• Title/Summary/Keyword: control law

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A Chronological and Legal Study on Mitigation of Height Restriction in Flight Safety Zone around Airports - Mostly Regarding Civilian Airports - (공항 비행안전구역 고도완화의 연혁적 고찰과 해결방안에 관한 정책적·법적 고찰 - 민간 공항 중심으로 -)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.225-246
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    • 2020
  • More than technical or academic matter, mitigation of height restriction around airports is about up-dating out-dated policies that have not kept up with rapidly developing aircraft and air traffic control technologies. Above all, instead of calling out 'flight safety' that the public do not comprehend, it is important to examine and carry out measures that can protect people's right of property. MOLIT(Ministry of Land, Infrastructure, and Transport) after reviewing ICAO's Obstacle Limitation Surface TF, made an announcement to provide further plans that would apply to contracting states from 2026. However, residents of redevelopment areas near Kimpo international airport asserted that MOLIT's policy overlooks the reality of the redevelopment zone. ICAO, UN's specialized agency for civilian aviation, recommends in Annex 14, 4.2.4 that contracting states conduct an aeronautical study to determine the flight safety of horizontal surface(45m), excluding approach surface, and to mitigate height restrictions if no threat is found. Numerous countries including the United States have been following this recommendation and have been able to effectively protect people's right of property, whereas the South Korean government have not following it so far. The number of height restriction mitigation cases in the recent three months (2019. 7. 15~10. 14.) FAA of the United States have allowed after conducting an aeronautical study reaches 14,706. Japan and Taiwan also reconstruct airspace around airports in metropolitan areas in order to protect people's right of property. Just as the United States is following, MLIT should follow ICAO's recommendation in Annex 14. 4.2.4(Vol. 1. Airport Construction / Operation) and protect people's right of property by first applying aeronautical studies to the horizontal surface(45m) of flight safety zones until the specifics of ICAO's 2026 TF materialize.

E-Commerce in the Historical Approach to Usage and Practice of International Trade ("무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)")

  • Tsubaki, Koji
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.224-242
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    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

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Sampling Plan for Bemisia tabaci Adults by Using Yellow-color Sticky Traps in Tomato Greenhouses (시설토마토에서 황색트랩을 이용한 담배가루이 표본조사법)

  • Song, Jeong Heub;Lee, Kwang Ju;Yang, Young Taek;Lee, Shin Chan
    • Korean journal of applied entomology
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    • v.53 no.4
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    • pp.375-380
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    • 2014
  • The sweetpotato whitefly (SPW), Bemisia tabaci Gennadius, is a major pest in tomato greenhouses on Jeju Island because they transmit viral diseases. To develop practical sampling methods for adult SPWs, yellow-color sticky traps were used in commercial tomato greenhouses throughout the western part of Jeju Island in 2011 and 2012. On the basis of the size and growing conditions in the tomato greenhouses, 20 to 30 traps were installed in each greenhouse for developing a sampling plan. Adult SPWs were more attracted to horizontal traps placed 60 cm above the ground than to vertical trap placed 10 cm above the plant canopy. The spatial patterns of the adult SPWs were evaluated using Taylor's power law (TPL) and Iwao's patchiness regression (IPR). The results showed that adult SPWs were aggregated in each surveyed greenhouse. In this study, TPL showed better performance because of the coefficient of determination ($r^2$). On the basis of the fixed-precision level sampling plan using TPL parameters, more traps were required for higher precision in lower SPW densities per trap. A sequential sampling stop line was constructed using TPL parameters. If the treatment threshold was greater than 10 maximum adult SPWs on a trap, the required traps numbered 15 at a fixed-precision level of 0.25. In estimating the mean density per trap, the proportion of traps with two or more adult SPWs was more efficient than whole counting: ${\ln}(m)=1.19+0.90{\ln}(-{\ln}(1-p_T))$. The results of this study could be used to prevent the dissemination of SPW as a viral disease vector by using accurate control decision in SPW management programs.

Usefulness of Data Mining in Criminal Investigation (데이터 마이닝의 범죄수사 적용 가능성)

  • Kim, Joon-Woo;Sohn, Joong-Kweon;Lee, Sang-Han
    • Journal of forensic and investigative science
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    • v.1 no.2
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    • pp.5-19
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    • 2006
  • Data mining is an information extraction activity to discover hidden facts contained in databases. Using a combination of machine learning, statistical analysis, modeling techniques and database technology, data mining finds patterns and subtle relationships in data and infers rules that allow the prediction of future results. Typical applications include market segmentation, customer profiling, fraud detection, evaluation of retail promotions, and credit risk analysis. Law enforcement agencies deal with mass data to investigate the crime and its amount is increasing due to the development of processing the data by using computer. Now new challenge to discover knowledge in that data is confronted to us. It can be applied in criminal investigation to find offenders by analysis of complex and relational data structures and free texts using their criminal records or statement texts. This study was aimed to evaluate possibile application of data mining and its limitation in practical criminal investigation. Clustering of the criminal cases will be possible in habitual crimes such as fraud and burglary when using data mining to identify the crime pattern. Neural network modelling, one of tools in data mining, can be applied to differentiating suspect's photograph or handwriting with that of convict or criminal profiling. A case study of in practical insurance fraud showed that data mining was useful in organized crimes such as gang, terrorism and money laundering. But the products of data mining in criminal investigation should be cautious for evaluating because data mining just offer a clue instead of conclusion. The legal regulation is needed to control the abuse of law enforcement agencies and to protect personal privacy or human rights.

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Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

Policy Suggestions for Korea Aviation Industry's Fair Competition (항공운송산업의 공정경쟁에 대한 이해와 정책적 제언)

  • Park, Jin-Seo;Kim, Je-Chul;Han, Ik-Hyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.129-153
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    • 2017
  • Fair Competition policy in aviation field has been discussed since open skies policy began in 1970s. This issue has been also the main topic in the ICAO's Worldwide Air Transport Conference, the Air Transport Symposium, etc. ICAO defines competition as the existent or potential rivalry between two or more operators, carriers or groups, striving for advantages in the same market based on different prices, qualities and services. In a broader sense, the definition includes more various meanings; reasonable, fair, effective, and unrestricted competitions. Nowadays, competition laws and regulations to air transportation have been applied more frequently and the issues varies from antitrust immunity, mergers and alliances, abuse of dominant positions, capacity dumping and predatory pricing, sales and marketing, to airport charges and fees, state aid and loan guarantees. Now, the competition among the airlines or nations in aviation industry is changing to cooperation level. A lot of airlines try to survive by various cooperation methods. Therefore the policy of Korean aviation industry should be developed, taking so-called "the viewpoint of national aviation industry ecosystem" into consideration and Korean government should prepare a policy of fair competition to cope with it. First, in the process of open skies policy with neighboring countries such as China, Japan and the Middle East, it is necessary to apply the fair competition act and prepare laws and regulations to implement it. Second, the standards of effective ownership and control of air transportation business should be reviewed. Third, in preparation for aviation agreements and liberalization, the Korean aviation industry needs to study and review competition and cooperation issues through the analysis of strict aviation market structure for airlines and airport operations. Fourth, it is necessary to create a fair air transportation environment for the development of air transportation and competitiveness through preemptive policies such as the approval of mergers, acquisitions, JV and the ripple effects analysis.

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A Study on the Appropriate Management of Maritime Police Authority in Korea Coast Guard: Focusing on the Japan Coast Guard (해양경비안전본부의 해양경찰권 적정 운영방안에 관한 연구: -일본 해상보안청과의 비교를 중심으로-)

  • Son, Yeong-Tae
    • Korean Security Journal
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    • no.42
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    • pp.361-391
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    • 2015
  • Regarding the [Government Organization Act; which is legislated on 19th November, 2014] Korea Coast Guard(KCG) has been re-organized and belong from Korea Coast Guard shall be established under the Minister of Oceans and Fisheries to Ministry of Public Safety and Security. Furthermore, National Police Agency(NPA) Commissioner has the right for administer duties concerning investigation and information by succession from Korea Coast Guard Commissioner. That means that main rule has been moved from prior KCG to Ministry of Public Safety and Security(MPSS) and NPA currently which is dual structure. Meanwhile, This kind of organization change has been effective to investigative agency which exert KCG's call of duty and causes needs of variety problems. In other words, There are quite huge changes such as KCG's reduction of their work, call of duty and re-organization regarding revised government organization act. However this change - including re-organization by government, was not able to take current MPSS's special features such as organization specialty and legal rights. It means, the current change has not been taken present law system CRIMINAL PROCEDURE LAW and there was no preparation to stable maritime police authority action as well. To sum up, this revised GOVERNMENT ORGANIZATION ACT is supposed to provide total, quick security service by establishing strong disasters and safety control tower. However they only contains few area such as organization revision regarding 'Sewol Ferry Disaster', they was not able to contain the other parts of Society. Therefore, in this article I would like to check the part of re-evaluation of current change made by KCC's organization revision. It is supposed to provide better legal stability by making clear of work area by government agencies who acts maritime police authority.

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CALPUFF Modeling of Odor/suspended Particulate in the Vicinity of Poultry Farms (축사 주변의 악취 및 부유분진의 CALPUFF 모델링: 계사 중심으로)

  • Lim, Kwang-Hee
    • Korean Chemical Engineering Research
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    • v.57 no.1
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    • pp.90-104
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    • 2019
  • In this study, CALPUFF modeling was performed, using a real surface and upper air meterological data to predict trustworthy modeling-results. Pollutant-releases from windscreen chambers of enclosed poultry farms, P1 and P2, and from a open poultry farm, P3, and their diffusing behavior were modeled by CALPUFF modeling with volume sources as well as by finally-adjusted CALPUFF modeling where a linear velocity of upward-exit gas averaged with the weight of each directional-emitting area was applied as a model-linear velocity ($u^M_y$) at a stack, with point sources. In addition, based upon the scenario of poultry farm-releasing odor and particulate matter (PM) removal efficiencies of 0, 20, 50 and 80% or their corresponding emission rates of 100, 80, 50 and 20%, respectively, CALPUFF modeling was performed and concentrations of odor and PM were predicted at the region as a discrete receptor where civil complaints had been frequently filed. The predicted concentrations of ammonia, hydrogen sulfide, $PM_{2.5}$ and $PM_{10}$ were compared with those required to meet according to the offensive odor control law or the atmospheric environmental law. Subsequently their required removal efficiencies at poultry farms of P1, P2 and P3 were estimated. As a result, a priori assumption that pollutant concentrations at their discrete receptors are reduced by the same fraction as pollutant concentrations at P1, P2 and P3 as volume source or point source, were controlled and reduced, was proven applicable in this study. In case of volume source-adopted CALPUFF modeling, its required removal efficiencies of P1 compared with those of point source-adopted CALPUFF modeling, were predicted similar each other. However, In case of volume source-adopted CALPUFF modeling, its required removal efficiencies of both ammonia and $PM_{10}$ at not only P2 but also P3 were predicted higher than those of point source-adopted CALPUFF modeling. Nonetheless, the volume source-adopted CALPUFF modeling was preferred as a safe approach to resolve civil complaints. Accordingly, the required degrees of pollution prevention against ammonia, hydrogen sulfide, $PM_{2.5}$ and $PM_{10}$ at P1 and P2, were estimated in a proper manner.

Management of Naturalized Citizens from Yeozin and Its Limitation Through the Event of Guilsang(吉尙) in the Early 17th Century - Centering on 『Naturalization Registration』 (길상사건(吉尙事件)을 통해 본 17세기 초 향화호인(向化胡人) 관리 실태와 한계 - 『향화인등록(向化人謄錄)』을 중심으로 -)

  • Yi, Sun Hui
    • (The)Study of the Eastern Classic
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    • no.37
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    • pp.93-126
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    • 2009
  • This study is about a event, which happened on January of 1603 in Hamheung. It has covered from the beginning through the conclusion of the event. The event was ignited by a naturalized citizen, Guilsang's coming to the capital city without permission from the government. With this study I've wished to find the situations of specific management of naturalized citizens as well as popular attitudes towards them at the time. Concerning with the event of Guilsang, I could find more detailed situations from "Naturalization Registration". The reason why Guilsang came to Seoul was that he wanted to ask for living together with his son-in-law's family in Yang-Ju. Before his coming, Bie-Byun-Sa had sent a official letter to the governor of Hamkyung-Do so that he had had to move somewhere between Anbyun and Yung-heung. But Guilsang had wanted to live with his whole family in Seoul. The place he visited first was Sa-Yuk-Won. He presented his petition through Yeozin language translator there. Sa-Yuk-Won then informed Ye-Jo to have him investigated. After its investigation, Ye-Jo reported to the king. There were arguments about Guilsang family in the government. Guilsang had wanted to live with his whole family, including his relatives and son-in-law. Guilsang's request had more pros than cons in terms of humanism. But letting him live in Seoul was a difficult decision for the government. but his family strenuously insisted on living in Seoul, trying to kill itself. Finally Government selected Yong-In which was a compromise between the naturalized citizens' wish and difficult position of Government. Yong-In Miejo-Hyun was a poor region where naturalized citizens had lived before but now empty after the wars. In the process of the event of Guilsang, Government differentiated naturalized citizens from general citizens and regarded them foreign. A man from Yeozin was naturalized due to economic reason. But, he couldn't accept to live somewhere except Seoul, separating from his family. Government concerned with dangers of naturalized citizen becoming into foreign agents and stabilization of borders. These concerns caused the policy of residential control and decentralization of naturalized citizens failed.

The thought and spirit of Sunbi of Kwon Sang-Ha(1641-1721) (수암(遂庵) 권상하(權尙夏)의 춘추정신(春秋精神)과 도학사상(道學思想))

  • Kim, MoonJoon
    • The Journal of Korean Philosophical History
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    • no.23
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    • pp.155-180
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    • 2008
  • Suam(遂庵) Kwon Sang-Ha(權尙夏) was a very important character in the late Chosoen Dynasty. He was a representative of the academic circles(school of Uam) and political circles(Nolon; 老論) after Uam(尤庵) Song Si-Yeol(宋時烈, 1607-1689). He represented learning and thought and undertaking of his academic circles and political circles, and handed down to his pupils. He thought his mission was "lighting the laws of heaven and aligning the human mind," "stopping the heretical study and repulsing uncivilization", to reform good virtues of humanity and justice. Kwon Sang-Ha was a successor of Song Si-Yeol, He succeeded learning and thought of his teacher and practiced "Upright"(直) and the Thought of ChunChu(春秋). He emphasized "Upright" as a fundamental principle, like his teacher. He thought ChuHsi(朱熹, 1130-1200) was the master who had inherited the spirit of Confucianism and Chosoen was the only country to successfully inherit this spirit of Confucianism. He declared any study counter to the study of ChuHsi as a rebellious pursuit. Therefore he rejected all other studies. He tried to "stop the heretical 'ism' and repulse uncivilization" and present this ideology as 'the Right way of Human Society(世道)'. He made efforts to reorganize books of ChuHsi to make perfect Book of righteousness with Song Si-Yeol. And he established Hwayang shrine, MandongMyo(萬東廟), Deabodan(大報壇) etc, in memory of fidelity and large rightness. Kwon Sang-Ha did these undertaking to establish 'Public morals and the Right way of Human Society(世道)' with self-confidence. In Dispute on the nature of man and animal(人物性同異論), he gives his approval to Han Won-Jin's opinion. Han Won-Jin's opinion was "the nature of man and animal is Different"(人物性異論). Whenever serious political accidents occurred, he took the lead to protect his teacher, Song Si-Yeol. The reason he did this was not because of his personal feelings for his teacher, but because of promoting 'Public morals(世道)' and 'Confucianism.' Kwon Sang-Ha regarded Mind control Law of "Upright" and the thought of ChunChu as his moralities, and was concerned about real politics and opposed social irregularities. Kwon Sang-Ha succeeded Song Si-Yeol's thought of "Upright" and volition of making an inroad on the Chung(淸), and gave to his political circles(Nolon; 老論) as a law of mind and mission.