• Journal of Legislation Research
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• no.54
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• pp.111-154
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• 2018

The protection of fundamental rights of people is a natural duty of a state. Since Constitutional Law declare that a state is obliged to protect the fundamental rights of people obviously, it is reasonable to postulate that a state has a duty to protect every person's right much more positively. Of course, it is true that whereas right of freedom is much more important in modern states, the social right becomes more important currently. Nevertheless, we have no choice but to put an emphasis on the importance of the right of freedom like modern states. Thus states are still bound to try to protect the right of people, specific duty of behavior for the sake of right of freedom belongs to states. In particular, due to the fact that lifts are essential to our comfortable life and the demage from the accident concerning with the lifts is fatal, the strategy for securing the safety of using the lifts is significant to some extent. And because it is true that the experience of UK that put an emphasis on the role of civil actors is meaningful to us, there seems implications for us. Accordingly, it is possible to consider the material components such as the check of safety before installation for the sake of safety enhancement, quality control for lifts parts, specification of check criterion and variation of check cycle etc. and personal ones such as specification of qualification of competent persons, guarantee of competent person's independence, variation of obligator's duty and variation of user's obligation etc. However, as the situation of UK is one thing and that of Korea is another, we don't have to adhere to the policy and the experience of UK strictly. Rather, we had better apply the policy and experience of UK to ours appropriately.

• Journal of Korean Tunnelling and Underground Space Association
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• v.23 no.6
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• pp.559-575
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• 2021

Due to the increase in ground excavation work, the possibility of ground subsidence accidents is increasing. And it is very difficult to prevent these risk fundamentally through institutional reinforcement such as the special law for underground safety management. As for the various cases of urban ground excavation practice, the ground subsidence behavior characteristics which is predicted using various information before excavation showed a considerable difference that could not be ignored compared to the results real construction data. Changes in site conditions such as seasonal differences in design and construction period, changes in construction methods depending on the site conditions and long-term construction suspension due to various reasons could be considered as the main causes. As the countermeasures, the safety management system through various construction information is introduced, but there is still no suitable system which can predict the effect of excavation and risk assessment. In this study, a web-based system was developed in order to predict the degree of impact on the ground subsidence and surrounding structures in advance before ground excavation and evaluate the risk in the design and construction of urban ground excavation projects. A system was built using time series analysis technique that can predict the current and future behavior characteristics such as ground water level and settlement based on past field construction records with field monitoring data. It was presented as a geotechnical data visualization (GDV) technology for risk reduction and disaster management based on web-based system, Using this newly developed web-based assessment system, it is possible to predict ground excavation impact prediction and risk assessment.

• Korea Trade Review
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• v.42 no.2
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• pp.205-225
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• 2017

The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.36 no.5
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• pp.867-879
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• 2016

Since the 1970s, the region of its own pedestrian center and environmental pollution caused by exhaust gases have been reduced gradually in a continuous increase of the vehicle, school route the central business district, around the school, the sidewalk where the vehicle do not pass, facilities of minimum for the safety of pedestrians and systematic management of an area where an unspecified number and alleys impassable is insufficient. Recently, in response to the "Law for convenience enhancing safety and walking" is enforced in Korea, research on Pedestrian only Street has been actively about the government, the standard for calculating the weights of evaluation associated with it. it is a actuality, however, there are insufficient, evaluation for business promotion is being conducted evaluation polite manner by using, for example, scale residence time and purpose of the passengers as there is no car that has been carried out on a voluntary basis through the municipality have. In this study, by suggesting a method for the selection of the street without a car, make a survey by placing a purpose in the selection method presentation of the street with no car to be construction future, was researching. F.G.I (Focus Group Interview) survey, professors, staff in urban, traffic field of experts in order to present the weights for the evaluation of the Pedestrian only Street by using the evaluation index by type of Pedestrian only Street, was interviewed about the evaluation index for the conducted for professionals engaged in the engineering company, and randomly selected 200 peoples, weighted evaluation of the street with Pedestrian only Street was proposed. By classifying the items purpose and goals of the evaluation type by this by applying the weight, and present the weight of the detailed indicators each corresponding to each item, and scored on the basis of the result, in this paper it can be so that one methodology for the selection standard for the construction as Pedestrian only Street, and the weight of the evaluation of the type that has been derived, the selection and evaluation methods and then added to these criteria to settle careful study of the reference should be performed further.

• Journal of Korea Water Resources Association
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• v.53 no.2
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• pp.107-119
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• 2020

This study analyzed past drought characteristics based on the observed rainfall data and performed a long-term outlook for future extreme droughts using Representative Concentration Pathways 8.5 (RCP 8.5) climate change scenarios. Standardized Precipitation Index (SPI) used duration of 1, 3, 6, 9 and 12 months, a meteorological drought index, was applied for quantitative drought analysis. A single long-term time series was constructed by combining daily rainfall observation data and RCP scenario. The constructed data was used as SPI input factors for each different duration. For the analysis of meteorological drought observed relatively long-term since 1954 in Korea, 12 rainfall stations were selected and applied 10 general circulation models (GCM) at the same point. In order to analyze drought characteristics according to climate change, trend analysis and clustering were performed. For non-stationary frequency analysis using sampling technique, we adopted the technique DEMC that combines Bayesian-based differential evolution ("DE") and Markov chain Monte Carlo ("MCMC"). A non-stationary drought frequency analysis was used to derive Severity-Duration-Frequency (SDF) curves for the 12 locations. A quantitative outlook for future droughts was carried out by deriving SDF curves with long-term hydrologic data assuming non-stationarity, and by quantitatively identifying potential drought risks. As a result of performing cluster analysis to identify the spatial characteristics, it was analyzed that there is a high risk of drought in the future in Jeonju, Gwangju, Yeosun, Mokpo, and Chupyeongryeong except Jeju corresponding to Zone 1-2, 2, and 3-2. They could be efficiently utilized in future drought management policies.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.38 no.2
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• pp.327-335
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• 2018

In order to calculate the quality management cost of construction work, the process must conform to relevant laws and regulations. In details, the cost of the various items such as quality test fee and quality control activity cost are required to be calculated. Regarding the quality management costs, the labor cost is applied to the quality examination fee and the calculation unit quantity in the construction quality management duties. The application of the unit price of the labor cost stipulates that Construction Association of Korea and Korea Engineering & Consulting Association apply the unit price which is surveyed and published. However, in the related laws and regulations, the standard of the quality manager and quality tester is not clear. This accounts for the confusion in the cost of construction management and the cost of labor. In the current law, the allocation standard of quality control personnel is specified according to the size of the construction, but the standard of placement of quality testers is not specified. At the construction site, there is no assignment criteria manpower for quality testers except quality managers, or very little work is being done. The quality control personnel conducts the quality test work to be carried out by the quality tester, and this carrying out heavy work. Therefore, it is difficult to maintain quality control activities. In this study, the labor cost of quality management expenses and the allocation criteria of quality managers and quality testers are established and presented for the purpose of securing the quality of the construction work and preventing the construction work. It is stipulated that the standards of the relevant laws and regulations, which are not clear, should be classified into quality control personnel and quality testers according to the size of the construction. Based on the unit price of Korea Engineering & Consulting Association, the personnel expenses of quality managers and quality testers are proposed to apply the unit price of engineer (professional engineer, specialist, advanced, intermediate, beginner) and skilled technicians (advanced, intermediate, beginner).

• Journal of Korea Water Resources Association
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• v.54 no.12
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• pp.1339-1348
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• 2021

In accordance with the River Law, the basic river maintenance plan is established every 5-10 years with a considerable national budget for domestic rivers, and various river surveys such as the river section required for HEC-RAS simulation for flood level calculation are being conducted. However, river survey data are provided only in the form of a pdf report to the River Management Geographic Information System (RIMGIS), and the original data are distributedly owned by designers who performed the river maintenance plan in CAD format. It is a situation that the usability for other purposes is considerably lowered. In addition, when using surveyed CAD-type cross-sectional data for HEC-RAS, tools such as 'Dream' are used, but the reality is that time and cost are almost as close as manual work. In this study, RAUT (River Information Auto Upload Tool), a tool that can solve these problems, was developed. First, the RAUT tool attempted to automate the complicated steps of manually inputting CAD survey data and simulating the input data of the HEC-RAS one-dimensional model used in establishing the basic river plan in practice. Second, it is possible to directly read CAD survey data, which is river spatial information, and automatically upload it to the river spatial information DB based on the standard data model (ArcRiver), enabling the management of river survey data in the river maintenance plan at the national level. In other words, if RIMGIS uses a tool such as RAUT, it will be able to systematically manage national river survey data such as river section. The developed RAUT reads the river spatial information CAD data of the river maintenance master plan targeting the Jeju-do agar basin, builds it into a mySQL-based spatial DB, and automatically generates topographic data for HEC-RAS one-dimensional simulation from the built DB. A pilot process was implemented.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.44 no.4
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• pp.519-529
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• 2024

Vehicle toll discounts on private roads are categorized into two types: non-sunset and sunset. Sunset types refer to provisions in which all or part of a law loses its effect upon a specific legislator-set deadline. Vehicles eligible for 'sunset' discounts include cargo vehicles operating late at night and eco-friendly vehicles powered by electricity or hydrogen. Korean government has subsidized all reduced toll fees for vehicles classified as non-sunset types on private roads to operators, but no subsidies have been provided for toll reductions on sunset vehicles. The rapid increase in electric hydrogen vehicles escalates the burden of reduced toll revenue on private road operators. This study analyzed traffic volume and toll reduction data from eight private road operators nationwide as of the end of 2023 to propose the necessity and method of supporting sunset-type toll reduction subsidies. In 2022, the subsidy for non-sunset types amounted to 87.5 billion won, or 18.6 % of total traffic revenue. The toll exemption and reduction ratio under the concession agreement ranged from 4.0 % to 5.65 % of total traffic volume for each operator. Although the proportion of vehicles exempted from sunset traffic increased from 0.85 % in 2017 to 2.79 % in 2022, the reduction amount ratio reached 4.2 % (KRW 25.5 billion) of total traffic revenue in 2022. The escalating number of registered eco-friendly vehicles is gradually causing operating profit losses on private roads. In alignment with the government's policy to expand eco-friendly vehicles, it is imperative to consider including vehicles eligible for toll reductions listed under the sunset category for subsidy payments. The study established a minimum ratio for toll reduction assistance at 4.0 %, agreed upon between the road authorities and private operators. Three policy alternatives were proposed to ensure preservation of amounts exceeding this threshold for sustaining adequate toll revenue for private road operators.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.135-183
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• 2003

Aerospace force is a determining factor in a modem war. The combat field is expanding to space. Thus, the legitimacy of establishing aerospace force is no longer an debating issue, but "how should we establish aerospace force" has become an issue to the military. The standard limiting on the military use of space should be non-aggressive use as asserted by the U.S., rather than non-military use as asserted by the former Soviet Union. The former Soviet Union's argument is not even strongly supported by the current Russia government, and realistically is hard to be applied. Thus, the multi-purpose satellite used for military surveillance or a commercial satellite employed for military communication are allowed under the U.S. principle of peaceful use of space. In this regard, Air Force may be free to develop a military surveillance satellite and a communication satellite with civilian research institute. Although MTCR, entered into with the U.S., restricts the development of space-launching vehicle for the export purpose, the development of space-launching vehicle by the Korea Air Force or Korea Aerospace Research Institute is beyond the scope of application of MTCR, and Air Force may just operate a satellite in the orbit for the military purpose. The primary task for multi-purpose satellite is a remote sensing; SAR sensor with high resolution is mainly employed for military use. Therefore, a system that enables Air Force, the Korea Aerospace Research Institute, and Agency for Defense Development to conduct joint-research and development should be instituted. U.S. Air Force has dismantled its own space-launching vehicle step by step, and, instead, has increased using private space launching vehicle. In addition, Military communication has been operated separately from civil communication services or broadcasting services due to the special circumstances unique to the military setting. However, joint-operation of communication facility by the military and civil users is preferred because this reduces financial burden resulting from separate operation of military satellite. During the Gulf War, U.S. armed forces employed commercial satellites for its military communication. Korea's participation in space technology research is a little bit behind in time, considering its economic scale. In terms of budget, Korea is to spend 5 trillion won for 15 years for the space activities. However, Japan has 2 trillion won annul budget for the same activities. Because the development of space industry during initial fostering period does not apply to profit-making business, government supports are inevitable. All space development programs of other foreign countries are entirely supported by each government, and, only recently, private industry started participating in limited area such as a communication satellite and broadcasting satellite, Particularly, Korea's space industry is in an infant stage, which largely demands government supports. Government support should be in the form of investment or financial contribution, rather than in the form of loan or borrowing. Compared to other advanced countries in space industry, Korea needs more budget and professional research staff. Naturally, for the efficient and systemic space development and for the prevention of overlapping and distraction of power, it is necessary to enact space-related statutes, which would provide dear vision for the Korea space development. Furthermore, the fact that a variety of departments are running their own space development program requires a centralized and single space-industry development system. Prior to discussing how to coordinate or integrate space programs between Agency for Defense Development and the Korea Aerospace Research Institute, it is a prerequisite to establish, namely, "Space Operations Center"in the Air Force, which would determine policy and strategy in operating space forces. For the establishment of "Space Operations Center," policy determinations by the Ministry of National Defense and the Joint Chief of Staff are required. Especially, space surveillance system through using a military surveillance satellite and communication satellite, which would lay foundation for independent defense, shall be established with reference to Japan's space force plan. In order to resolve issues related to MTCR, Air Force would use space-launching vehicle of the Korea Aerospace Research Institute. Moreover, defense budge should be appropriated for using multi-purpose satellite and communication satellite. The Ministry of National Defense needs to appropriate 2.5 trillion won budget for space operations, which amounts to Japan's surveillance satellite operating budges.