• Journal of the Korean GEO-environmental Society
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• v.12 no.9
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• pp.13-20
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• 2011

There are many mountains in Korean Peninsula, and those used for the construction of roads and railways sectors are forming slopes. Slope collapse occurs with falling rocks and landslide because of the relaxation of the thawing rocks. The heavy rain in summer can also significantly contribute to the process, and abnormal climate change is much more influential than before. Therefore, rockfall-related accidents in rainy season are easily accessible in media every year. There has been a lot of research on application of strengthening compensation of the sections in order to minimize casualties and property damage. Rockfall Protection Net, however, has not been focused on much in the field yet. This study highlights the need of Rockfall Protection Net, since it can segregate the falling rocks inside the net relatively safely. Although there has been a little doubt about the effectiveness of rockfall protection facilities, it is obvious that relevant studies dealing with the solidity of the net are necessary for the rockfall protection net to be capable of supporting rockfall energies. As a result, Expanded metal strength is much more durable compared to the PVC coating net, and it is regarded as an excellent alternative material for the Rockfall Protection Net. In this study, the applicability of Expanded Metal as the alternative of Rockfall Protection Net is verified experimentally.

• The Journal of the Korea Contents Association
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• v.20 no.1
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• pp.460-469
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• 2020

Recently, the Supreme Court pointed out that it would be difficult to maintain the existing opinion any more because the overall conditions that were the basis of the past empirical rule were remarkably changed when estimating the lost earnings of a deceased minor. Thus, the court sentenced en banc decision to extend the maximum working age of manual laborers under the empirical rule to 65 years old. The significance of this ruling is to put an end to social confusion caused by courts' different sentences on the maximum working age under the empirical rule depending on lower court decision, and also to acknowledge the maximum working age of physical laborers by applying the new empirical rule in accordance with entering the aged society. It is still unfortunate to conclude the maximum working age as a specific age and also to estimate the lost earnings of a victim by applying the daily wages of urban laborers. Like this, this study aimed to provide the basic data for guaranteeing a proper compensation for damage to victims by analyzing the issues of rulings related to the maximum working age of manual laborers under the empirical rule, and then complementing imperfections in Korean society that has entered the aged society.

• Journal of Korean Society of Forest Science
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• v.104 no.3
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• pp.495-502
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• 2015

This study intended to provide basic data required in establishing policies for improving the forestry management and the compensation standard for the loss from non-timber forest products by examining the cost of cultivating key medicinal herbs and the earnings from them to analyze the income. According to the income analysis on the cultivation of medicinal herbs, the average annual income per unit area of Adenophora triphylla var. japonica Hara was the highest as it recorded 14,233,000 won/10a and was followed by Pleuropterus multiflorus TURCZ. which recorded 4,121,000 won/10a, Gastrodia elata Blume 3,766,000 won/10a, Epimedium koreanum Nakai 3,537,000 won/10a, Atractylodes ovata (Thunb.) DC. 2,655,000 won/10a, Aralia continentalis Kitagawat 1,048,000 won/10a, Paeonia lactiflora Pallas 1,025,000 won/10a, and Bupleurum falcatum L. 919,000 won/10a. Compared with the income from major nuts and fruits analyzed in 2014, the average annual income per unit area for medicinal herbs was relatively higher. For Adenophora triphylla var. japonica Hara and Aralia continentalis Kitagawat, soots are used for food and the roots for medicine, it appears that it can become a new income source for the farming and mountain villages. Meanwhile, the price for Paeonia lactiflora Pallas is dropping due to Chinese imports, and also damage to the income from other medicinal herbs due to Chinese imports is expected with the implementation of Korea-China FTA in the future.

• The Korean Journal of Financial Management
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• v.23 no.1
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• pp.227-242
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• 2006

This paper analyzes insurance crimes using a game theoretic model. In blackmailing cases involving automobile accidents, insurance criminals deliberately induce innocent drivers(victims) to commit a moving violation such as crossing over the center dividing yellow line, and collide with the victims. After the collision, the criminals and the victims effectively engage in a bargaining game over the amount of the settlement for the damage. Because the penalty for that kind of moving violation is very severe (even criminally prosecuted), the victims do not have much bargaining power. Exploiting the weak bargaining power of the victims, the criminals demand and receive huge compensation (including settlement) from the victims. In the model, it is shown that under the current law agents have perverse incentives leading to insurance crimes. The criminals have incentive to induce car collisions and extract huge settlement from the victims. Based on the analysis, it is suggested that lowering the severity of penalty for certain kind of violation may be needed to prevent insurance crimes, in addition to increasing the crime investigation activities and strengthening punishment for insurance criminals.

• International Commerce and Information Review
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• v.15 no.2
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• pp.285-313
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• 2013

By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.205-236
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• 2010

This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.64 no.4
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• pp.344-352
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• 2019

Drought stress caused by global climate change is a serious problem for rice cultivation. Increasingly frequent abnormal weather occurrences could include severe drought, which could cause water stress to rice during the seedling stage. This experiment was conducted to clarify the effects of drought during the seedling period on yield and quality of rice. Drought conditions were created in a rain shelter house facility. The drought treatment was conducted at 3, 10, and 20 days after transplanting. Soil water content was measured by a soil moisture sensor during the whole growth stage. In this study, we have chosen 3 rice cultivars which are widely cultivated in Korea: 'Haedamssal' (Early maturing), 'Samkwang' (Medium maturing), and 'Saenuri' (Mid-late maturing). The decrease in yield due to drought treatment was most severe 3 days after transplanting because of the decrease in the number of effective tillers. The decrease in grain quality due to drought treatment was also most severe 3 days after transplanting because of the increased protein content and hardness of the grains. The cultivar 'Haedamssal' was the most severely damaged by water stress, resulting in about a 30% yield loss. Drought conditions diminished the early vigorous growth period and days to heading in early-maturing cultivars. The results show that drought stress affects yield components immediately after transplanting, which is a decisive factor in reducing yield and grain quality. This study can be used as basic data to calculate damage compensation for drought damage on actual rice farms.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.151-208
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• 2020

Japan's two outer space-related laws were promulgated on November 16, 2016. There are the Act on Launching of Spacecraft, etc. and Control of Spacecraft (Act No. 76 of 2016, Space Activities Act) and the Act on Securing Proper Handling of Satellite Remote Sensing Records (Act No.77 of 2016, Remote Sensing Records Act). Japan's Space Activities Act states that a person who launches a satellite from the territory of Japan, or from a ship or airplane registered in Japan, must obtain permission from the Prime Minister prior to the launch. To obtain the permission, the person must have a certificate for a rocket design and for radio equipment at a launching facility. In addition, the ability to launch a rocket safely and the purpose for the satellite launch must be evaluated. Managing a satellite from Japan also requires permission from the government. A person who launches a rocket must have insurance for any potential damage arising from accidents, and the government is to supplement the potential compensation to allow for damage that cannot be covered by private insurance. The purpose of this paper reviews regulations of launch services and management of satellites in the Japan's Space Activities Act. It also offers some implications and suggestions for regulations of launching of spacecraft and management or operation of satellites.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.27 no.4
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• pp.398-410
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• 1982

Summer crops grown in uplands are greatly diversified and show a large variation in difference with year and location in Korea. The principal factor for the variation is weather, in which precipitation and temperature play a leading role and such a weather factors as wind, sun lights also influence production of the summer crops. Since artificial control of weather conditions as a main stress factor for crop production is almost impossible, it must be minimized only by an improvement of cultivation techniques and crop improvement. Precipitation plays a role as one of the most important factor for production of the summer crops and it is considered in two aspects, drought and excess moisture. This country, which belongs to monsoon territory, necessarily encounter one of this stress almost every year, even though the level is different. Therefore, the facilities for both drought and excess moisture are required, but actually it is not easy to complete for them. On this account, crops tolerant to drought, excess moisture and pests should be considered for establishing summer crops. For the districts damaged habitually every season, adequate crops should be cultured and appropriate method of planting, drainage and weed control should be applied diversely. Injuries by temperature is mainly attributed to lower temperature particularly in late fall and early spring, although higher temperature often causes some damages depending upon the kind of crops. Sometimes, lower temperature in summer season playa critical role for yield reduction in the summer crops. However, certain crops are prevented to some extent from this kind of stress by improving varieties tolerant to cold, hot weather or early maturing varieties. As is often the case, control of planting time or harvesting is able to be a good management for escaping the stress. Lodging, plant diseases and pests are considered as a direct or indirect damage due to weather stress, but these are characters able to be overcome by means of crop improvement and also controlled by other suitable methods. In addition, polytical supports capable of improving constitution of agriculture into modern industry is urgently required by programming of data for the damages, establishment of damage forecasting and compensation system.

• 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.