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The Characteristic of the Carrier's Liability Due to the Illegal Act of the Crew during International Air Transportation (국제항공운송 과정에서의 기장 등의 직무상 불법행위에 기한 운송인의 손해배상책임이 가지는 특수성)

  • Kim, Min-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.3-37
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    • 2020
  • The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

Clinical Manifestation and Treatment Outcome of Lupus Nephritis in Children (소아 루프스 신염의 임상양상 및 치료결과)

  • Park Jee-Min;Shin Jae-Il;Kim Pyung-Kil;Lee Jae-Seung
    • Childhood Kidney Diseases
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    • v.6 no.2
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    • pp.155-168
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    • 2002
  • Purpose; Systemic lupus erythematosus(SLE) is an autoimmune disease with multi-system involvement and renal damage is a major cause of morbidity and mortality in children. Renal involvement is more common and severe in children than in adults. Therefore, renal biopsy plays a crucial role in planning effective therapy. In this study, we investigated the clinical and pathological findings of lupus nephritis in children to aid clinical care of the disease. Methods: The clinical and pathological data of 40 patients who were diagnosed as SLE with renal involvement in Shinchon Severance Hospital from Jan. 1990 to Sep. 2002 were analyzed retrospectively. Results: The ratio of male to female patients was 1:3 and the median age at diagnosis was 12.1(2-18) years old. FANA(95.0%), anti-ds DNA antibody(87.5%), malar rash(80.0%) were the most common findings among the classification criteria by ARA. Microscopic hematuria with proteinuria(75.0%), nephrotic syndrome(55.0%), and microscopic hematuria alone(15.0%) were the most common renal presentations in the respective order at diagnosis. There were 27 cases with WHO class IV lupus nephritis confirmed by renal biopsy and 3 cases with pathological changes of WHO class type. Different treatment modalities were carried out : prednisolone only in 5 cases, prednisol-one+azat-hioprine in 9 cases, prednisolone+azathioprine+intravenous cyclophosphamide in 14 cases, prednisolone+cyclosporine A+intravenous cyclophosphamide in 12 cases, plasma exchange in 9 cases and intravenous gamma-globulin in 2 cases. The average follow-up period was $51.8{\pm}40.5$ months. During $51.8{\pm}40.5$ months. During follow-up, 4 patients expired. The risk factors associated with mortality were male, WHO class IV and acute renal failure at diagnosis. Conclusion: Renal involvement was noted in 63.5% of childhood SLE, and 67.5% of renal lesion was WHO class IV lupus nephritis which is known to be associated with a poor prognosis. Therefore aggressive treatment employing immunosuppressant during the early stages of disease could be helpful in improving long-term prognosis. But careful attention should be given to optimize the treatment due to unique problems associated with growth, psychosocial development and gonadal toxicity, especially in children.

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Landslide Vulnerability Mapping considering GCI(Geospatial Correlative Integration) and Rainfall Probability In Inje (GCI(Geospatial Correlative Integration) 및 확률강우량을 고려한 인제지역 산사태 취약성도 작성)

  • Lee, Moung-Jin;Lee, Sa-Ro;Jeon, Seong-Woo;Kim, Geun-Han
    • Journal of Environmental Policy
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    • v.12 no.3
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    • pp.21-47
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    • 2013
  • The aim is to analysis landslide vulnerability in Inje, Korea, using GCI(Geospatial Correlative Integration) and probability rainfalls based on geographic information system (GIS). In order to achieve this goal, identified indicators influencing landslides based on literature review. We include indicators of exposure to climate(rainfall probability), sensitivity(slope, aspect, curvature, geology, topography, soil drainage, soil material, soil thickness and soil texture) and adaptive capacity(timber diameter, timber type, timber density and timber age). All data were collected, processed, and compiled in a spatial database using GIS. Karisan-ri that had experienced 470 landslides by Typhoon Ewinia in 2006 was selected for analysis and verification. The 50% of landslide data were randomly selected to use as training data, while the other 50% being used for verification. The probability of landslides for target years (1 year, 3 years, 10 years, 50 years, and 100 years) was calculated assuming that landslides are triggered by 3-day cumulative rainfalls of 449 mm. Results show that number of slope has comparatively strong influence on landslide damage. And inclination of $25{\sim}30^{\circ}C$, the highest correlation landslide. Improved previous landslide vulnerability methodology by adopting GCI. Also, vulnerability map provides meaningful information for decision makers regarding priority areas for implementing landslide mitigation policies.

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How to Reflect Sustainable Development, exemplified by the Equator Principles, in Overseas Investment (해외투자(海外投資)와 지속가능발전 원칙 - 프로젝트 파이낸스의 적도원칙(赤道原則)을 중심으로 -)

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.27-56
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    • 2006
  • Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

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Evaluation of the Coating Liquid Sprayed on Landscape Plants to Prevent De-icing Stresses - Focus on Chlorophyll Fluorescence Analysis - (조경수목의 제설제 피해저감을 위한 엽면코팅제 처리효과 분석 - 엽록소 형광분석법을 중심으로 -)

  • Kwon, Hee-Bum;Kim, Tae-Jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.35 no.6
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    • pp.29-36
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    • 2008
  • This study examined the de-icing agents' stresses on Pinus strobus and Pinus thunbergii by chlorophyll fluorescence analysis. The assumption of this study was that photosynthetic efficiency was changed by de-icing agents applied onto highways in winter by altering the concentration of the de-icier, types of de-icer and leaf surface coating liquid application. The practical purpose of this study was to investigate the de-icing gents stresses on Pinus strobus by the highway area where de-icing agents were used frequently and to discover out minimizing stratages to prevent further damages. or this simulation study, a sample plot was established in Bogae-myeon, Anseong, Gyeonggi-do and Pinus strobus and Pinus thunbergii were planted for the examination in April, 2005. Five types of de-icing agents - NaCl, $CaCl_2$, T product(NS40:low cWoride de-icer type), NaCl+$CaCl_2$ and T product+$CaCl_2$ - were selected and the their concentration was altered to 0%, 5%, and 9%. Five types of de-icing agents were applied to both trees treated by a leaf surface coating liquid and trees not treated by leaf surface coating liquid. For the fluorescence analysis, the leaf surface coating liquid, which was diluted by 10 times, was sprkinkled onto the two tree species three days prior to gathering samples. Sample leaves from the two tree species were gathered at 10 o'clock in the morning of mid-August, 2006 and brought to the laboratory within three hours to be dipped in different concentrations (0%, 5%, or 9%) of the five de-icing agents for two minutes. Then the eaves were placed on the filter paper dipped in each solution on a petri dish, sealed with polyethylene film and kept in a growth chamber at $22^{\circ}C$ for 72 hours. Out of the growth chamber, the leaves were treated with a chorophyll fluorescence reaction analyzer for 30 minutes to measure the initial light acceptance rate(Fo), maximum light acceptance ate(Fv/Fm), light acceptance usage(F' q/F' m) and optical electron delivery coefficient(qP). As a result, Pinus strobus' initial light acceptance rate(Fo) decreased as T product and NaCl increased in concentration, and $Cal_2$ did not reduce much with the eaf surface coating liquid application. Maximum light acceptance rate(Fv/Fm) and light acceptance usage(F' q/F' m) decreased sharply as T product and NaCl increased in concentration and NaCl+$CaCl_2$ and T product+$CaCl_2$ did not reduce much with leaf surface coating liquid application. Optical electrons delivery coefficient (qP) decreased as T product increased in concentration on trees without the leaf surface coating liquid application and all other de-icing agents did not show much reduction. As for Pinus thunbergii, the initial light acceptance rate(Fo) decreased as T product increased in concentration, but the maximum light acceptance rate(Fv/Fm) was not reduced much by changes in concentration. light acceptance usage(F' q/F' m) decreased as NaCl increased in concentration and optical electron delivery coefficient(qP) decreased as NaCl increased in concentration in both with and without leaf surface coating liquid application. In conclusion, it was possible to plant Pinus strobus if spraying leaf surface coating liquid or cleaning deicing salt to prevent the damage caused by deicing agents was more economical than replacing the trees. If not, it was better to plant Pinus thunbergii. Another way to decrease the deicing gents stresses of landscape plants would be planting the trees further away from the roads even though it might take longer period to display its planting functions.

Electrochemical Decontamination of Metallic Wastes Contaminated with Uranium Compounds (우라늄화합물로 오염된 금속폐기물의 전해제염)

  • 양영미;최왕규;오원진;유승곤
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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    • v.1 no.1
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    • pp.11-23
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    • 2003
  • A study on the electrolytic dissolution of SUS-304 and Inconel-600 specimen was carried out in neutral salt electrolyte to evaluate the applicability of electrochemical decontamination process for recycle or self disposal with authorization of large amount of metallic wastes contaminated with uranium compounds generated by dismantling a retired uranium conversion plant in Korea. Although the best electrolytic dissolution performance for the specimens was observed in a Na2s04 electrolyte, a NaNO$_3$ neutral salt electrolyte, in which about 30% for SUS-304 and the same for Inconel-600 in the weight loss was shown in comparison with that in a Na$_2$SO$_4$ solution, was selected as an electrolyte for the electrochemical decontamination of metallic wastes with the consideration on the surface of system components contacted with nitric acid and the compatibility with lagoon wastes generated during the facility operation. The effects of current density, electrolytic dissolution time, and concentration of NaNO$_3$ on the electrolytic dissolution of the specimens were investigated. On the basis of the results obtained through the basic inactive experiments, electrochemical decontamination tests using the specimens contaminated with uranium compounds such as UO$_2$, AUC (ammonium uranyl carbonate) and ADU (ammonium diuranate) taken from an uranium conversion facility were performed in 1M NaNO$_3$ solution with the current density or In mA/$\textrm{cm}^2$. it was verified that the electrochemical decontamination of the metallic wastes contaminated uranium compounds was quite successful in a NaNO$_3$ neutral salt electrolyte by reducing $\alpha$ and $\beta$ radioactivities below the level of self disposal within 10 minutes regardless of the type of contaminants and the degree of contamination.

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Efficiency Test for Surface Protecting Agents for the Chemical Resistance of Concrete Structures Using Sulfur Polymers (Sulfur Polymer를 사용한 콘크리트 구조물용 내화학성 표면보호재의 성능 평가)

  • Lee, Byung-Jae;Lee, Eue-Sung;Chung, Woo-Jung;Kim, Yun-Yong
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.18 no.5
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    • pp.1-8
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    • 2014
  • Structures requiring chemical resistance are usually coated with surface protecting agents, but the cost for maintenance and re-construction is incurred due to the low durability. Therefore, in this study, sulfur was polymerized and the performance was examined so that it could be used as the concrete surface protecting agents for structures requiring chemical resistance. The evaluation results indicated that for the spray of the sulfur polymer surface coating agents, the application of the gravity type was appropriate; and for the number of coating times, about 3 cycle spray gave the best results. For the surface condition of the concrete to be coated with the surface protecting agents, outstanding quality was obtained above room temperature ($20{\sim}30^{\circ}C$), and the bond strength increased as the temperature increased. The evaluation results of the strength characteristics depending on the filler content of the surface protecting agents indicated that about 20~40% filler mixing contributed to the strength improvement as it reduced the shrinkage of the sulfur polymer. Also, the mixing of silica showed larger increase in the bond strength than the mixing of fly ash, and the most outstanding bond strength characteristics could be obtained by the mixing of both silica and fly ash. In the case of the chemical resistance, the strength reduction was minimized and outstanding chemical resistance was obtained when the fly ash and silica were substituted by 20%, respectively. The performance evaluation of the chloride ion penetration indicated that for the specimens coated with the sulfur polymer surface protecting agents, the chloride ion penetration resistance increased by 29~48% compared to the specimen without the coating of the surface protecting agent. The examination of the coating condition of the surface protecting agents, compressive strength, bond strength, chemical resistance, and salt damage resistance indicated that in the range of this study, the optimal level was when the silica and fly ash were substituted by 20%, respectively, as the filler for the sulfur polymer.

Managing Technological Risk and Risk Conflict : Public Debates on Health Risks of Mobile Phones EMF (기술위험 관리와 위험갈등 : 휴대전화 전자파의 인체유해성 논란)

  • Jung, Byung-Kul
    • Journal of Science and Technology Studies
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    • v.8 no.1
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    • pp.97-129
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    • 2008
  • We are living in the time of high probability of technological risk due to increased rate of technology development and diffusion of new technologies. Resolving uncertainties, the basic attribution of risk, by accumulating knowledge over the risk factors of certain technology is critical to management of technological risk. In many cases of technological risks, high uncertainty of knowledge is commonly mentioned reason for public controversies on risk management. However, the type of technological risk with low social agreement and low uncertainty of knowledge, the main reason for public controversy is absence of social agreement. Public debates on the risks of mobile phones electromagnetic fields(EMF) to human health comes under this category. The knowledge uncertainty on human health effect of mobile phones EMF has been lowered increasingly by accumulating enormous volume of knowledge though scientists have not reached a final conclusion whether it pose a risk to the physical and mental health of the general population or not. In contrast with civil organizations calling for precautionary approach based regulation, the mobile phone industry is cling to the position of no-regulation-needed by arguing no clear evidence to prove health risks of mobile phone EMF has found. In Korea, government set exposure standards based on a measurement called the 'specific absorption rate'(SAR) and require the mobile phone industry to open SAR information to the public by their own decision. From the view of pro-regulation side based on precautionary approach, technology risk managament of mobile phones EMF in Korea is highly limited and formalized one with limited measuring of SAR on head part only and problematic self-regulated opening of information about SAR to the public. As far as the government keeps having priority on protecting interest of mobile phone industry over precautionary regulation of mobile phones EMF, the disagreement between civil organizations and the government will not resolved. The risk of mobile phones EMF to human health have high probability of being underestimated in the rate and damage of risk than objectively estimated ones due to familiarity of mobile phone technology. And this can be the cause of destructive social dispute or devastating disaster. To prevent such disastrous results, technology risk management, which integrating the goals of safety with economic growth in public policy and designing and promoting risk communication, is required.

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Effect of PLA2 Inhibitor Rutin on Endotoxin-Induced Acute Lung Injury (내독소로 유도된 급성폐손상에서 PLA2의 억제제인 Rutin의 효과)

  • Kim, Seong-Eun;Lee, Young-Man;Park, Won-Hark
    • Applied Microscopy
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    • v.34 no.1
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    • pp.31-42
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    • 2004
  • Acute respiratory distress syndrome (ARDS) is a kind of acute lung injury characterized by inflammatory disruption of alveolar-capillary barrier and notorious for its high mortality. Neutrophils cause cell damage through the production of free radicals, inflammatory mediators, and proteases in ARDS. $PLA_2$ might serve a primary regulatory role in the activation of neutrophils. This present study was performed to elucidate the effect of rutin known as $PLA_2$ inhibitor on ARDS induced by endotoxin. Endotoxin had increased lung myeloperoxidase (MPO) activity, BAL (bronchoalveolar lavage) protein content, numbers of neutrophils in BALF (bronchoalveolar lavage fluid) compared with those of control rat (p<0.001). In addition, histological evidence of lung injury was correlated with neutrophil influx into alveolar space and cerrous perhydroxide granules were found in lining of endothelial cell, alveolar type I, II cells. In contrast, pretreated group of rutin had significantly decreased all of the parameters (p<0.001). These data suggest that inhibition of $PLA_2$ is one step approach that block the process of ARDS. Accordingly, we conclude that rutin can be used as the prophylactic agent for ARDS on the bases of these experimental results.

Denaturation and Inactivation of Antioxidative Enzymes due to Repeated Exposure to UV-B and Inhibitory Effect of RGP Lens (UV-B 반복노출에 따른 항산화효소의 변성 및 활성저하와 RGP렌즈의 차단효과)

  • Byun, Hyun Young;Lee, Eun Jung;Oh, Dae Hwan;Kim, So Ra;Park, Mijung
    • Journal of Korean Ophthalmic Optics Society
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    • v.20 no.2
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    • pp.237-246
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    • 2015
  • Purpose: The present study was conducted to reveal the correlation of structural denaturation and decrease of enzyme activity when the antioxidative enzymes, superoxide dismutase (SOD) and catalase (CAT) were repeatedly exposed to UV-B, and further investigate whether the denaturation and inactivation of those enzymes can be effectively blocked by using UV-inhibitory RGP lens. Methods: Each enzyme solution was prepared from the standardized SOD and CAT, and repeatedly exposed to UV-B of 312 nm for 30 minutes, 1 hour and 2 hours a day over 1, 2, 3, 4 and 5 days. Structural denaturation of SOD and CAT induced by repeat UV-B irradiation was confirmed by the electrophoretic analysis, and their enzyme activity was determined by the colorimetric assay using the proper assay kit. At that time, the change in structure and activity of the antioxidant enzymes directly exposed to UV-B was compared to the case that UV-B was blocked by UV-inhibitory RGP lens. Results: SOD exposed repeatedly to UV-B showed the polymerization pattern in the electrophoretic analysis when it repeatedly exposed for 30 min a day, however, the change of its activity was less than 10%. On the other hand, CAT repeatedly exposed to UV-B reduced size and density of the electrophoretic band which indicated a structure denaturation, and its activity was significantly decreased. In the case that the repeat exposure time was longer, CAT activity was completely lost even though some enzyme band occurred in the electrphoretic analysis. In addition, the degeneration of CAT due to UV-B irradiation was inhibited to some extent by using RGP lens with a UV-B blocking of 63.7%, however, it was not completely inhibited. Conclusions: From these results, it was revealed that the structural denaturation of antioxidative enzymes was not perfectly correlated with the reduction in enzyme activity according to the type of enzyme. It is recommended to minimize the exposure time to UV when wearing contact lens, or wear the contact lenses having UV blocking rate of the FDA Class I blocker or the sunglasses having equivalent UV-blocking rate for reducing the damage of antioxidative enzymes induced by UV.