according to § 228 of the German Civil Code(BGB) which is caleed "Necessity". Although it is difficult to apply to foreign cases directly to Korea, similar cases are likely to be occurred in Korea. The decision of the German District Court showed implications to Korea. As demand for the camera-equipped drone increases in Korea, it is time to discuss specific measures for drone violations.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.33 no.4
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• pp.1591-1601
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• 2013

In this study, It is conducted for novice drivers about driving behavior and psychological characteristics analysis to reduce traffic accident risk and provide the basic data of education program development. Therefore, this study classified by the category-specific characteristics and hazard prediction through survey of the novice driver and unpredictable behavior and psychological characteristics were studied. The novice and general characteristics and driving behavior with vehicle simulators, comparison and analysis of the novice driver traffic safety education basic research direction based on the statistical results. Prediction the results of this study, the Hazard of the driver, speeding, traffic violation, information providing omission, abrupt change, the number of accidents in all areas novice driver is high compared to the general driver. In addition, Novice driver showed a statistically significant level of Hazard compared to the general driver target novice drivers and the general ability to predict Hazard of violation, abrupt change, and a number of traffic accidents were omitted level of speeding and other information providing level drivers all showed similar results. Vehicle simulator. The experimental results showed that novice drivers compared to drivers poorly overall driving performance. It showed a notable difference in the number of collisions, especially novice drivers compared to drivers in complex road traffic conditions due to a lack of driving experience and learning ability are considered.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.5
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• pp.423-430
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• 2012

The purpose of Speed limit at sea is to keep harbor calmness, to maintain efficient traffic flow and to prevent maritime accidents. The Korean Regional Maritime Affairs and Port Office(KRMAPO) specified and enforced the ship's speed limits at the 19 harbors around the Korean coasts. However, problems have been raised to the adequacy of speed limits. This paper made a research on the speed limit set standards, analyzed vessel traffic survey and the dilemma on the specified speed limits imposed by KRMAPO. The result of this study has shown an overall average of 48 % violation rate on speed limit with passenger ships and large vessels of more than 5,000 tons having higher violation rate. Average speed was higher than the limit speed in some harbors and deviation of 4.2 to 5.2 knots was investigated. Further, harbors having higher average speed also have higher deviation accident incidence. Therefore, this paper had confirmed that there is a need for institutional review and improvement of Korea's port and fairways speed traffic management.

• Journal of the Korea Society of Computer and Information
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• v.22 no.3
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• pp.147-153
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• 2017

The main subject of year 2016 Davos forum was "The 4th Industrial Revolution." Recently, interests and investment in drone market, so called industrial revolution in the sky is growing in many countries around the world. Before, drone was used for military purpose such as reconnaissance or attacking but today, it is used in various private sectors such as unmanned delivery service, agriculture, leisure activities, etc. Presently, many major countries in the world are already involved in the 'war without gunfire' to be dominant in this drone industry. Korean government also has announced an extreme relaxation of regulations for growing drone industry by opening a conference with Ministers related to economics. During the conference, business scope of drone which was limited to agriculture, photographing, and observation was expanded to all the fields except for cases hindering national safety and security. In terms of shooting purpose drone its process of receiving approval for flight and shooting is simplified to online registration. What is more, drone delivery service will be allowed in island areas such as Goheung, Yeongwol, etc from first term of year 2017. Finding the way to apply drone in criminal investigation is also speeding up. Recently, Public Safety Policy Research Center in Korean National Police University has inquired for research service and its result will be out around November. Likewise, although more and stronger foundation for supporting drone industry is made but there are still, some opinions saying that we should take a careful approach in consideration to the side effect such as abuse in crime. One may also try terror by placing a dangerous substance. If drone falls, it may hurt any civilians. Moreover, if shopping purpose drone is hacked, it may result in violation of privacy. Compared to America, Europe, and China, we are at the very beginning stage of drone industry and it is necessary to reorganize legal issues to grow this industry. This can be thought from two perspectives; first, the growth of drone industry is blocked by difficult regulations on Aviation Law and Radio Regulation Law. The second issue is the safety and privacy that are required for operating drone. For the advanced technologies to make human life more profitable, more active and proactive actions are required by criminal law side. In preparation to the second mechanical era where man and machines should go together, I hope that responsible preparation is required in all fields including the criminal law.

• The KIPS Transactions:PartC
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• v.9C no.4
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• pp.489-496
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• 2002

This study proposes a new polling algorithm allowing dynamic change in polling period based on line utilization prediction. Polling is the most important function in network monitoring, but excessive polling data causes rather serious congestion conditions of network when network is In congestion. Therefore, existing multiple polling algorithms decided network congestion or load of agent with previously performed polling Round Trip Time or line utilization, chanced polling period, and controlled polling traffic. But, this algorithm is to change the polling period based on the previous polling and does not reflect network conditions in the current time to be polled. A algorithm proposed in this study is to predict whether polling traffic exceeds threshold of line utilization on polling path based on the past data and to change the polling period with the prediction. In this study, utilization of each line configuring network was predicted with AR model and violation of threshold was presented in probability. In addition, suitability was evaluated by applying the proposed dynamic polling algorithm based on line utilization prediction to the actual network, reasonable level of threshold for line utilization and the violation probability of threshold were decided by experiment. Performance of this algorithm was maximized with these processes.

• The Korean Journal of Pesticide Science
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• v.16 no.2
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• pp.85-97
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• 2012

The monitoring of pesticide residues was performed on 33 fruit commodities collected in Gyeonggi-do, Korea from 2006 to 2010. Pesticide residues were detected in 431 samples (16.8%) of total 2,558 samples and violated in 12 samples (0.5%). Annual detection rate showed 6.9%~19.4% with the rate of violation of 0.3%~0.9%. Twenty three samples (69.7%) of 33 commodities were detected and 4 samples (12.1%) were violated. Eight pesticides (EPN, dicofol, carbaryl, procymidone, methidathion, prothiofos, fenitrothion and phenthoate) were violated and 62 pesticides were detected. Chloropyrifos was detected most frequently. The rate of detection and violation of citrus fruits in fruits showed the highest level. Organophosphorus pesticides (35%) and insecticide (57%) were detected most frequently. The hazard index (%ADI) of chronic dietary risk assessment by deterministic approach showed that the lower limit value and upper limit value for the whole population were 0.0000~0.7526 and 0.0000~1.3237 respectively. For the only consumer group, the lower limit value and upper limit value were 0.0006~9.7801 and 0.0058~15.9258 respectively. Therefore the hazard index for the whole population and the only consumer group were evaluated as a safe level.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.123-164
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• 2014

Under the new system of 'Separation of pharmaceutical prescription and dispensing' in Korea, which was implemented in 2000, physician could not dispense a medicine, and outpatient should have a physician's prescription filled at a drugstore. After pharmacist makes up outpatient's prescription, National Health Insurance Service(NHIS) pay for outpatient's medicine to pharmacist, except an outpatient's own medicine charge. And NHIS only pay for outpatient's prescription fee to physician and, physician doesn't derive profit from dispensing medicine in itself. Nevertheless, if physician writes out a prescription with violation of 'Criteria for the Medical Care Benefits', NHIS clawed back the payment of outpatient's prescription and medicine from the physician or the medical institution which the physician belongs to. In the past, NHIS's confiscation was in accordance with 'the National Health Care Insurance Act, Article 52, Clause 1'. But, since 2006 when the Supreme Court declared that there was no legal basis on the NHIS's confiscation of outpatient's medicine payment, NHIS had put in a claim for illegal prescriptions on the basis 'the Korean Civil law, Article 750(tort)'. So, Many medical institutions filed civil actions against NHIS. The key point of this actions was whether the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits constitute of the law of tort. On this point, the first trial and the second trial took different position. Finally the Supreme Court acknowledged the constitution of the law of tort in 2013. In this paper, the author will review critically the decision of the Supreme Court, and consider the relativeness between the legal effect of Criteria for the Medical Care Benefits and the constitution of the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits as the law of tort.

• Journal of Korean Society of Transportation
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• v.34 no.2
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• pp.123-134
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• 2016

Traffic accident at intersections takes 44.3% of total number of accidents on entire road network of Korea in 2014. Although several studies addressed contributory factors of accidents at signalized intersection, very few is known about the factors at rural unsignalized intersections. The objective of this study is therefore to investigate specific characteristics of crashes at rural unsignalized intersection and to identify contributory factors in causing crashes by statistical approach using the Ordered Logistic Regression Model. The results show that main type of car crashes at unsignalized intersection during the daytime is T-bone crashes and the number of crashes at 4-legged intersections are 1.53 times more than that at 3-legged intersections. Most collisions are caused by negligence of drivers and violation of Right of Way. Based upon the analysis, accident severity is modeled as classified by two types such as 3-legged intersection and 4-legged intersection. It shows that contributory factors in causing crashes at rural unsignalized intersections are poor sight distance problem, average daily traffic, time of day(night, or day), angle of intersection, ratio of heavy vehicles, number of traffic violations at intersection, and number of lanes on minor street.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.177-225
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• 2011

Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.