• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.19-45
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• 2009

The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

• Korean Journal of Heritage: History & Science
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• v.48 no.4
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• pp.24-43
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• 2015

Since 2011, when Oegyujanggak Uigwe(Records of the State Rites of the Joseon Dynasty) were returned from France, which were looted in 1866 by the French Navy, national attention to our cultural properties abroad was explosively increased and public pressure has been mounting that those cultural properties should be returned in Korea. According to the statistics of "Overseas Korean Cultural Heritage Foundation" Korean cultural Properties, which exist in foreign countries, amounts 160,342 in total 20 countries. Among them about half of them are estimated to be illegally exported cultural property, these are to be restituted. However, in reality it is not so easy to restitute illegally exported cultural properties. For this, it needs to be established a long-term and systematic plan for return of cultural properties from other countries. This paper starts from such a critical mind and tries to find legal policy measures for the return of illegally exported cultural properties. To this end, the author first describes motive and aim of this research in chapter I. and overviews basic understanding and current situation of export of cultural property as well as means and methods of return of cultural property in chapter II. and then deals with international and national norms that are involved in the dispute concerned return of cultural properties in chapter III. Based on this research, in chapter IV., which can be considered as a key part of this paper, the author proposed nine legal policy measures for restitution of cultural properties from foreign countries. That is, actual condition survey of cultural properties in foreign countries, unified management and implement of export ID on cultural properties, fund-raising for the diversification of means of return of cultural properties. local utilization of cultural properties, joining in the multilateral conventions and expansion of the bilateral agreements, restitution and cooperation through international organizations, restitution through lawsuit and arbitration, training experts on restitution of cultural property and networking with foreign experts. Finally, the author summarized his opinion in chapter V. which comprehended researching the above.

• Journal of the Korea Convergence Society
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• v.9 no.2
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• pp.359-369
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• 2018

This study tried to illustrate the process of the experiences of university student athletes in campus who are engaged in study and sports. it is aimed to interpret and describe the everyday life of athlete students, and establishing a desirable human talent and to set the right necessary direction for the education of athlete students. For this, it selected 10 research participants as student athletes in J University located in Chungcheongnam-do and collected data through an in-depth interview. As for the data analysis, concepts were derived according to the grounded theory analysis method suggested by [10] and the research results composing the coding paradigm to clarify the relations between concepts are as following. First, 120 concepts, 17 subcategories, and 10 upper categories were deducted in the open coding. Second, the contextual factors of the campus life motive were "participation in sports" and "participation in study" and the central phenomena were regarded as "the significance of campus life in which study and sports run parallel. The conditions of arbitration were summarized as 'formation of my relations" and "ability improvement" in sports and study, and the operation/interaction strategy were categorized as "importance of study" and "negative thinking." As for the last result, "reflecting campus life", "my own identity", and "planning future" were categorized, and it is judged that the application of the policy to improve the ability of student athletes that comprehend all study and sports.

• Journal of Digital Convergence
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• v.18 no.12
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• pp.435-444
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• 2020

This study is a descriptive research to grasp the effects of nurse practice environment on organizational commitment and to confirm the mediating effect of resilience. The subjects of this study were 150 nurses who agreed to participate in this study among clinical nurses working in university hospital and General hospital located in City J and City J and the data were collected through survey. The collected data were analyzed by SPSS 25.0 program. Mean scores were organizational commitment 3.38, nurse practice environment 2.62, and resilience index 3.45. There were significant differences on the organizational commitment index for : age, marriage, clinical experience, job satisfaction and a positive correlation between nurse practice environment and organizational commitment, between nurse practice environment and resilience index and between organizational commitment and resilience index. As a result of research, resilience partially mediated the relationship between nurse practice environment and organizational commitment. The findings suggest that in order to improve the organizational commitment of nurse, converged organizational commitment arbitration program strategies are needed to improve the nurse practice environment and resilience of nurses.

• Journal of the Korean Applied Science and Technology
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• v.39 no.5
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• pp.652-665
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• 2022

This study attempted to illustrate in-depth light on the process of experiencing the campus life of university life of students specialized in golf who are forming new exercise culture in a transitional state students based on the grounded approach. For this, it selected 10 athletic students as research participants majoring in golf in A University in Chungcheong-do and collected data through in-depth interviews. As for the data analysis, the coding paradigm was composed to derive concepts and clarify the relations between concepts according to the grounded theoretical analysis suggested by Strauss and Corbin (1990), and the research results are as follows: First, 117 concepts, 16 subcategories, and 10 upper categories were deducted in the open coding. Second, the causal conditions were categorized into "University Life of Contactless Classes," contextual elements into "Practical Exercise," and "Participation in Classes," and the central phenomenon was regarded as the "Meaning of University Life as a University Athletic Student (golf)." As a result of reviewing the process of exercise and study at the same time, the conditions of arbitration were summarized as "Relation Formation" and "Ability Improvement," and the action/interaction strategies were categorized as "Academic Research" and "Negative Thinking," and at last, the results were composed of "Looking Back at the Past University Life," "Identity," and "Future Design." Based on these research results, the model of doing exercise and study at the same time of the university athletic students (golf) was categorized by the grounded theoretical paradigm procedure, and the university athletic students (golf) continued their university life without rest as their exercise life was influenced positively by academic life, and in addition, policy implications for enhancing the competency of student athletes who can encompass both exercise and study were presented.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.159-203
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• 2010

Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.9-53
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• 2004

This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.139-171
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• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.